Employment Law - Work Location

[AdamsDad]

Hi all,

Looking for some advice here……

I’ve been with my current employer for 3 years and 4 months. In all that time I’ve been working from home. I’ve never even stepped foot in my employers office. Ive now finished my current project with Client A and I’m waiting for my next assignment.

My employer is now insisting that I attend the London office twice per week as per their ‘policy’.

Where do I stand legally? Is my place of work my home as set by the precedent of the past three years or am I obligated onto attend the office?

The relationship between me and my employer isn’t great and I’m sure it’ll come to an end soon. I’d just appreciate any legal advice on this issue.

Thanks in advance.

[Doofus]

What does your contract say?

[AdamsDad]

Moderators, can you please amend the thread title to remove the stray ‘h’? Thanks

[georgefreeman918]

I would check your contract.

Were you employed on a working from home basis, or like many were employed during covid and 'working from home' was verbally offered, but the contract says otherwise.

I suspect the latter, and although frustrating, probably have a difficult case to argue.

[AdamsDad]

Doofus said:

What does your contract say?

My contract says my place of work is their office but I haven’t been there since I joined over three years ago hence the question

[Doofus]

AdamsDad said:

Doofus said:

What does your contract say?

My contract says my place of work is their office but I haven’t been there since I joined over three years ago hence the question

If that's what your contract says, then that's what you are contractually obliged to honour. Sorry.

[ATG]

Worth checking out employer's responsibility to respond to requests for flexible working arrangements.

[AdamsDad]

georgefreeman918 said:

I would check your contract.

Were you employed on a working from home basis, or like many were employed during covid and 'working from home' was verbally offered, but the contract says otherwise.

I suspect the latter, and although frustrating, probably have a difficult case to argue.

I accept that, however, as I’ve been working from home for over three years, doesn’t that set the real place of work?

I appreciate I may be on a hiding to nothing here but it’s important for me to ask.

Thanks all

[Doofus]

AdamsDad said:

as I’ve been working from home for over three years, doesn’t that set the real place of work?

No.

[paulrockliffe]

Doofus said:

AdamsDad said:

as I’ve been working from home for over three years, doesn’t that set the real place of work?

No.

It can do though. Need to speak to an employment solicitor.

[Muzzer79]

Doofus said:

AdamsDad said:

as I’ve been working from home for over three years, doesn’t that set the real place of work?

No.

Not correct.

It could be argued that a precedent has been set.

If the OP really wants to push this, he should consult with ACAS or an employment lawyer.

However, I would advise caution. How much do you really like your job? How easy would it be to get another one?

Finding a compromise with your boss is always the preferred option.

[Doofus]

Muzzer79 said:

Not correct.

It could be argued that a precedent has been set.

If a contract has been signed to the contrary, it'll be a difficult argument to win.

[snuffy]

AdamsDad said:

Hi all,

Looking for some advice here……

I’ve been with my current employer for 3 years and 4 months. In all that time I’ve been working from home. I’ve never even stepped foot in my employers office. Ive now finished my current project with Client A and I’m waiting for my next assignment.

My employer is now insisting that I attend the London office twice per week as per their ‘policy’.

Where do I stand legally? Is my place of work my home as set by the precedent of the past three years or am I obligated onto attend the office?

The relationship between me and my employer isn’t great and I’m sure it’ll come to an end soon. I’d just appreciate any legal advice on this issue.

Thanks in advance.

I think you have answered your own question; you don't like what they now require and you don't like your employer. Is not the answer "poke it" ?

[Mortarboard]

paulrockliffe said:

Doofus said:

AdamsDad said:

as I’ve been working from home for over three years, doesn’t that set the real place of work?

No.

It can do though. Need to speak to an employment solicitor.

This.

Changes in work conditions can (and do) happen over time, and do not necessarily require that contracts be updated to reflect.

In ireland, for example, once changes have been in effect fir 2 years (iirc), then they become defacto terms amd conditions. It cuts both ways.

M.

[snuffy]

Mortarboard said:

paulrockliffe said:

Doofus said:

AdamsDad said:

as I’ve been working from home for over three years, doesn’t that set the real place of work?

No.

It can do though. Need to speak to an employment solicitor.

This.

Changes in work conditions can (and do) happen over time, and do not necessarily require that contracts be updated to reflect.

In ireland, for example, once changes have been in effect fir 2 years (iirc), then they become defacto terms amd conditions. It cuts both ways.

M.

Several years ago, at a place I used to work (and a friend still did), the company changed the working hours and my mate was not happy about said change. He went to an employment solicitor and said he'd not accepted the change as he'd not signed an updated contract. He was told if he continued to work under the new T&Cs then he'd be deemed to have accepted the change i.e. they became defacto T&Cs.

[jonsp]

CheesecakeRunner said:

They have to respond to a flexible working request.

They don’t have to respond with a “yes”.

True but they have to respond with a fair reason for saying no.

Sounds like the OP would rather not commute to London which is understandable but he signed a contract agreeing to do so. If we had more info on the mechanics of commuting - cost/distance/any difficulties in commuting etc - maybe we could help more.

[dundarach]

Go into London or find another job and be happy they don't want you in more, yet!

[AdamsDad]

Thanks for all the replies. I think this is worth a call to ACAS as suggested above but ultimately, if I need to be in the London office for no reason, when my manager is in the Bristol office, I’ll effectively be telling them to “poke it”.

I’m fairly sure I’ll find a better job in the near future.

[craigjm]

Your contact says you are office based. They have every right to ask you to be in the office twice a week. This is not going as far as enforcing their contract it it offering you flexible working. The only way you can stay working at home and win the argument is if your contract stated you are home based. You accepted the contact that said office based. You are not being forced back to the office you are being moved to flexible working. This is a perfectly legitimate request.

You could request permanent home working but based on what is written here unless you have a protected characteristic that would mean it’s a reasonable adjustment it would be refused. There is case law on this such as Wilson v FCA and a few others where action against the employer fails.

If you want to work from home permanently then find a new job that has home working contracts from the outset.

[Jasandjules]

Ok so your contract says "Office Location" but you WFH for three years. Did they issue you with a change of location side letter or note of anything in writing regarding your change to working from home? Some employers during covid sent side letters reserving the right to recall staff to an office....

You have the possible argument that the contract has been changed by your WFH for three years...

But in part the usual question and consideration is - how much do you want to fight ?