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Role location

Hi All

We have an employee whose contractual office location is Oxford, but who lives a long way from the office.  The nature of her role will require her to be in Oxford 5 days per week during the period from June - end August, and in our off peak months 2 days a week in the office is being stipulated.

She is expected to approach us with a request to change her contract to being a remote worker, which we are likely to refuse, on the basis of it being very clear in terms of expectations across our peak period, but also that there is a lot of flexibility for the rest of the year and the fact that the rest of the team are on contracts which stipulate a contractual office location.

I am interested to understand whether if she cannot commit to 5 days a week in Oxford next year, whether we can start a conversation around her handing in her resignation, or whether that's actually quite a tricky position to put ourselves in (eg. if she resigns and then puts in a constructive dismissal claim).

Thanks in advance,

Laura 

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  • Yes she should resign, but I personally would not ask for that but simply make it very clear what your expectations are. Your challenge is her leaving just before June 2023

    Has she moved? Or was her location known when hiring?

  • In reply to Keith:

    Thanks. She moved during the pandemic.
  • In reply to Laura:

    And shes likely to leave ....but the question is when. Is she has less than two years service you could make her decision for her
  • Nothwithstanding Keith's very salient points, I just wanted to pull this one up:

    on the basis of it being very clear in terms of expectations across our peak period

    Fair reasons to refused a flexible working request are:

    - planned structural changes
    - the burden of additional costs
    - quality or standards will suffer
    - inability to recruit additional staff
    - performance will suffer
    - inability to reorganise work among existing staff
    - struggle to meet customer demand
    - lack of work during the periods proposed to work

    Unless your expectations are directly related to one of these reasons, their clarity or otherwise is entirely irrelevant.
  • In reply to Robey:

    Thanks both. She has longer than 2 years service and good point around clarity - there are a couple of reasons which the refusal for the request will fall into.