custom & practice

[grannyelly]

I have worked for my employer for 8yrs and always had transport provided as i do noy drive. Then out of the blue they told me i had to make my own way to and from work which would mean me getting 6 buses a day and would add another 4hrs on to my 8hrs working day. Surely it has now become custom & practice and become terms of my contract after 8yrs. i have now given my notice and am fighting for constructive dismissal through the employment tribunal do you think i have a case.

[factor-fiction]

Was it a company car? It is not uncommon for these to be withdrawn. Have you been given notice of the change and are you being compensated in any way?

[buildersmate]

Well if you've taken the bold step and resigned, then it is down to what the ET says, rather than any opinion you get here.
It might have been better to have checked out the likely position here (or/and other places) before resigning.
The angle you are approaching it on is the only likely winning one. I imagine you are provided with a minibus or similar?
Do you appreciate that, if you win, you are unlikely to get the job back - just some money in compensation? Is that the best scenario you were hoping for?

[factor-fiction]

Good answer buildersmate. It probably was a minibus service- certainly wasn't a company car (just realised grannyelly can't drive). A good employer in these circumstances would have offered some alternatives/compensation unless they were hoping grannyelly would decide to leave.

[grannyelly]

THANKS FOR YOUR ANSWERS TO MY QUESTION I WAS GIVEN A LIFT WITH MY PARTNERS AS 2 OF US ALWAYS WORKED AS A TEAM ONE DRIVER LABOURER AND ONE LABOURER MY PARTNER HAD A WORKS VAN.WENT THROUGH COMPANY GRIEVANCE PROCEDURE AND THEY TURNED DOWN MY APPEALS ON ALL 3 HEARINGS.SO MY SOLICITOR SAID THE NEXT STEP WOULD BE FOR ME TO RESIGN AND GO FOR CONSTRUCTIVE DISMISSAL AS THEY LEFT ME NO OTHER ALTERNATIVE.MY EMPLOYERS ARE STILL SAYING THEY ARE NOT IN WRONG AND ARE LETTING IT GO TO EMPLOYMENT TRIBUNAL.MY SOLICITOR IS NOW SAYING SHE LOOKING FOR SOMETHING IN CASE LAWS TO BACK UP OUR CLAIM FOR IT BECOMING CUSTOM AND PRACTICE THAT AS THEY PROVIDED TRANSPORT FROM DAY ONE OF MY EIGHT YEARS SERVICE IT IS NOW CLASSED AS TERMS OF MY CONTRACT.THEY NEVER GAVE ME ANY NOTICE IN WRITING SURELY THEY SHOULD HAVE DONE SO.

[buildersmate]

Ah, so we didn't get all the useful facts first time around, eh?
And now it seems you are pitching me against your own solicitor - just as well that I'm on the ball and know my stuff on employment law, then.
No, I've never heard of the situation that you describe.
I suspect that the employer will counter that it was a local arrangement between you and another employee, who happened to have the benefit of a company van. He/she came to an agreement with you to pick you up in the course of his journey to work.
Worth a try if you have no other way of maintaining employment, but I can't say which way it will go