Advice needed re: potential constructive dismissal

mrsj28

I am in a potentially difficult situation at work and would like some advice.

The background:

I have worked for a small company for three and half years. For two and half years I worked in the company's office; my husband and I then decided to relocate and I agreed with my employer that I could work remotely and come to the office one day a week (it is about 1.5-2 hours drive each way).

My contract of employment states that my usual place of work is the company offices, but I do have an email from my boss (the business owner) confirming that I now work remotely four days per week. When I was given my contract (only very recently... don't ask.. that is another issue!) I asked for an addendum stating that my usual place of work is now my home address, with one day per week in the office. My boss said this was not necessary and because I have the email confirmation I was not too worried.

Recently my boss has made noises suggesting I will have to work in the company office more regularly. This is not something I can agree to due to petrol costs and time away from home. We have a meeting booked for the end of October when she wants to discuss my job description, work schedules, etc (all quite vague).

If there is a demand for me to work extra days in the company office, I will hand my notice in.

On a separate note, although I don't think totally unrelated, I recently had a miscarriage and took two weeks off work to recover. I have my suspicions that she is trying to sideline me as she is worried I am going to get pregnant and go on maternity leave.

Question: Will the email confirmation stand up against the contract which states my usual place of work as the company offices? (I also have a colleague who has witnessed the usual pattern of me being there just one day per week)

Question: Would this be constructive dismissal?

Any other advice on how to handle the situation would be very much appreciated!

getmore4less

Constructive dismisals can be difficult claims to bring and very low success rates, resigning is not a good idea.

An email and acceptance of the new work pattern for a year should be enough to change the contract.

If they want to change it again they need to consult any further change, probably best to carry on working as is and protest to any change proposals and get them to make the next move rather than resigning.

I would probably keep quiet on any suggestion you think this is a potential discrimation situation.

If this does look like a move to get you back focus on the business case for the proposed change.

mrsj28

Thanks - that's really helpful. I'm not one for wanting to kick up a fuss or take people to court etc, just keen to know where I stand and how best to play this!

I think carrying on with my current work pattern and not agreeing to any new changes is a good suggestion, as well as making sure my employer has clear business reasons for the proposed changes.