Sacked then made to walk 25 miles - legality?
Sacked then made to walk 25 miles - legality?
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matchmaker

Original Poster:

9,006 posts

228 months

Sunday 15th May 2011
quotequote all
Scenario - staff are picked up in their home town and bussed 25 miles to their remote worksite. During the course of the working day one is sacked and told to leave the site. They are expected to make their own way home - the nearest public transport is 5 miles away. Is this legal?

davepoth

29,395 posts

227 months

Sunday 15th May 2011
quotequote all
I'd think if it was gross misconduct that led to the sacking it probably would be - you lose all work benefits.

Anthony Micallef

1,128 posts

223 months

Sunday 15th May 2011
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My wife who's a senior HR Manager says that there's nothing wrong with this as it's not the employers responsibility how they get home.

TurricanII

1,516 posts

226 months

Sunday 15th May 2011
quotequote all
As bad as it sounds the employee could use the ubiquitous mobile phone to call a taxi.

Could the employee not ask to use a phone/speak to a colleague to ring a taxi?

I have given a sackee a lift home when they were let go on amicable grounds of not meeting the criteria set out in writing before they started the six month trial.

If the employee was grossly negligent however then I would probably let them use the phone before escorting them from the premesis!

Munter

31,331 posts

269 months

Sunday 15th May 2011
quotequote all
TurricanII said:
As bad as it sounds the employee could use the ubiquitous mobile phone to call a taxi.
That was my thought as well. phone 118118 can you put me through to a local taxi company. Ta.

matchmaker

Original Poster:

9,006 posts

228 months

Sunday 15th May 2011
quotequote all
Munter said:
TurricanII said:
As bad as it sounds the employee could use the ubiquitous mobile phone to call a taxi.
That was my thought as well. phone 118118 can you put me through to a local taxi company. Ta.
Not when you are in the arse end of nowhere with no cellular coverage!

Eric Mc

125,357 posts

293 months

Sunday 15th May 2011
quotequote all
What is their official place of work?

matchmaker

Original Poster:

9,006 posts

228 months

Sunday 15th May 2011
quotequote all
Eric Mc said:
What is their official place of work?
The remote site. You are not allowed to make your own way there - you must go on the company-supplied transport.

no comment

1,624 posts

222 months

Sunday 15th May 2011
quotequote all
matchmaker said:
Eric Mc said:
What is their official place of work?
The remote site. You are not allowed to make your own way there - you must go on the company-supplied transport.
Err, what? confused

dudleybloke

20,553 posts

214 months

Sunday 15th May 2011
quotequote all
its not fruit picking is it?

matchmaker

Original Poster:

9,006 posts

228 months

Sunday 15th May 2011
quotequote all
no comment said:
matchmaker said:
Eric Mc said:
What is their official place of work?
The remote site. You are not allowed to make your own way there - you must go on the company-supplied transport.
Err, what? confused



On the company bus! And it's not fruit picking.

dudleybloke

20,553 posts

214 months

Sunday 15th May 2011
quotequote all
military/defence type workplace?

Eric Mc

125,357 posts

293 months

Sunday 15th May 2011
quotequote all
matchmaker said:
Eric Mc said:
What is their official place of work?
The remote site. You are not allowed to make your own way there - you must go on the company-supplied transport.
If they insist they take you to the workplace and do not allow you to make your own travel arrangements, then common sense would imply they must also take you back - whatever the circumstances.

matchmaker

Original Poster:

9,006 posts

228 months

Sunday 15th May 2011
quotequote all
dudleybloke said:
military/defence type workplace?
Nothing as exotic - a holiday complex.

69 coupe

2,459 posts

239 months

Sunday 15th May 2011
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matchmaker said:
Nothing as exotic - a holiday complex.
Butlitz?

MonkeyHanger

9,267 posts

270 months

Monday 16th May 2011
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There could be insurance issues if the Transport is "Employees only".

rog007

5,826 posts

252 months

Tuesday 17th May 2011
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It would probably not be considered best practice; but as deed is now done, a short letter to the company, copied to any umbrella organisation representing that sector, may get you an apology and a bunch of flowers (or some new flip flops), assuming the complainant hadn't chinned the boss or something similarly serious. Good luck!

fatboy69

9,424 posts

215 months

Tuesday 17th May 2011
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Holiday complex - remote site?????

Please explain. Siberia perhaps?

Steffan

10,362 posts

256 months

Wednesday 18th May 2011
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Eric Mc said:
matchmaker said:
Eric Mc said:
What is their official place of work?
The remote site. You are not allowed to make your own way there - you must go on the company-supplied transport.
If they insist they take you to the workplace and do not allow you to make your own travel arrangements, then common sense would imply they must also take you back - whatever the circumstances.
I agree with EricM common sense implies there must be a duty of care to an employee sacked 25 miles from home without transport.

One of the delights of English law is that common sense and fairness does filter through. No tribunal would like this.

I think you may well have redress against your former employer. I would make the point and challenge them.

matchmaker

Original Poster:

9,006 posts

228 months

Wednesday 18th May 2011
quotequote all
Better make clear that I was not the sacked one!