Notice and changes to working location

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!

Hi Lyndsey.. Does your friend have a written agreement in place that reflects the hybrid working arrangement.. The written arrangement could be in a contract, an addendum or an email with a date that is the same or later than the contract is dated?. If not, it might well be in her favour to review the end date of her notice citing unreasonable behaviour for change.

Some good advice from others as usual. If it were me and I wasn't feeling feisty, and I had my reference already, I'd go off sick for the remainder of the notice period. Seen plenty of folk do it over the years. However, if I were up for standing my ground I'd cite their unreasonable request, check my contractual position, I'd go in maybe twice during this period to do a handover and return equipment.

I agree with the suggestion that she seeks an earlier start with her new employer. Given the stress this is putting her under she could of course be signed off with work-related stress for the remainder of her notice period (not that an HR professional would condone that, of course!) but she wouldn't be the first to do so!