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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 45807
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My work place moved location to another city and offered a

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My work place moved location to another city and offered a trial at the new location. I have decided that it's not going to work for me so opted out for redundancy. Initially, I was going to be paid in lieu of my notice but they have since changed their mind and asked I work the notice period from home (it's possible for me to work from home as I already do this occasionally), however, my contract says my work of place is at the old location.


 


Can they do this? I don't want to work notice, specially not from home. Would you please let me know what my options are?


Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Are you happy to work from home?

Customer:

No. I think it's unreasonable and disingenuous as this arrangement was declined during the consultation period pprior to the relocation.

Customer:

Just to clarify, when I said I already work from home occasionally, this is not contractual and only offered to make the transition easier and can be withdrawn at any time.

Ben Jones :

So working from home has just been an occasional thing?

Customer:

2 days a week at home but have to go into the office if there is a meeting or a good reason to do so. It was made clear that this is only to make the transition easier and can be withdrawn at any time.

Ben Jones :

does your contract say you can be placed on garden leave?

Customer:

No

Customer:

States the notice period and the right of the employer to PILON

Customer:

Sorry just read the contract again

Customer:

Employer can require me not carry out any work which I suppose what gardening leave is?

Customer:

or even take up work elsewhere

Ben Jones :

yes gardening leave is basically sending you home and not needing you to do any work but keeping you as an employee and paying you for the duration of the notice period. It means you are still subject to their terms and conditions instead of just being released. But at the same time you can be asked to undertake work from your home even if it is not your normal working location because that would be part of the garden leave terms

Customer:

OK I understand.

Ben Jones :

you may still try and negotiate to be released early

Customer:

Thank you.

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