Can they change my place of work?

[321Bed]

Question for any employment or contract solicitors please...

My employer wants to close the office that I am based in and transfer me to a home working contract. Can they do that without my agreement?

My current contract states:

"Your normal place of work is (states office location) or such other place which the Board may reasonably require for the proper performance and exercise of your duties which is in reasonable commuting distance of the Company's current office."

When I signed that contract I assumed that meant that they had to provide an office, but that they could change the location. Now I'm concerned that they don't have to provide an office at all and could switch me to home working.

Any advice please?

Is there something that would make home working difficult or impossible?

Nothing that would completely prohibit it, but I find that I am much much productive in the office. My role involves a lot of collaboration, and I feel I do a better job there. I also like to have separation between my work and home lives.

If I can't work in an office with colleagues then I would prefer to get a different job elsewhere, but I'd like to know whether I would need to resign or if they would need to make me redundant, on the basis that I wouldn't agree to the change in my contract.

I don't think this question can be answered for certain because I doubt a court has ever been asked and therefore there is no precedent. Technically you are being asked to work somewhere commutable so it doesn't appear to be a breach of contract but then again are you commutable to the company's closest office if they close the one you are in?

Are they actually proposing to change your contract or simply insist on you working from home? Based on the clause you have posted, it looks like they can do the latter without changing your contract and therefore without needing your consent. However, if they want to change that clause so that your home is your normal place of work, they would need your consent.

It would be unlikely that you would be made redundant if you do not agree to the changes.

Generally the employer will consult with you in order to reach an amicable agreement.

If an agreement can't be made then the employer can impose the change. You then have the option to resign, to accept or to continue to work while making it clear you are taking legal action because you reject the change.

ACAS have lots of info on this www.acas.org.uk/changing-an-employment-contract/advice-for-employees/if-your-employer-introduces-a-contract-change-without-your-agreement

I think they've covered themselves contractually. They have the right to impose it, IMO.

Like others, I think they can do it based on what you say.

I asked about why you didn't want to WFH in case it disclosed anything related to disability or any other protected characteristic.

But, if they have a sound business rationale for the change, legal action is unlikely to succeed. You can’t force an employer to maintain an uneconomic workplace.