Where is the place of work now the government is not saying it must be from home?
Post Monday 19 July if an employer has not done “something” about the contractual place of work clause in its contracts of employment, each day that goes by is an implied acceptance by the employer that working from home is fine. In this way any contractual office – based place of work clause is being daily eroded to become a working from home clause by custom and practice. This is because working from home is not now as a result of a government edict.
If that is not what the employer wants, the employer can contact employees (by email) to confirm that the current place of work clause in the contract of employment is not changing just because they are still working at home, despite the change in the government position. Employees are still at home due to the increased risk of catching Covid due to the rising case numbers and to keep a safe place of work whilst this vaccination/opening up situation is tried and tested. That may take time. Therefore, working from home is a temporary solution until matters settle into place.
Alternatively, an employer may decide it is not a temporary solution and wants the change to take place, i.e. moving from office to home working. In this case no steps need to be taken.
Or, if the employer is hoping for a hybrid situation for the future it may add into any email the following wording:
“As and when we are in a position to trial/implement hybrid working we shall keep you updated as that still remains our intention as a business.“
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If you require advice on any of the above, want assistance with implementing a particular policy or strategy, or have any questions, please feel free to get in touch. We would be delighted to provide you with a bespoke consultation on your options and a tailored plan to benefit your business.
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Jones Chase is a specialist employment law firm based in the centre of London with an excellent track record of looking after those that we assist.
We fundamentally believe in helping both businesses and people with all their employment law needs.
Feel free to contact us should you require further information or need any assistance. We are always happy to speak to people and point them in the right direction.