Notice and changes to working location

My friend is a remote worker who goes to the office 90 miles away as and when required approximately 2-3 times a month.

They have just handed in their notice and the MD is requiring them to go to the office for the next 3 weeks 8:45 to 17:00.

This entails leaving home at 6:30am and returning home about 7:00pm with 900 miles driving a week and effectively a 65 hour week....

How should they proceed without things turning ugly. The MD is volatile on best days!

Should they just grin and bare it for 3 weeks? These terms are obviously malicious and I think this person is hoping the person is just going to walk away!

Parents
  • I'd just say "lol, nope". But I recognize that not everyone enjoys baiting sociopaths as much as I do.

    Keith, Peter et al have much more mature and sensible answers. But it is worth noting that "lol, nope" is a reasonable response to an unreasonable demand. I imagine, if one permits the possibility of logical thinking behind the MD's expectation, that one could just about see that the employer is seeking to bait your friend into a resignation with immediate effect to save themselves the cost of notice. But the more likely answer is that they don't expect "work of value" from the last three weeks of a remote worker's employment if they can't stand over them with a cudgel (which, of course, historically produces the best outcomes /s).

    If your friend were to take the "lol, nope" stance but from a slightly more constructive position, it may persuade the MD to back off. So an email outlining the pieces of work that your friend will complete before their final day's employment, perhaps with a single day in the office for a handover and to drop off work equipment at the end of it, but with a firm assertion that they will *not* be attending the office as instructed, might be sufficient. However, it may need to be followed up with the assertion that, if this provision is unacceptable, your friend's resignation with immediate effect will follow (the implication being "and then none of the things I listed above will get done and it'll be your problem").
  • They suggested 2 days a week to the MD and suggested the request was unreasonable. The response was as expected unpleasant! included were the phrases " I have told you to come in", "You will carry out my instructions", "you will do as I ask", "failure to carry out what I have asked and I will take a legal action" ending with the option to request to be released early without pay. So clearly this was the malicious intention from the start. I think they will be returning their equipment on Monday as demanded and not returning! I am sure the new company will be pleased they can start early.
  • The response was as expected unpleasant! included were the phrases " I have told you to come in", "You will carry out my instructions", "you will do as I ask", "failure to carry out what I have asked and I will take a legal action" ending with the option to request to be released early without pay.


    Oh, I hope that was in writing. Because "offering" someone the "option" to be released early without pay? That's open and shut constructive unfair dismissal. If he wanted to argue a refusal to follow a reasonable management instruction, he'd have to follow a fair process, which would show that your friend is a contracted remote worker and that, with no operational justification, there's nothing "reasonable" about the instruction to attend work. Also, of course, that a process that would take time. About... three weeks, I would guess! :D

    Again, my sociopath-baiting self would laugh and tell him to get bent. The idea of suing your own employee for refusing to come to work (when you're a contractual remote worker) is just hilarious enough that I'd like to see him try.

    But practically speaking, I think in most cases the best option is to just walk and shake the dust of their feet .
  • I'd have to dig my heels in there. I can't stand bullies, so I would be reiterating that as a contractual remote worker, I do not agree with the attempt to unilaterally change my contractual working place an will not be complying with his unreasonable request. I would be very clear that I consider his approach to be bullying in nature and the suggestion that I request to be released early without pay, to be an attempt to constructively dismiss me. I would end by withdrawing my offer of a reasonable compromise of attending the office 2 days a week and will attend on x date to hand over and y date to hand in equipment. I would say that i note their threat of legal action if i do not comply with their unreasonable instruction and once i receive their further advices on this, I will forward it to my own legal advisers.

    I just couldn't let them get away with it, but I can be very stubborn!
Reply
  • I'd have to dig my heels in there. I can't stand bullies, so I would be reiterating that as a contractual remote worker, I do not agree with the attempt to unilaterally change my contractual working place an will not be complying with his unreasonable request. I would be very clear that I consider his approach to be bullying in nature and the suggestion that I request to be released early without pay, to be an attempt to constructively dismiss me. I would end by withdrawing my offer of a reasonable compromise of attending the office 2 days a week and will attend on x date to hand over and y date to hand in equipment. I would say that i note their threat of legal action if i do not comply with their unreasonable instruction and once i receive their further advices on this, I will forward it to my own legal advisers.

    I just couldn't let them get away with it, but I can be very stubborn!
Children
No Data