Back to the office or dismissal

[2023cupcake]

I’ve worked with this company for 15 years and as was working remotely since the pandemic, I relocated to the other side of the country. This was brought up informally, contracts weren’t changed, but management were aware. Talks have been had since Jan with the wider staff and people have started to return to the office. I was advised I wouldn’t be asked due to my location.

My parent died last year, going through a divorce and waiting for a mental health referral, my performance has slacked. Nothing extreme but not on par with my colleagues. Quality of work is still there. Management have been aware of my issues and I believed were being supportive. I have had no other problems for the last 15 years.

My performance has been mentioned in passing. Nothing in writing or formal, just an informal chat and been offered tips and tricks to improve.

I requested some support about 20 days ago to improve my work and was advised it would get sorted. Nothing happened. Asked again a few days ago and then also yesterday.

Today I have been informed I need to return back to the office despite a 300 mile commute. Or look for other employment. Due to my performance.

I explained my refusal to do so is because I live too far so have been informed there will be a meeting held with HR.

How do I go about this?

Yikes. You know you're going to get a million comments saying you shouldn't have moved 300 miles from your job without a formal agreement with them that this was ok, don't you? Brace yourself.

Get advice from Acas, make sure your employer follows their disciplinary process properly and see whether your mental health issues qualify you for reasonable adjustments.

I’m aware lol. The move has been done so I can’t change that unfortunately. I also accept my work has slacked and I’m not denying it either. Just want to know how I can present myself in this meeting really because I do want to keep my job ofcourse and want to be good at it.

thanks, will give them a call and see what they say.

I think it’s absolutely reasonable to require someone who needs support with their performance to be in the office! It’s going to be much more difficult to support you to get your performance back on track otherwise.

In all honesty I’d resign and look for a new job because this is only going to go one way.

I hate to be that person, but if you aren't performing then they need to try and help as best they can within their own resources...maybe this means they do need you onsite until you are performing to the right standard or an acceptable standard I don't think that's unreasonable. If you had the agreement for you to be permanently remote in writing then you'd have a leg to stand on but it doesn't seem like you do.

Though they are being very harsh if this is unusual, temporary circumstances after 15 years

I think realistically work have a very good argument that the work from home set up isn’t working for you. You haven’t got a contract which states work from home and nothing has been agreed.

it sounds like your energy may be best used finding new work where you live now.

You want support, it's very reasonable for them to want to provide that in person. I'd actually say (given you've asked for help, haven't been performing, and have mentioned mental health issues) that they would be neglectful not to want see you face to face. Your choice to move away isn't your employer's fault.

This.

This doesn't look good (saying this as a trade union official - this is my bread and butter). It sounds like you haven't had the contractual changes necessary to officially allow home-working. Can you make a formal flexible working request?

Possible leverage = your mental health. Could working from home be considered a reasonable adjustment? I would explore this. Look up the definitions of disability under the Equality Act and see if it is likely to fit.

You say you’ve done a referral for mental health reasons - given the length of the waiting lists for some stuff I’d def recommend going privately. I think the more things you’re able to say “I’ve already put this support in place” will help you right now.
id be willing also to negotiate part of the week in the office and part at home for a short amount of time.

Just to give another perspective, I have been on the opposite end of the problem recently.

Staff having issues using a system at work that I manage. I asked management for one to one time, face to face, and it was agreed. Then their line manager decided that she wanted to do the sessions instead.

Except she's equally bad at using the system. Blind leading the blind. I can't fix the issues without seeing in person how they are experiencing them! I can't offer coaching without a chance to deal with each individual's issues.

It would make my job immeasurably easier to work with people F2F.

Is there any way you could manage a short period near the office to focus on improving your work?

I think you should look for a job closer to home. They are trying to manage you out as they know it's not going to be feasible for you to travel 300 miles. You don't have the paperwork to back up WFH. If you are struggling with your performance it's better you work in the office as you can't you will have to look for another job.

Present it how you have here.

Your MH has suffered due to personal reasons and you are aware it's affected your performance and you asked for help.

Ask why no response was given to those requests. Ask what support they are offering.

If they say x y and z but it's face to face on office then you have your answer about resigning.

If they don't have any solutions then ask them why.

Without knowing company and your actual record it's hard to know how much and why your work has suffered and the impact on your employer.

Unfortunately they want you out it’s only going to go one way you either comply or you will be sacked. There is no honour in the workforce only profit and productivity. That’s why I’m self employed now.

They will need to follow a proper process. Performance management followed by, or accompanied by, a disciplinary process.

If you are determined to remain at home, which you will be due to distance, then you need to accept that this process will be followed and very likely you will end up being dismissed at the end of it.

