WFH during notice period

[Arguingwithboss]

Hi employment lawyers I am a regular MNer but have name-changed for this thread.

I have just handed in my notice at work because the job isn't working for me - mainly because of the expensive and unreliable commute and having to be in the office and having family commitments I need to attend to around work. I explained the situation to my boss, but he said that despite the fact that I do an excellent job he won't let me work from home more than I do because he wants to build a team ethos and he can't do that if I am at home. So I resigned.

My questions is: it's a small team and when I am on leave we buy in cover from a freelancer. My notice period expires in January and she will probably cover my work until a replacement is found for me. She has an expensive day rate.

I have asked my boss if I can work more or less entirely from home during my notice period other than when I have meetings. He is probably going to say no but if I simply said I'm doing it anyway he has two choices - he sucks it up or sacks me.

So if he were to sack me, can he argue gross misconduct and refuse to pay the remainder of my notice period? Given that the lady who covers me works 100% from home and never goes into the office at all? Is employment status the deciding factor here? Even if he didn't pay me it would be more expensive to pay my cover (assuming that she is even available) so practically I think it's in his interests to accept my request but I'm wondering what the legal situation is.

I'm not concerned about references as I have other people I can call on. I guess my main concern is not getting paid for the rest of my notice period though it's not an absolute disaster if I don't, I have savings to cover me for a few months.

I am a member of a union so will ask them but just wondered what the MN hive mind thinks.

Morning. I have no HR knowledge however from a layman’s point you don’t sound very reasonable at all. Surely you knew the commute when you took the job?

Would it not be better to ask if you can WFH more during your notice period but not entirely. If you are willing to compromise perhaps they will too.

Yes I did know the commute when I took the job but it was my biggest reservation at the time. In any event since I took my job both my mother and my mum in law have been in hospital. As far as the commute goes, you may have heard about the massive problems on SWR on Monday, that was the last straw.

Anyway I have resigned so whether or not I am unreasonable to ask for more WFH is not relevant and not what I was asking, to be fair.

I understand that. I just think that if you show willing to compromise, for example if they come back and say no, you could try to negotiate i.e. 3 days wfh/2 in the office, then they may be more amenable.

I hope you get the HR/legal advice you need. I know how stressful work issues are.

Well it would be gross misconduct. They are saying you have to be in the office. If you're not then you're effectively refusing to work.

What anyone else does is irrelevant.

I think they would be well within their rights to refuse to pay you.

"He is probably going to say no but if I simply said I'm doing it anyway he has two choices - he sucks it up or sacks me."

He has a third choice, which is the one I'd go for, which is if you don't turn up to work, you don't get paid. He doesn't have to sack you or justify gross misconduct if you don't show up for work.

As above, if your job is office based and you don't turn up at the office then you're not at work.

You can't just make these things up as you go along! And you'll get far more understanding from your boss if you try to find a compromise rather than dictating what you're going to do.

YABU. You are not complying with your contract.

Have you any holiday leave left that maybe you could agree to finish up but use your leave to work out your notice?

It really is not your employers fault that SWR are crap.

How long is your notice period?
I'd agree with you to terminate your contract immediately if you asked me this.
Id suggest you are very self assured to do so