Being asked to come into the office 3 days a week on a work from home contract signed 3 months ago

Jillanddy

There is one aspect of that entirely true - in the absence of being told you have failed probation, then you have passed whether told or not. So your notice period is 3 months (unless you agree otherwise with the employer). It is twaddle that you only have to give one week, unless that is what you contract says is your notice period after probation. ACAS never fail to amaze me with the bull they spiel. 

As has already been said, you can certainly claim wrongful dismissal, but unless they owe you money there is no point because they can break as many parts of the contract as they like - if there is no financial loss there is no claim for wrongful dismissal. Especially since they aren't dismissing you! ACAS may have not noticed this fact, but resigning and dismissal are actually not the same things. 

The reality is that if you resign and refuse to serve your notice, the employer might sue you for the tangible costs arising from that - so, for example, if they got in a temp to replace you and the cost of that was more than you would otherwise have been paid. Whether they do that or not depends on how vindictive they decide to be. Logically, unless they suffer a huge loss, there really isn't any benefit to them in doing so. But employers may and do have other motivations. Only you can judge that risk.

General_Grant

Duk said:

So I spoke to ACAS today about the whole situation.

They have said that the wording in location has to relate to three categories and the reasonable location of work has to be premises owned by the company.

So my contract says my place of work will be at home which relates to remote, there is nothing in there about hybrid or on site working.

ACAS also told me something I am not quite sure on so I would appreciate some help.

I have been at my job 4 month now and I have a 3 month probation. My employer told me they were thinking of extending my probation which ACAS said they could not do in retrospect as the 3 months is already up. 

Now this is the bit I'm dubious about. Because I have had no formal or informal meetings or letters or any text about passing my probation ACAS told me I only have to give 1 week's notice and not 3 months. whilst as I past 3 months the company have to give me 3 months notice. This will probably lead to dismissal but I can take them to a tribunal for "wrongful dismissal" and not "unfair dismissal" as they have broken multiple aspects of the contract they have given me., Any tribunal the court would vote in my favour. 

How true is that? Because I have been offered a new job to start on Monday 30th.

So ACAS have said you can have your cake and eat it.
Have cake:  The company can't now say you haven't passed your probation even though they haven't confirmed you have and so they have to give you 3 months notice as that kicks in at the 3-month mark.  
Eat it: you can ignore the passing of probation change and only give a week's notice.

I understand why you are dubious.

Who did you speak with at ACAS?  Someone who answered the call, a first line responder, or someone to whom they passed you?

NCC1701-A

Just shows how useless ACAS can be, saying two opposite things are true!

However Duk, you said in your opening post you had been told you had passed your probation, trying to argue now that you haven't because you haven't got an email isn't going to wash. 

Only you can weigh up all the pros and cons, sounds like you don't won't to work for them and you have found alternative employment pretty quickly. If it was me, I'd serve notice, refuse to attend the office more than what was previously set out and even if they agreed to complete hone working plus a pay rise, still leave. They have broken your trust in them and that's irreplaceable.

Duk

General_Grant said:

Duk said:

So I spoke to ACAS today about the whole situation.

They have said that the wording in location has to relate to three categories and the reasonable location of work has to be premises owned by the company.

So my contract says my place of work will be at home which relates to remote, there is nothing in there about hybrid or on site working.

ACAS also told me something I am not quite sure on so I would appreciate some help.

I have been at my job 4 month now and I have a 3 month probation. My employer told me they were thinking of extending my probation which ACAS said they could not do in retrospect as the 3 months is already up. 

Now this is the bit I'm dubious about. Because I have had no formal or informal meetings or letters or any text about passing my probation ACAS told me I only have to give 1 week's notice and not 3 months. whilst as I past 3 months the company have to give me 3 months notice. This will probably lead to dismissal but I can take them to a tribunal for "wrongful dismissal" and not "unfair dismissal" as they have broken multiple aspects of the contract they have given me., Any tribunal the court would vote in my favour. 

