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  • FIRST POST
    • Lexie M
    • By Lexie M 10th Jan 18, 11:47 AM
    • 14Posts
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    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 2
    • elsien
    • By elsien 11th Jan 18, 10:55 AM
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    elsien
    I'd still argue that on a working from home contract then your travel time to the office is included in your travel time from your usual place if work. Is home.
    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.
    • agrinnall
    • By agrinnall 11th Jan 18, 11:29 AM
    • 20,342 Posts
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    agrinnall
    If you don't go in what is the worst that they can do to you? No reference - will you need one? Terminate your contract early - is that a huge issue as you're leaving anyway?
    • Malthusian
    • By Malthusian 11th Jan 18, 12:38 PM
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    Malthusian
    Not sure how you can see it as "rake in" when it'll just be repayment of costs that the OP has incurred.
    Originally posted by agrinnall
    If the OP drives in, the employer pays travel expenses by the mile, and the OP's car is cheap to run, they may well make a profit.

    Alternatively, if the OP is travelling in working hours they can take a bus or train to work (if it's possible) and use a laptop or phone to apply for new jobs and get paid for it. Or read or play games.

    It is reasonable for an employer to expect an employee to work their notice period, in exchange for their pay. If the employer has already transferred all their duties to other employees, as they have with the OP's, they can reasonably ask the employee to come in, stand around and look decorative. "It's not in my job description" never works.

    Personally I would probably just stop going in and write off the notice pay, but I gather that the OP wants the money.
    • TBagpuss
    • By TBagpuss 11th Jan 18, 12:55 PM
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    TBagpuss
    Yes, you will continue to accrue holiday during your notice period. At the end, then you are entitled to be paid for any holiday time you have accrued but not taken. (or could agree to take those days as holiday, if your employer agreed)

    In terms of their current behaviour, while it is frustrating, if they want to pay you to sit in the office and do nothing for the month that is their prerogative.

    if you are not sure about whether they will pay expenses,can you put in a claim now what you have incurred to date?
    • andydownes123
    • By andydownes123 11th Jan 18, 3:58 PM
    • 240 Posts
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    andydownes123
    Not sure how you can see it as "rake in" when it'll just be repayment of costs that the OP has incurred.
    Originally posted by agrinnall
    It's quite typical to make money from expenses. 45p per mile for say 150 miles according to travel times, that's 135 a day in costs...if OP is in a car and subject to this pretty standard arrangement, that's more money than it costs to get there and back, even in a gas guzzler.
    • Lexie M
    • By Lexie M 11th Jan 18, 4:39 PM
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    Lexie M
    I do want to work the notice because I want the money
    • Lexie M
    • By Lexie M 12th Jan 18, 12:07 PM
    • 14 Posts
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    Lexie M
    after emailing them to say that there is no work requirement for me to be in the office every day, and I will continue to work from home as per my contract until the expiry of my notice period they have replied saying that my view is clearly opposing and I am refusing to cooperate therefore they are recording my employment termination date as end of day today and will be paying my salary at the end of February
    • happyandcontented
    • By happyandcontented 12th Jan 18, 12:23 PM
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    happyandcontented
    I would then go back to them and ask them to give you a detailed list of all work requirements that necessitate you being in the office.

    State that you are not "clearly opposing" but are simply unclear from your experience to date (outline what you have been doing whilst in the office on notice and how long it has taken you to get there)what they require you to do that can't be done from your contracted place of work- which is home.

    If they are saying it is meetings ask for a list of dates/times and attendees. Also, ask for a copy of the policy which states that the place of work changes in the notice period.

    Say very clearly that you are quite willing to attend the office if they can give you this information and that you do not agree to termination of your contract before your notice period has expired. State that you wish to use any holidays owed to reduce the days spent in the office.

    Add a read receipt if sending by email.

    If they can't answer all the questions you will have evidence to show a tribunal that they have behaved unfairly. You may have legal cover within one of your insurance policies to get advice and help with that aspect.

