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  • FIRST POST
    • Lexie M
    • By Lexie M 10th Jan 18, 11:47 AM
    • 12Posts
    • 2Thanks
    Lexie M
    working from home contract employer wants me to go in every day
    • #1
    • 10th Jan 18, 11:47 AM
    working from home contract employer wants me to go in every day 10th Jan 18 at 11:47 AM
    I am on a working from home contract which states I need to attend the office a reasonable amount of times for meetings. Up until now that has been once a month. Since I handed in my notice they are making me go in every day (2.5 hours commute each way). They are only doing this because they want me to leave without serving my notice as they don't want to pay the salary for my notice period.

    Has anyone got any advice on how to approach this? Is it surely not legal.
Page 1
    • getmore4less
    • By getmore4less 10th Jan 18, 12:07 PM
    • 31,168 Posts
    • 18,679 Thanks
    getmore4less
    • #2
    • 10th Jan 18, 12:07 PM
    • #2
    • 10th Jan 18, 12:07 PM
    They are not making you come in.

    What have they said will happen if you don't go in more regularly.


    If your contracted place of work is home have you been claiming expenses for travel to another place of work?
    • Comms69
    • By Comms69 10th Jan 18, 12:07 PM
    • 1,776 Posts
    • 1,610 Thanks
    Comms69
    • #3
    • 10th Jan 18, 12:07 PM
    • #3
    • 10th Jan 18, 12:07 PM
    Why is it not legal?


    It would take longer to take any action possible, than you have left on your notice anyway
    • ssparks2003
    • By ssparks2003 10th Jan 18, 12:13 PM
    • 254 Posts
    • 326 Thanks
    ssparks2003
    • #4
    • 10th Jan 18, 12:13 PM
    • #4
    • 10th Jan 18, 12:13 PM
    You want to leave, they want you to leave. If both parties are happy why not terminate the relationship early? Ultimately they can if needed hold meetings everyday if the business needs dictate
    • ReadingTim
    • By ReadingTim 10th Jan 18, 12:35 PM
    • 2,283 Posts
    • 3,235 Thanks
    ReadingTim
    • #5
    • 10th Jan 18, 12:35 PM
    • #5
    • 10th Jan 18, 12:35 PM
    I would suggest that 2 days per week in the office would be a 'reasonable' amount of time to be in the office per week for meetings, especially as you're likely to be handing work over to your successor / colleagues. Unfortunately, the length of time it takes you to get to work is simply not relevant.

    Therefore, my first approach would be to suggest that meetings are scheduled for those 2 days - clearly expecting you in every days isn't reasonable, given you have a WFH contract; but by the same token, only coming in one day per month isn't reasonable either, for the same reasons as outlined above.

    If you can't agree, then explore finishing earlier by mutual consent, ie you both agree to a shorter notice period - you stop working earlier than your notice period states, they stop paying you earlier than your notice period states. Ultimately, what they're requesting isn't illegal, and if you can't come to a mutually acceptable solution, attempting to force the issue to suit your circumstances is likely to be either counter-productive (leaving on poor terms, risk to reference etc) or more trouble than it's worth for what is probably less than 3 months - suggest you simply grin and bear it for the last few weeks knowing you're soon to be out of there.
    • elsien
    • By elsien 10th Jan 18, 12:39 PM
    • 15,626 Posts
    • 39,414 Thanks
    elsien
    • #6
    • 10th Jan 18, 12:39 PM
    • #6
    • 10th Jan 18, 12:39 PM
    If you're on a working from home contract then the travel time to and from the office would be included in your normal working day. And quite possibly travel expenses as well, depending on your contract.
    So do they really want you to take 5 hours out of your working day to traipse there and back every day? Or have they not thought of that and are anticipating you do it in your own time in which case you need to double check your contract and possibly point it out to them.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • TELLIT01
    • By TELLIT01 10th Jan 18, 1:21 PM
    • 4,399 Posts
    • 4,628 Thanks
    TELLIT01
    • #7
    • 10th Jan 18, 1:21 PM
    • #7
    • 10th Jan 18, 1:21 PM
    What is the reason for the daily meetings? If it's a case that they need your knowledge passing on to somebody before you leave then it's possibly not unreasonable that they need you to attend the office every day.
    • Lexie M
    • By Lexie M 10th Jan 18, 4:32 PM
    • 12 Posts
    • 2 Thanks
    Lexie M
    • #8
    • 10th Jan 18, 4:32 PM
    • #8
    • 10th Jan 18, 4:32 PM
    thank you all for your advice
    the exact wording in the contract is:
    Your normal place of work will be home based. You may also be required to work at such locations as may reasonably be required, including travel both in the UK and abroad. The company will provide as much notice as is reasonably practicable in the event that you are required to work away from your base site.

    before I gave in my notice I only had to attend once a month for a monthly meeting the rest I worked from home. Ever since I gave them my notice they are making me go into work everyday but there are no meetings. There is no reason for me going in. They are doing it to be difficult and make me commute 5 hours a day. I am working on a written handover which can easily be done at home. They gave me no explanation as to why I need to go in every day. Just told me I need to do it
    they are paying travel expenses every day
    • Comms69
    • By Comms69 10th Jan 18, 4:34 PM
    • 1,776 Posts
    • 1,610 Thanks
    Comms69
    • #9
    • 10th Jan 18, 4:34 PM
    • #9
    • 10th Jan 18, 4:34 PM
    thank you all for your advice
    the exact wording in the contract is:
    Your normal place of work will be home based. You may also be required to work at such locations as may reasonably be required, including travel both in the UK and abroad. The company will provide as much notice as is reasonably practicable in the event that you are required to work away from your base site.

