My employer is trying to make me go to Kazakhstan during my notice period.

[LewisEL1997]

Last week I handed in my letter of resignation to my employer for the 1 months notice as per my contract, and was subsequently placed on garden leave. When placing me on garden leave, my employer (who is a bully), said that he may call me in when he wants during my notice to do some work for the company. He then said "You will do everything that I ask you to do", and "I like to have fun with it". Today, he has told me that I am to go on a field survey to Kazakhstan, with just myself and him next week, for either 1 or 2 weeks. I absolutely do not want to do this as he is a horrible person I would not feel comfortable spending a week in Kazakhstan with him. There are also other people in the company that he could take, but is is trying to take me despite the fact that I am leaving the company. He has threatened me with legal action if I do not partake in this trip. At this point I do not know if he is bluffing to try and get me to quit, as I have not seen any official documents to prove that this trip is actually going ahead. Please can someone give me some advise on how I could legally get out of this? Thanks.

[atticus]

What legal action has this employer threatened?

What does your contract say about your place of work?

[LewisEL1997]

What legal action has this employer threatened?

What does your contract say about your place of work?

In terms of legal action, he threatened that I would have to cover the costs of the fights (which I have not agreed to yet), and the costs to get someone to cover me.

In my contract, under place of work it says "You will normally be required to work at and from Company Address. There are occasions when you will be required to work on client sites and it is a condition of your employment you do so when required. You will not be required to work outside the United Kingdom for a period or periods not exceeding one month."

That last sentence is potentially a typo in the contract that I have just discovered. This trip to Kazakhstan would be 1-2 weeks so it does not exceed one month. As per the contract does this mean that I am not required to work on this trip?

[atticus]

As you rightly say, 1-2 weeks does not exceed one month. I suggest that you read the clause as saying "You may be required to work outside the United Kingdom for a period or periods not exceeding one month". Do you have any reason to think it might have been intended to say "You will not be required to work outside the United Kingdom for a period or periods of less than one month"? I suppose you can try that argument with the employer.

Has your employer paid for the flights yet? What would the additional cost be of taking a colleague instead of you? This sounds like a bully's bluster.

[LewisEL1997]

As you rightly say, 1-2 weeks does not exceed one month. I suggest that you read the clause as saying "You may be required to work outside the United Kingdom for a period or periods not exceeding one month". Do you have any reason to think it might have been intended to say "You will not be required to work outside the United Kingdom for a period or periods of less than one month"? I suppose you can try that argument with the employer.

Has your employer paid for the flights yet? What would the additional cost be of taking a colleague instead of you? This sounds like a bully's bluster.

I am slightly confused by the wording for this clause. It says I will NOT be required for a period NOT exceeding one month. To me this sounds that I am not required to work this trip. Is this correct in contractual terms?
I have been with this company for 2 years and I have not traveled outside of the UK with them before this.

I do not think the flights are booked yet. I have not given confirmation either, I was told this today and responded that I will think about it and get back to them. There are other colleagues that could go with no extra cost. I have also got approved annual leave on 2nd-3rd May, which falls within the second week of this proposed trip.

[des8]

IMo that clause can only be read as Lewisel1997 understands it.
Even if it could be read the other way would not the principle of contra proferentem apply?

[atticus]

As I said, Lewis can raise that argument with the employer. It has an additional advantage of not requiring any words to be changed.

[LewisEL1997]

I have also received a letter from my employer after I handed in my notice, that confirms acceptance of my resignation and states my placement onto garden leave. Within this letter it states "during the period of 'garden leave' you are not required to carry out any work for the organisation and must not contact any customers, suppliers or other clients of the organisation whilst on garden leave". So surely this means that I am not required to work on this trip in Kazakhstan?

[atticus]

That applies while on garden leave. But it is usual for garden leave clauses to say that you can be recalled to work. Don't forget that your employer is still paying you and has a degree of control over how you spend your time (in working hours).

[LewisEL1997]

Yeah I understand that and will make myself available for reasonable things. However, requesting that I complete a field survey with a client on a live project, completely contradicts the reasons for putting me onto garden leave. I believe that he is just abusing his power and trying to get me to quit so that he doesn't have to pay my notice. Before giving me garden leave, he did ask me if I would take my notice unpaid.