    You probably won't win ( unless you go to Tribunal) but you will give them food for thought.
    Last edited by happyandcontented; 12-01-2018 at 12:38 PM.
    • 74jax
    • By 74jax 12th Jan 18, 1:06 PM
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    74jax


    I would then go back to them and ask them to give you a detailed list of all work requirements that necessitate you being in the office.

    Also, ask for a copy of the policy which states that the place of work changes in the notice period.
    Originally posted by happyandcontented



    I was just about to post the same.
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    • gettingtheresometime
    • By gettingtheresometime 12th Jan 18, 2:09 PM
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    gettingtheresometime
    I must be a push over then because my attitude would be if the employer wanted me to work/attend the office & was prepared to pay the expenses incurred, I'd do it.


    Yes the travelling is a pita but I think it would be seen as a reasonable request & the OP is throwing their toys out of the pram
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    • k3lvc
    • By k3lvc 12th Jan 18, 2:21 PM
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    k3lvc
    OP - I see that you mention whether you've another job to go to and whether now (or in the future) you'll be reliant on a reference from current employer.

    Depending on your length of service/previous relationship with them I'd be going down the 'attending the office but travelling in their time' route and claiming the necessary expenses.
    • hyubh
    • By hyubh 12th Jan 18, 2:37 PM
    • 2,149 Posts
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    hyubh
    Yes the travelling is a pita but I think it would be seen as a reasonable request & the OP is throwing their toys out of the pram
    Originally posted by gettingtheresometime
    On the details given, it isn't the OP throwing their toys out of the pram.
    • Lexie M
    • By Lexie M 12th Jan 18, 5:24 PM
    • 14 Posts
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    Lexie M
    acas said I can claim for wrongful dismissal
    my understanding is that even if they dismissed me they still should have given me a notice period
    • discat11
    • By discat11 12th Jan 18, 5:54 PM
    • 349 Posts
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    discat11
    ACAS know what they're doing in my experience.

    The travel to & from work time should have been accounted for by your employer, I find it unbelievable that a 5 hour commute isn't recompensed for -after all,few people unless on an enormous salary would surely commute that much a week?

    Whilst reasonability is relative to the person in some ways, the key point is here is how much 'reasonable' has been accepted as being before this recent change -i.e. it was one day-ish a month.

    Whilst it might be argued a handover needs to incur more visits to the office a 20 fold increase to the norm cannot be considered reasonable.

    The employer is taking the !!!! in this case and they know it.
    • happyandcontented
    • By happyandcontented 27th Jan 18, 12:16 AM
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    happyandcontented
    OP did you get it sorted out?
    • jobbingmusician
    • By jobbingmusician 27th Jan 18, 10:08 AM
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    jobbingmusician
    I do hope the OP takes this to tribunal. The employer seems to have summarily dismissed them without following any recognised disciplinary procedure, and it should be an easy win!
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    • xapprenticex
    • By xapprenticex 27th Jan 18, 10:34 AM
    • 1,460 Posts
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    xapprenticex
    going by the above, it seems obvious.

    they have taken away responsibilities naturally so they can:

    A: Make you do something for the months salary by making you go in
    B: Leave you at home to potentially do other jobs/go interviews/ do nothing.

    This is from their perspective, its a time waste but i can see why they are doing it if you wish to stay your notice when you have very little to do now. Probably nature of handing in notice when */+working from home.


    EDIT: didnt notice a page two..
    Last edited by xapprenticex; 27-01-2018 at 10:37 AM.
    • Lexie M
    • By Lexie M 29th Jan 18, 1:43 PM
    • 14 Posts
    • 10 Thanks
    Lexie M
    Thank you all. I was waiting until they paid me to see how much I would get (only a few days pay) and have now started a case with ACAS. I will let you know how it goes.
    • 74jax
    • By 74jax 31st Jan 18, 12:48 PM
    • 4,694 Posts
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    74jax
    Thanks for coming back and updating.
    Forty and fabulous, well that's what my cards say....
    • Lexie M
    • By Lexie M 9th Mar 18, 2:13 PM
    • 14 Posts
    • 10 Thanks
    Lexie M
    update
    Hi all. Just another quick update: the employers have refused to come to an agreement or even consider it so this is now going to the tribunal.
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