Work from Home contract

[CliveY]

I need some advice please.

I have a Work from Home (WFH) contract with my current employer since March 2022. Since starting with them I have had a change of management and growth of my department and was subsequently asked to come into the office 2 days a week (approx. 12 months ago) to help with team building and department development. I have abided where possible but there have been numerous occasions were getting to office for the designated start time have been difficult and as a whole my performance could have been better.

As a result of some indifferent performance, time keeping and poor communication I have been placed of an improvement plan (micro-management), which at times I'm still struggling to meet. The latest instance has been not informing them in adequate enough time that I was planning to go into the office on 1 of the required days (recently moved house and white goods delivery was rescheduled). This was sighted in my weekly review and is going to result in me failing to meet the targets for the week of my improvement plan. The thing that is seriously frustrating me is that I'm meeting my technical requirements and demands but failing to meet what I consider work life balance issues, which I would have better chance of meeting if I didn't have to commute for 2-3 hours for 2 days a week. The whole attraction of the role being WFH contract was significant for me as it gave me the flexibility, I wanted with a child needing major surgery and a wife with mental health issues.

What I'd like advice on is am I within my rights to state that I want to WFH as my contract states and only attend site for business-critical meetings/training as my contract states?

Regards,
C

[ULA]

Sorry i have some questions first before being able to provide any advice:

1. You state that you have a WFH contract, was that the contract you were employed on?
2. If not what was the reason for that change?
3. If it was a change were there any stipulations placed on that change eg. review periods depending on needs of the business?
3. Does the current contract have a clause along the lines of the company being able to make changes to the terms and conditions, given reasonable notice?
4. Have you raised this with your manager / HR?
5.If so what was the outcome.

Many thanks.

[CliveY]

Sorry i have some questions first before being able to provide any advice:

1. You state that you have a WFH contract, was that the contract you were employed on?
Yes

Extract from Contract
6 Place of work and travel

6.1 You will be based from home allowing you to travel regularly to suppliers, customer, contractors etc that your employment duties will require.

6.2 When not travelling to customers in accordance to clause 6.1, then the Company may require you to be present in the Chepstow head office for internal related meetings and interactions with staff.

2. If not what was the reason for that change?
Contract WFH from the start.

3. If it was a change were there any stipulations placed on that change eg. review periods depending on needs of the business?
Change was to go into office 2 days a week, with no review period or stipulation.

3. Does the current contract have a clause along the lines of the company being able to make changes to the terms and conditions, given reasonable notice?
Not that I can see.

4. Have you raised this with your manager / HR?
Not yet, but plan too based on feedback.

5.If so what was the outcome.

Many thanks.

Please find my comments included.

[ULA]

If Chepstow is the office you are being asked to attend, then the company will try to argue this is covered under clause 6.2. This is on the basis that when you are not going to customers etc the company may require you to attend the Chepstow office.

For me this is not a pure working from home contract. Your base is home as clearly there is expected to be a high degree of travel to suppliers, customer, contractors etc that your employment duties require. However, there is also the expectation that when not undertaking this travel or for internal related meetings and interactions with staff, then you need to be attending the office.

What you need to establish is whether the amount of time you are being required to attend the office is impacting on the requirements of your role to attend to meetings with suppliers, customer, contractors etc. If so, then there needs to be a discussion about the frequency you are being asked to attend the office.