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My role moved and I was not allowed to apply for it because

 
UKSolicitorJA's Avatar
  • Answered by:UKSolicitorJA
  • Solicitor
  • Positive Feedback: 88.6 %
  • Accepted Answers: 342
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in UK Employment Law

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Customer Question

My role moved and I was not allowed to apply for it because it was over 75 minutes away. I am in full agreement with the 75 minute rule. My base location (where my role was) is over 75 mins away. My company is saying I must travel there. Must I travel there or can I go to a nearer location.

 

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Province/Country relating to question: united kingdom

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I have said I dont wish to travel as I agree its too far. They say that only applies to new roles and not to my old role (which ceased to exist on 18 June)

Submitted: 291 days and 7 hours ago.
Category: UK Employment Law
Value: £28
Status: CLOSED
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Expert:  UKSolicitorJA replied 291 days and 4 hours ago.

Hello,

what does your employment contract say about this, if you have one?

Customer replied 291 days and 3 hours ago.

My base is location is where they are trying to make me work. However they have decided that if you take a role you are not able to take it up if you are over 75 mins away. I was unable to be identified to my role when it moved location as the 75 minute rule applied. However they are now saying I must work at my contratual location and have decided that the 75 minute rule does not apply. The 75 minute rule was devloped as they argue they have a duty of care for employees wellbeing. I believe I can argue that because they have decided that I cant apply for roles over 75 mins (their arguement related to thier duty of care) I believe I can also say that over 75 mins is too much travel and it goes against thier duty of care as an employer. It is actually quite barmy as I am displaced and expect to be made redundant in the next few weeks. I cannot apply for roles in my contratual location because of the 75 min rule. I am looking to redundancy and I really do not want to have to travel to a location that they decided was too far away (when it suits). So I suppose my query is can I argue that the journey is too far by thier own standards and that I find it tiring and stress full and that they have a duty to minimise this.

Accepted Answer

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Expert:  UKSolicitorJA replied 291 days and 3 hours ago.

Yes, you certainly have a good case for arguing that. It seems they want to have it both ways by denying you a role because of the 75 minutes rule and then waiving the rule to suit them by making you work in your base location.

All the best

Expert TypeSolicitor
Category: UK Employment Law
Pos. Feedback: 88.6 %
Accepts: 342
Answered: 6/29/2012

Experience: solicitor

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