Can an employer withdraw a wfh contract?

[wearemorethanourboots]

I have been in my job 4 years, and have a contract that specifically states that my home is my place of work (as do a significant number of other people). I have no requirement to go to the office, apart from team meetings and the odd training day. It's a large UK company but we have recently been bought ought by another company who do not support home working, and there have been recent rumblings that home working contracts are likely to be withdrawn this year. I live rurally and not within commutable distance to the main offices (min 3hrs + one way), but arguably within a 'reasonable' commuting distance to a smaller office (albeit none of my team are based there and the financial impact of the travel would still make it impossible for me).

Based on the last few months, I can fully believe that they will withdraw home working if they can, in which case I wouldn't be able to continue to work here. All the advice I can find online seems to relate to people who don't have a home working contract but want to continue wfh. Does anyone know what the legal position would be please (e.g. can they do this, would they have to offer redundancy etc). Thank you!

They can but as you have a contract that states your place of work is your home address they have to consult you, they can't just tell you to go in to the office. If they're adamant that they want you in the office then I think it's a change of contract but they have to give you reasonable notice.

Unlike someone who has an office on their contract. I know this as they recently told us to come back to the office more, and specifically said as we had an office location WFH wasn't actually official.

I'm sure someone will come along with better knowledge than me though.

Given it’s in your contract I would think to change it to that extent they would need to offer redundancy as an alternative. But I’m not an employment lawyer, hopefully one will be along soon.

They can't legally change your contract without your agreement and, as you have well over 2 years service, if they try you'd have a slam dunk case for constructive unfair dismissal - but you'd have to resign to do that.

Hopefully the new company has a decent HR department that will let them know the massive risk of imposing a change on you!

You can get more information and help from ACAS: https://www.acas.org.uk/changing-an-employment-contract/advice-for-employees

ETA missing word!

If you are happy to commute then as part of the consultation process you should ask for a salary uplift to cover increased travel costs.
If not investigate redundancy packages.
If you decide to give it a go and it doesn't work within a certain period then you don't loose redundancy benefits

They can vary any contract with notice and agreement.

If you can't agree and their "business need" is to have someone in the office, they can make your wfh role redundant.

They can make her WFH redundant………

Depending on their business case and exhausting trying to reach agreement with you, they might consider "fire and rehire" to change your T&Cs if you don't willingly agree. They would need a majority of people to agree to make that fair, and they would need to get a move on as the Employment Rights bill is making that unlawful in the future. If you decline to change your employment would terminate (no compensation) but you could claim unfair dismissal. It would be their burden to prove it was fair and reasonable. I think you have a fair reason to refuse too- you have a 'can't' not 'won't' reason, ie 6 hour round trip commute would be unreasonable in most peoples eyes! They would argue the role isn't redundant as work hasn't ceased or diminished (but you might be able to argue it is a work place closure to at least get some compensation if their mind is made up). Maybe there is a compromise that can be reached.

Out of interest is the company trying to offload people by applying some pressure to make them walk out on their own rather than having to make redundancies?!

The 6 hour round trip isn’t the only option:

but arguably within a 'reasonable' commuting distance to a smaller office (albeit none of my team are based there and the financial impact of the travel would still make it impossible for me).

Have you reviewed your contract recently?

There is usually a clause included that states changes can be implemented based on business need. There's always a blanket 'get out' clause in the small print.

If they can demonstrate a clear business need for the change then they can move forward with a new contract, as long as they follow a consultation period and consider other options. If you are still not open to change then redundancy would be the route that they would take based on a relocation of roles.

There are many ways around an employment contract that an employer can use as long as they follow processes.

Thanks everyone, all very helpful! Lots of stuff to bear in mind. Will dig my contract out to see if there is any small print I need to beware of. From what I've seen recently the company seems very happy for people to resign or take redundancy (depending on circs) where they won't or can't comply with office attendance, we have lost a number of good people already, so if it does come to it I think I will be leaving one way or another. Re the commuting distance, we have had scenarios where people are being expected to regularly do a 6 hour round trip (or more) to the main office or relocate if they don't want to take redundancy (even where one of smaller offices is a shorter / more doable commute).