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Principal place of work

6 replies

Sprinkl3 · 09/06/2024 16:50

I've already posted this in the work chat as I didn't realise Mumsnet had a legal topic board! Plus I really need the help!

What does 'principal place of work' mean?

My boss wants to move me to a different site permanently. My contract states -

Your principal place of work will be [current location] but you may be required to work at other sites within [organisation].

This makes sense because we often go to different sites for training.

Surely principal place of work means I have to spend at least 50% of my time there? I have some flexibility but can't travel the extra route 100% of the time. Do you think I have a case that they have to keep me at the current site 50% of the time?

TIA

OP posts:
mynewusername2023 · 09/06/2024 16:56

I'd say from that wording that you'd be at the principal places at least 70% of the time and they talk about occasional travel.

mynewusername2023 · 09/06/2024 16:56

Sorry they don't use the word occasional but I'd still think you'd be at the principal 70% of the time.

Another2Cats · 09/06/2024 17:38

"Surely principal place of work means I have to spend at least 50% of my time there?"

Correct-ish. The "principal place of work" is the location that you spend the most number of days at in a calendar year.

So, lets suppose you work in two different locations. Location A you work at for 183 days in a year and location B you work at for 182 days in a year. In this case your principal place of work is at location A.

In contrast, if you were to work in a number of different locations:

A - 65 days
B - 50 days
C - 50 days
D - 50 days
E - 50 days
F - 50 days
G- 50 days

Then location A would still be counted as your principle place of work even though you worked there for less than 183 days.

However, if you clock in at one location, eg at location A, and then afterwards travel to a different location, eg location B, then location A is still counted as the place that you work from on that day.

"Your principal place of work will be [current location] but you may be required to work at other sites within [organisation]."

What this means is that the location where you report for work for the largest number of days in a year is [current location] but that you may be required to work at other sites and that the number of days working at any other individual site will be less than the total number of days you work at [current site].

Does that make sense?

"My boss wants to move me to a different site permanently."

They cannot force you to do that under your current contract.

Bromptotoo · 09/06/2024 18:40

I suspect that if they need you to move the employer can make your life pretty difficult if you refuse. Suppose they closed the current current site because their lease on the building expired.

Are you in a Union?

If not my start point would be ACAS.

Sprinkl3 · 09/06/2024 20:20

Another2Cats · 09/06/2024 17:38

"Surely principal place of work means I have to spend at least 50% of my time there?"

Correct-ish. The "principal place of work" is the location that you spend the most number of days at in a calendar year.

So, lets suppose you work in two different locations. Location A you work at for 183 days in a year and location B you work at for 182 days in a year. In this case your principal place of work is at location A.

In contrast, if you were to work in a number of different locations:

A - 65 days
B - 50 days
C - 50 days
D - 50 days
E - 50 days
F - 50 days
G- 50 days

Then location A would still be counted as your principle place of work even though you worked there for less than 183 days.

However, if you clock in at one location, eg at location A, and then afterwards travel to a different location, eg location B, then location A is still counted as the place that you work from on that day.

"Your principal place of work will be [current location] but you may be required to work at other sites within [organisation]."

What this means is that the location where you report for work for the largest number of days in a year is [current location] but that you may be required to work at other sites and that the number of days working at any other individual site will be less than the total number of days you work at [current site].

Does that make sense?

"My boss wants to move me to a different site permanently."

They cannot force you to do that under your current contract.

Edited

This post makes me so happy! I know I need to challenge them but so glad I have legal ground to stand on.

OP posts:
Sprinkl3 · 09/06/2024 20:21

Bromptotoo · 09/06/2024 18:40

I suspect that if they need you to move the employer can make your life pretty difficult if you refuse. Suppose they closed the current current site because their lease on the building expired.

Are you in a Union?

If not my start point would be ACAS.

I tried both of those and they were both a bit useless! Just said to lodge a grievance but it's all very personal isn't it?

OP posts:
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