How true is that? Because I have been offered a new job to start on Monday 30th.

So ACAS have said you can have your cake and eat it.
Have cake:  The company can't now say you haven't passed your probation even though they haven't confirmed you have and so they have to give you 3 months notice as that kicks in at the 3-month mark.  
Eat it: you can ignore the passing of probation change and only give a week's notice.

I understand why you are dubious.

Who did you speak with at ACAS?  Someone who answered the call, a first line responder, or someone to whom they passed you?

A first liner, I won't name him for obvious reasons but it didn't seem sound advice. He did say the 1 weeks notice could be due to them fundamentally breaking the contract by saying a remote role on the contract is a hybrid role which is not written anywhere..

Duk

NCC1701-A said:

Just shows how useless ACAS can be, saying two opposite things are true!

However Duk, you said in your opening post you had been told you had passed your probation, trying to argue now that you haven't because you haven't got an email isn't going to wash. 

Only you can weigh up all the pros and cons, sounds like you don't won't to work for them and you have found alternative employment pretty quickly. If it was me, I'd serve notice, refuse to attend the office more than what was previously set out and even if they agreed to complete hone working plus a pay rise, still leave. They have broken your trust in them and that's irreplaceable.

I was told by my manager on the phone "oh don't worry about your probation, you're fine" and now they are looking to retrospectively extend it for 3 months after 4 months of me being there as I do not visit the office enough, which apparently they cannot do.

And does the passing comment actually mean I have passed, it could be interpreted differently?

NCC1701-A

Duk said:

NCC1701-A said:

Just shows how useless ACAS can be, saying two opposite things are true!

However Duk, you said in your opening post you had been told you had passed your probation, trying to argue now that you haven't because you haven't got an email isn't going to wash. 

Only you can weigh up all the pros and cons, sounds like you don't won't to work for them and you have found alternative employment pretty quickly. If it was me, I'd serve notice, refuse to attend the office more than what was previously set out and even if they agreed to complete hone working plus a pay rise, still leave. They have broken your trust in them and that's irreplaceable.

I was told by my manager on the phone "oh don't worry about your probation, you're fine" and now they are looking to retrospectively extend it for 3 months after 4 months of me being there as I do not visit the office enough, which apparently they cannot do.

And does the passing comment actually mean I have passed, it could be interpreted differently?

Well, if you've evidence of them extending it, that works in your favour as your notice is only one week (if I've understood your OP properly).

Undervalued

Duk said:

So I spoke to ACAS today about the whole situation.

They have said that the wording in location has to relate to three categories and the reasonable location of work has to be premises owned by the company.

So my contract says my place of work will be at home which relates to remote, there is nothing in there about hybrid or on site working.

ACAS also told me something I am not quite sure on so I would appreciate some help.

I have been at my job 4 month now and I have a 3 month probation. My employer told me they were thinking of extending my probation which ACAS said they could not do in retrospect as the 3 months is already up. 

Now this is the bit I'm dubious about. Because I have had no formal or informal meetings or letters or any text about passing my probation ACAS told me I only have to give 1 week's notice and not 3 months. whilst as I past 3 months the company have to give me 3 months notice. This will probably lead to dismissal but I can take them to a tribunal for "wrongful dismissal" and not "unfair dismissal" as they have broken multiple aspects of the contract they have given me., Any tribunal the court would vote in my favour. 

How true is that? Because I have been offered a new job to start on Monday 30th.

As I understand it ACAS are right on one point and wrong on another. They, or indeed this forum, are not a substitute for proper legal advice!

As I understand it, you are automatically deemed to have "passed" probation unless you are told you have not (or that it has been extended) before the end of the stated period.

If so, then you have "passed" probation making ACAS's next point moot (at best).

In a way of course you are sort of on probation in any job for the first two years as you cannot (in most circumstances) claim unfair dismissal. That makes probation largely meaningless apart from an contractual changes that comes from "passing" - in your case a right to (and an obligation to give) three month notice.

