Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Work

Chat with other users about all things related to working life on our Work forum.

Flip

Original poster

Does a WFH contract give any protection?

10 replies

TrashPandas · 08/08/2022 11:38

I've been with the company for longer than two years, if it's relevant.

If I get my contract changed to state that my normal place of work is home, does that actually offer me any protection if the company U-turns and says we have to go back to the office X days a week?

I know I couldn't force them to keep me employing me as a home worker so I don't know if there's any point pursuing a contract change.

OP posts:

abigail225 · 08/08/2022 23:19

TrashPandas · 08/08/2022 11:38

I've been with the company for longer than two years, if it's relevant.

If I get my contract changed to state that my normal place of work is home, does that actually offer me any protection if the company U-turns and says we have to go back to the office X days a week?

I know I couldn't force them to keep me employing me as a home worker so I don't know if there's any point pursuing a contract change.

yes, if you got your contract updated and it specifically said your usual place of work was your home address, there's no way they could order you back without your agreement first

Valhalla17 · 08/08/2022 23:20

Unlikely they would do it though, if that's not the "original" agreement...

Fleur405 · 08/08/2022 23:24

abigail225 · 08/08/2022 23:19

yes, if you got your contract updated and it specifically said your usual place of work was your home address, there's no way they could order you back without your agreement first

Show quote history

Not sure if this is correct. If they decided there was a legitinate business reason for having all workers in the office surely they could just make the homeworkers redundant.

Jalisco · 08/08/2022 23:28

abigail225 · 08/08/2022 23:19

yes, if you got your contract updated and it specifically said your usual place of work was your home address, there's no way they could order you back without your agreement first

Show quote history

Good luck with that. Contractual changes can be enforced. A tribunal can rule that unfair dismissal IF you win one. But business needs is a powerful argument.

OP - why are you wanting them to change the contract? Sometimes it's best to let sleeping dogs lie.

abigail225 · 09/08/2022 01:43

surely they could just make the homeworkers redundant.

Yes they could, but OP asked if they could u-turn and force them back, which they couldn't unless OP consented. They would have to make the wfh force redundant.

But I agree most companies probably would be unprepared to update the contract to disadvantage themselves and advantage the OP.

Jalisco · 09/08/2022 13:57

OP asked if they could u-turn and force them back, which they couldn't unless OP consented

That is not the case. An employer can enforce a contractual change. The employer would have to notify employees of the proposed change and consult. If they decided after that to do it anyway, they offer the employee(s) a new contract with the changes in it. The employee can then either accept the change or refuse it, in which case the employer can serve notice - accept or your contract is terminated on a specified date. The employees options then are to lose their job and claim unfair dismissal, agree, or work under protest (refuse the term but comply, pending legal action at a tribunal). So the employee is basically betting their job on the employer not enforcing a change or that they can win a tribunal.

Original poster

TrashPandas · 09/08/2022 17:24

So, different opinions on whether it would be redundancy or dismissal? I was hoping there would be some kind of process that would give me a cushion of time to find a new job if there was a U-turn.

The background is pretty complicated and I didn't want to bore everyone with it. Basically I've been offered remote positions that I'm confident will stay remote, and my current employer has offered me remote working to keep me. But there are dinosaurs in corporate and I don't trust them not to U-turn in the future. It looks like I'd be silly to stay, as I need a fully remote position for various reasons.

OP posts:

FatAgainItsLettuceTime · 09/08/2022 17:30

They can always change your contract they just have to provide you with time to review and agree to it. If you continue to work after the time period expires you are deemed to have agreed to the change even if you didn't sign

www.gov.uk/your-employment-contract-how-it-can-be-changed/dealing-with-problems

Jalisco · 09/08/2022 18:01

TrashPandas · 09/08/2022 17:24

So, different opinions on whether it would be redundancy or dismissal? I was hoping there would be some kind of process that would give me a cushion of time to find a new job if there was a U-turn.

It wouldn't be redundancy, and without two years employment that would be moot as there no right to redundancy. It might be dismissal, but that's a possible stretch and still needs two years to claim. The only cushion is your notice period.

Original poster

TrashPandas · 09/08/2022 20:03

FatAgainItsLettuceTime Do you know how long employers would typically give for someone to review a contract change and agree or decline? There's no guide on the link so I assume it's up to the employer.

Jalisco I might be using the wrong language. If I didn't agree to the contract change and they said okay, we're giving you notice, I thought that was dismissal. I've been there longer than two years, but yes, irrelevant if it wouldn't be a redundancy situation.

OP posts:

Flip