It is likely that this process will take at least several weeks, probably some months.

It won't be very nice. But it gives you some time to look for another job.

There are lots of other employers who are fully remote, or at least more flexible. I advise getting your CV up to speed are start looking now.

Can you move back?

If not close enough for 5 days in the office how about close enough for 3?

Could you agree to go in two days a week and stay over the night in between?

You are going to have to go back to get the support, you may be able to negotiate a bit if you have always done a good job and been well thought of.

If going back is completely unthinkable I would start looking for alternative employment and leave before you get to the stage of formal disciplinary action.

You might be able to negotiate a compromise agreement with an agreed reference and PILON if things aren't going to be able to be sorted.

I think it’s helpful that you have the self awareness that you’re showing here.

I’d approach it as:

• I’ve been with this company 15 years, 14 years of which my work has been of a high standard.
• I am very able to work from home to a high standard, as you saw during the pandemic.
• However in the last year, we would both agree that due to personal and one off circumstances my output has suffered.
• I have now put in place a plan to manage these circumstances (eg therapy and support) and 20 days ago I requested support to take my work back to its usual high level. This has so far not been forthcoming.
• I am very prepared to come to the office for meetings and 1:1 training/ support until we are both comfortable that I am performing as needed, but my strong preference for the long term is a remote contract.

I’ve started looking :(

It sounds like you need to go back to the office. It’s completely reasonable of them to want to to see you if your performance has gone down. I would work out how you can attend the office and for how much time, could you do two days per week or three days per fortnight for example. Then present that to them as an idea and hope they go for it. But you don’t have much to stand on if you don’t have a remote contract and performance issues so you are likely going to need to compromise.

They don’t want you. You will be managed out and it’s not surprising really.

I dont really see why supporting you cannot be done via zoom or similar. I've seen it done many times. I really don't understand why there is such a push to get people back to wasting time, energy and money on a commute that will probably also be bad for the environment. I think you need to ask HR for a meeting and have a representative there with you.

It's a tricky one this as obviously you understand and acknowledge the issues surrounding your work performance.

Your move, which they were aware of, complicates matters as the ability to monitor you and bring you back up to speed is more difficult as obviously you can't just go back to being in the office 5 days a week.

Also, without having updated your contract about WFH, this might also complicate things.

Definitely speak with ACAS, but before you do, make sure you have the following to hand:

• a copy of your employment contract
• your employee handbook
• any correspondence you have in writing about your working from home and relocation

ACAS can then check to ensure that your employer is following their own procedures in terms of disciplinary/capability processes, but can also advise you on the basis of your relocation, etc.

On balance, I feel like your employer is being unfair, but in the meantime, definitely start looking for something closer to home.

This is complicated so I do think you need legal advice . They must offer you support now they are aware of problems and yes they should have re-issued your contract when they agreed you could move . If they want you to go after 15 years good service they might have to pay you off as it sounds they have been at fault as well as you . Get your contract out and read the disciplinary section in great detail .

Isn't there something buried in employment law about implied agreements? If someone has worked a certain pattern or from a certain place for so long the employers need to offer X amount of notice for any changes otherwise it's seen as constructive dismissal?
I vaguely remember reading about this but may have it wrong

Do you have any written confirmation that you could work remotely from before you moved?

@YaWeeFurryBastard

''I think it’s absolutely reasonable to require someone who needs support with their performance to be in the office! It’s going to be much more difficult to support you to get your performance back on track otherwise.''

Really?

As a manager I think that's a lot of nonsense...

They are fully aware that the OP has moved to a completely different part of the country and can't possibly commute. Putting that extra pressure on her is certainly not going to help her performance as it will just make her mental health issues even worse.

Previously there were no issue with her performance noted when she was already working from home. So the home-working factor is irrelevant.

OP I would email HR and state that you are experiencing mental health issues and that this is what has affected your performance. State that you are requesting remote working to continue as a reasonable adjustment to help you manage your mental health issues. Mention that the matter is serious enough for you to have been referred by your GP for further mental health evaluation/support.

Mental health comes under protected characteristics if it affects your ability to do certain tasks every day long term and it comes under disability discrimination law.

It would be very silly for an employer to suggest they will sack an employee with a 15 year impeccable work record who has clearly disclose they are struggling with mental health issues, which can be backed up by healthcare professionals. and asking for reasonable adjustments because you would have a good case to take them to an employment tribunal.

As a manager I would be very, very careful if an employee disclosed a mental health issues/disability and requested reasonable adjustments not to treat them unfairly.

And certainly do not resign.

If they want you out they will have to make you an offer. Speak to ACAS and seek legal advice.

I really despair, reading the comments on here, that people are still so ignorant of mental health issues and people's rights in the workplace...