    before I gave in my notice I only had to attend once a month for a monthly meeting the rest I worked from home. Ever since I gave them my notice they are making me go into work everyday but there are no meetings. There is no reason for me going in. They are doing it to be difficult and make me commute 5 hours a day. I am working on a written handover which can easily be done at home. They gave me no explanation as to why I need to go in every day. Just told me I need to do it
    they are paying travel expenses every day
    Originally posted by Lexie M
    Not a lot you can do really.
    • andydownes123
    • By andydownes123 10th Jan 18, 4:54 PM
    • 139 Posts
    • 230 Thanks
    andydownes123
    Not a lot you can do really.
    Originally posted by Comms69
    Sit back and rake in the travel expenses
    • steampowered
    • By steampowered 10th Jan 18, 6:07 PM
    • 2,064 Posts
    • 1,940 Thanks
    steampowered
    The employer's conduct is clearly unreasonable, if it as you have described it.

    I would continue working from home in line with past practice - unless there is a genuine meeting requiring you to come in.

    That doesn't give the employer the ability to withhold salary. If they do so, you could issue Employment Tribunal proceedings against them or a small claim for the owed wages.
    • Lexie M
    • By Lexie M 10th Jan 18, 8:43 PM
    • 12 Posts
    • 2 Thanks
    Lexie M
    there are no meetings. they just want me go go in for the sake of it. I asked them why I suddenly need to go in every day and they said it's company policy however I have never been made aware of such policy
    • happyandcontented
    • By happyandcontented 10th Jan 18, 8:45 PM
    • 886 Posts
    • 1,761 Thanks
    happyandcontented
    Have others ( who have resigned) had to do the same thing?
    • Lexie M
    • By Lexie M 10th Jan 18, 9:27 PM
    • 12 Posts
    • 2 Thanks
    Lexie M
    unfortunately I don't know as I don't have a way of contacting them to ask
    • crackerberry
    • By crackerberry 10th Jan 18, 10:55 PM
    • 734 Posts
    • 1,168 Thanks
    crackerberry
    As already said, your travel time counts as working time so it's ludicrous for them to want you to spend most of your working day driving, with what, just 2.5 to 3 hours in the office?
    • CommitedToChange
    • By CommitedToChange 10th Jan 18, 11:03 PM
    • 1,181 Posts
    • 3,798 Thanks
    CommitedToChange
    Ask them for proof that it's policy since you're on a WFH contract.

    How long is your notice?
    Attempting to buy a house
    • theoretica
    • By theoretica 10th Jan 18, 11:03 PM
    • 4,990 Posts
    • 6,248 Thanks
    theoretica
    Could it be a way of ensuring you don't start another job while still on their books?
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
    • agrinnall
    • By agrinnall 11th Jan 18, 9:05 AM
    • 19,140 Posts
    • 14,821 Thanks
    agrinnall
    Sit back and rake in the travel expenses
    Originally posted by andydownes123
    Not sure how you can see it as "rake in" when it'll just be repayment of costs that the OP has incurred.
    • another casualty
    • By another casualty 11th Jan 18, 10:44 AM
    • 3,242 Posts
    • 5,111 Thanks
    another casualty
    I am on a working from home contract which states I need to attend the office a reasonable amount of times for meetings. Up until now that has been once a month. Since I handed in my notice they are making me go in every day (2.5 hours commute each way). They are only doing this because they want me to leave without serving my notice as they don't want to pay the salary for my notice period.

    Has anyone got any advice on how to approach this? Is it surely not legal.
    Originally posted by Lexie M
    Mmm. They are obviously not happy to lose you . Seems like you’ve ruffled a few feathers for some reason. Is your notice period longer than 1 month? It seems fair though that they are paying expenses.
    Is there a reason that you think your employers are being unfair?
    Have you previously worked away from home from your employers In the past?
    Unless you were single and afford to stay in a b&b for a while , it doesn’t look like there is much that you can do other than carry on and put this behind you.
    It will seem like torture now ( and probably is) , but it will all be over in a matter Of weeks . Hope the situation improves.
    • Lexie M
    • By Lexie M 11th Jan 18, 10:48 AM
    • 12 Posts
    • 2 Thanks
    Lexie M
    I think theoretica might be right. they just want to make sure I can't go to interviews.
    the notice is 1 month.
    I don't have any work to do as they have taken all my responsibilities off me and redirected my emails and phone calls. there is no reason for me being there. the other night as I was leaving they said leave you laptop here since you're coming back tomorrow. In 1 year I have had to go to the office a total of 14 times. Now, in my last month, I need to go in every day to do nothing.

    there is nothing in my contract about travel time so I still have to be at work for 8 hours plus travel for 5 hours and they are not replying to the questions in my emails. they haven't even confirmed that that will pay the travel expenses as per usual.

    they have also said nothing about my holiday which I'm assuming I should still be entitled to for 1 month's work even if it's my notice
    Last edited by Lexie M; 11-01-2018 at 11:11 AM.
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