They are correct that there is no qualifying period to claim wrongful dismissal (which is basically breach of contract). However at best all that would gain you is your notice pay plus maybe, if they cut corners, a few days pay for however long it might have taken to follow proper procedure. You would not get any compensation for the loss of your job.

Do not rely on ACAS's call centre.  I am certainly sceptical about their comments (as you report them) about the location clause.

Take proper legal advice from an employment solicitor.

Ivrytwr3

You were contracted to work from home and after a short time the company are looking to significantly change what you signed up for.

You have told them you wouldn't have joined if 3 days a week in the office is required and this is a show stopper for you - have you or your manager discussed this with HR?

As your manager is not willing to budge, just tell them you have reached an imapasse and say you are disappointed about the way this has been handled and have had to seek another role elsewhere and will be leaving the company xxxxx. As they have decided to extend your probation, you feel this would be best for both of you.

I think for your manager this would be an easy way to get rid of you, but not sure how HR/Senior bosses would feel. Dirty trick by your manager pandering to the others, could have been handled much better.

Jillanddy

Duk said:

General_Grant said:

Duk said:

So I spoke to ACAS today about the whole situation.

They have said that the wording in location has to relate to three categories and the reasonable location of work has to be premises owned by the company.

So my contract says my place of work will be at home which relates to remote, there is nothing in there about hybrid or on site working.

ACAS also told me something I am not quite sure on so I would appreciate some help.

I have been at my job 4 month now and I have a 3 month probation. My employer told me they were thinking of extending my probation which ACAS said they could not do in retrospect as the 3 months is already up. 

Now this is the bit I'm dubious about. Because I have had no formal or informal meetings or letters or any text about passing my probation ACAS told me I only have to give 1 week's notice and not 3 months. whilst as I past 3 months the company have to give me 3 months notice. This will probably lead to dismissal but I can take them to a tribunal for "wrongful dismissal" and not "unfair dismissal" as they have broken multiple aspects of the contract they have given me., Any tribunal the court would vote in my favour. 

How true is that? Because I have been offered a new job to start on Monday 30th.

So ACAS have said you can have your cake and eat it.
Have cake:  The company can't now say you haven't passed your probation even though they haven't confirmed you have and so they have to give you 3 months notice as that kicks in at the 3-month mark.  
Eat it: you can ignore the passing of probation change and only give a week's notice.

I understand why you are dubious.

Who did you speak with at ACAS?  Someone who answered the call, a first line responder, or someone to whom they passed you?

A first liner, I won't name him for obvious reasons but it didn't seem sound advice. He did say the 1 weeks notice could be due to them fundamentally breaking the contract by saying a remote role on the contract is a hybrid role which is not written anywhere..

That would also be incorrect - two wrongs don't make a right. 

The ACAS first-line is a call centre, and staff are trained with a script. Like any call-centre. They are not legally qualified and this leads to indifferent advice, and sometimes dangerous advice. 

Undervalued

Duk said:

NCC1701-A said:

Just shows how useless ACAS can be, saying two opposite things are true!

However Duk, you said in your opening post you had been told you had passed your probation, trying to argue now that you haven't because you haven't got an email isn't going to wash. 

Only you can weigh up all the pros and cons, sounds like you don't won't to work for them and you have found alternative employment pretty quickly. If it was me, I'd serve notice, refuse to attend the office more than what was previously set out and even if they agreed to complete hone working plus a pay rise, still leave. They have broken your trust in them and that's irreplaceable.

I was told by my manager on the phone "oh don't worry about your probation, you're fine" and now they are looking to retrospectively extend it for 3 months after 4 months of me being there as I do not visit the office enough, which apparently they cannot do.

And does the passing comment actually mean I have passed, it could be interpreted differently?

As I said in my previous post, as I understand it, legally you are deemed to have passed promotion unless you have been told otherwise before it was scheduled to end. 

That certainty was the case and I am not aware of any changes but I may be out of date.

Get some proper legal advice.