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

lisyloo

I’d be taking the other job in a heartbeat as you cannot trust your current manager.

Ath_Wat

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.

Why would you take them to a tribunal for wrongful dismissal?  What's to be gained?

How fixed is the start date for the new job?

As they have told you they are thinking of extending your probation it doesn't sound like they are keen for you to stay 3 months; quite the opposite if anything.  Why ACAS would say they can't do that is beyond me, you want them to do that, as it means you are definitely still in one week's notice.

Ath_Wat

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?

Accept the retrospective extension, then resign with a week's notice.  Surely.

They are probably trying to extend it because they expect you to resign and don't want you to stay for three months.

mumf

My wife is a union rep.She says that employment law means a contract can be changed anytime. Like it or lump it.

Thrugelmir

Duk said:

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

Move on then to pastures new. Why dither? 

Any chance that they've caught wind of this. 

Undervalued

mumf said:

My wife is a union rep.She says that employment law means a contract can be changed anytime. Like it or lump it.

Bit of a simplification but it is not difficult for an employer to find lawful ways of changing contracts if they go about it properly.