Advice required regards employment situation rights - location of work

Grumpy_chap

Well, how do you measure that the job can be proven to be successful working remotely?

Success, for the business, is not simply measured in the immediate-term output but also the development of the individuals within the business and the growth of the business to increase revenue and secure a next generation to take operations forwards.

You may not have that incentive, but the wider business will do so.

DRS1

we have a track record for years of the role being done remotely

Do you? I thought you went to the office 2 days a week. You have only been working from home 100% of the time for the last few months. Has that actually worked or have there been any "issues" with it? If there have don't gloss over them - your employer won't if it comes to a tribunal.

GingerTim

The problem, in my view, is that the employer has made a reasonable adjustment to reduce the time that you have to attend the office, and were happy with this.

They might reasonably decide that attendance is important or integral to the role, and in making the accommodation they have done their best, and that any further adjustment to allow the role to be 100% remote is unreasonable. If they proposed travel options and you refused them they can also argue they have attekpted to make further adjustments. I think they have a strong position.

A situation where you are permanently unable to come into the office could, they could argue, make you incapable of doing the job and is something they are unhappy with. I don't think claiming that it's been working with you 100% remote on what is, at this point, a temporary arrangement, is a strong enough argument against that.

This is where I think we are getting into capability territory, and I don't see that ending well if that is initiated, going on what I've seen as a union rep.

sheramber

https://forums.moneysavingexpert.com/discussion/comment/82136519#Comment_82136519

Work requirements can change .

MayDogsandCoffee

https://forums.moneysavingexpert.com/discussion/comment/82136576#Comment_82136576

Yep - I have worked somewhere that 'unable to travel' was brought up and the employers arranged transport - that didn't suit the employee but as the line manager said he knew what they were doing, had seen it all before and wasn't going to give them what they wanted (payout).

Mistermeaner

thanks all for comments appreciated

it’s been over a week since I’ve informed manager and hr of latest diagnosis and expectations around tests and treatments. No response yet so just got to wait and see I guess

fyi not that sympathy matters a jot here but I’m not exactly having a great time here. 10 years ago I was running half marathons and climbing mountains. This week I have 3 hospital appointments each over an hour drive away for which my partner is having to take dependency leave to drive me. We have 4 kids, 2 at uni and 2 in primary so a lot of demands financially emotionally and time wise. I haven’t taken my youngest to their sports or school for nearly 2 months now. I can’t go to the shops

I am not going to apologise for seeking to maximise my financial situation while prioritising my health

DRS1

Not to pre-judge what your medical prognosis may be but have you looked at what schemes might kick in if you are too ill to work? Does the employment come with permanent health insurance or income protection insurance or critical illness insurance or ill health early retirement under the pension scheme?

DRS1

Also you mention your partner - does that mean you are not married? You might want to think about getting married eg for IHT (if that might apply to your estate).

Mistermeaner

hi. I get private health cover at work. Nothing in policy regards post employment cover. Sickness policy provides for 6 months full pay after that statutory. If work deem me unfit due to being in office being a necessity I will have to go off sick. As always stand to be corrected but I think this is why permitting fully remote working is best for everyone , alternative is I’m off sick.

me and long term partner entered into civil partnership last year precisely for her protection should the worst happen. Work also pay out ~500k if I die while employed

we’ve also done lpoa’s etc which I’d recommend everyone does

thanks

Grumpy_chap

Things won't be as simple as you just saying "I'm not well" and staying at home to receive 6 months at full pay. You can go off sick and self-certify initially but after that will be expected to provide a "fit note" from your GP.

If the period extends, then the employer's OH are likely to get involved and they may request you to attend a medical examination at their chosen provider.

Once the 6 months runs out, there is no more money.