Implied Terms

[TheBoost]

Afternoon,

I've been having some issues with my new line manager. He's been with the company for about 18 months and I have been here for almost 10 years.

For the last 4 years I've been working at home for at least 50% (and up to about 85%) of the time. My contract has never been changed to reflect this and the terms state that I should be in the office during working hours.

We've clashed a few times and he's now demanding that I return to the office full-time. This is a problem as it I live with my family in another country.

Do the implied working conditions/location over-ride the contract? Do I just have to suck it up or leave the company?

It feels very much like being asked to choose between seeing my family and supporting my family.

[sean5302]

Re: Implied Terms

How did the situation change 4 years ago?
Previously you had been working in the office, I presume. How did things change so that you were then allowed to work from home?

[TheBoost]

Re: Implied Terms

How did the situation change 4 years ago?
Previously you had been working in the office, I presume. How did things change so that you were then allowed to work from home?

I was in a long distance relationship and we decided that one of us should make the move. I approached my boss with the idea of me moving and working remotely and he was fine with it. Started as 7 weeks at home then one in the office and has gradually become more frequent. Currently it's one week in the office, one at home.

When it was originally decided I could go we worked out the details and I agreed to pay the travel expenses. These have obviously now shot up as I'm getting 4/5 flights a month etc. I'm still expected to pay for all travel costs.

Basically there's no way that I'm prepared to give up my family life to return full-time to the office and even if I was I can't really afford to fly in and out every week.

[sean5302]

Re: Implied Terms

Is there something documented, on paper?
If your terms and conditions state that you should be in the office it could be difficult to retain your current arrangements.
I'd suggest that you contact your employer directly about this, saying that you may well have to leave if they won't accommodate your wishes.
It all depends on whether they want to keep you.

[TheBoost]

Re: Implied Terms

Nothing on paper unfortunately.

I think this is going to be a battle of wills and subterfuge.

[sean5302]

Re: Implied Terms

Why?
If you contact them and put your cards on the table, they should let you know precisely where you stand.