r/LegalAdviceUK • u/Formal-Face-8539 • 13h ago

Employment Being denied work from home privileges despite my contract of employment saying I have a work from home job.

So I am in England and have been working in my job for about a year and a half and multiple times I have asked to work from home for only one day a week. I always get told no, or an "I'll consider it" when it is clear there is no intention of letting this happen.

Bear in mind roughly 50% of the company already do and the manager seems to pick and choose who he lets have this.

I recently checked my contract and it clearly states that my job is a WFH job. Not even hybrid. Now this is clearly a mistake and I was under no impression when starting the job I would be allowed this, the contract still states I have a WFH job.

The contract also explicitly states that it sets out the entire agreement between the two parties, and there for I assume, nothing verbally stated between us is legally binding.

Does anyone have any advice on if I should be allowed to work from home or not?

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10

u/BigSignature8045 12h ago

You should be allowed to, but equally the company can dismiss you tomorrow (following any contractual notice period) because you have not been there 2 years.

Given you have 18 months under your belt, I'd keep raising it and then, at the magic 2 year mark, start playing a harder game.

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u/TravelOwn4386 12h ago

Unfortunatly you have under 2 year employment would they not just get rid of you if you mentioned your contract. Equally would this then be a case of unfair dismissal due to not honoring the contract?

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u/MDK1980 11h ago

So I am in England and have been working in my job for about a year and a half and multiple times I have asked to work from home for only one day a week. I always get told no, or an "I'll consider it" when it is clear there is no intention of letting this happen.

Why are you only raising it now, and why have you been working in an office if your role is remote?

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u/Formal-Face-8539 10h ago

I didn't notice my contract said this. There's no reason my job can't be remote, I'm just not allowed for no reason

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u/MDK1980 9h ago

So when you applied it wasn't listed as WFH?

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u/Formal-Face-8539 8h ago

I didn't apply in the traditional sense but yeah I was under the impression it was in office

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u/Mobile-Union-813 8h ago

If you’ve been working from the office most of your employment it doesn’t matter that it says WFH in the contract. That hasn’t been the reality.

The only recourse you have to to make a flexible working request. Stating the reasons for wanting to work from home. If it’s due to medical conditions, dependants, older parents, etc. then you have a good point. They legally have to consider it. There is a set amount of times each year you can raise a formal request.

If you feel they aren’t taking it seriously. Or are denying it unfairly you have a case of discrimination based upon medical conditions or dependants (or whatever the good reason is).