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Breach of employment contract?

1 reply

Indepent · 23/03/2018 11:54

Hi all,
I have an issue with my employer. I am on two years fixed term contract that is due to end on 31 May this year so just over two months to go. In January last year my boss agreed for me to work from home outside of the UK (the nature of my job allows for this) based on the proposal which states start and end date. This was subject to 3 months trial period starting at the start of the new working arrangement. For some strange reason my boss now demands that I abandon everything here and return to the office for the rest of my term. He refused to be specific in terms of when and how but his reasons for my return are in my view not sufficient. He and my team is hardly in the office, most people work mostly from home and there is nothing that I cannot do from where I am now especially in light of the fact that I am due to finish and contract will not be extended. I have so far complied with all rules attached to this agreement and plan to return for one more week as per agreement to do handover or whatever is needed. Handover in fact can be done via Skype. When I pointed out at the agreement in writing we have he insists on contacting HR for further advice and refused to discuss this with me further. Do I need to be concerned? I cannot claim constructive dismissal as I have not worked two years yet. How shall I approach this problem?

OP posts:
BubblesBuddy · 23/03/2018 14:07

As far as I understand it: you have a contract and contracts cannot be varied unless both parties agree to the variation. They can ask you to work in the office, but that is a variation to the contract and should come after negotiation, and possibly compensation, should you agree to the change. When you changed your working pattern in January 2017, both sides agreed. You need convincing reasons to alter the contract now.

You could negotiate to sever the contract early, but I would try and negotiate for no change. However, they presumably agreed to your proposed change last time, so you might need to think about how you can be flexible now if their request is reasonable. See what HR says.

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