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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47880
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ive been offered a new permanent full time employment contract.

Resolved Question:

I've been offered a new permanent full time employment contract. The position involves almost exclusively travelling to and working at various customer sites. The location clause in the contracts reads as follows:

Your normal place of work will be primarily various client sites in
Belfast city. However you will be requested to work or attend at other
locations including Dublin. Due to the project nature of our business,
you can expect that your place of work will change from time to time. In
such event no additional remuneration will arise, unless specified by
the Company. You may also be required to work overseas temporarily.

I would prefer that the clause specified my home address instead of the vague description above. Have any legal recourse to force a change in the location clause in favour of my preference?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Why do you want your home address as your office location when you are obviously not working from home?
Customer: replied 3 years ago.

Hi Ben, A good question! Just to clarify:



  • I'm located in Derry/Londonderry. Approximately 75 miles from Belfast and approximately 150 miles from Dublin.

  • Granted, 20% of the work will involve visiting customer locations usually in the Belfast area however the remaining 80% of the work will involve accessing the customer's sites remotely from my home address over the Internet.

  • The current clause would mean that I would be travelling to customer locations at my own expense - no company car or car allowance is being offered.

Expert:  Ben Jones replied 3 years ago.
Hi sorry I was in meetings for the last hour. You do not have the legal right to demand a change in the definition of your usual workplace location. As an employee starting a new job your bargaining power would be weak in this respect. There is nothing stopping you from asking the employer to change it but you certainly cannot force them to.

Instead, there is a potential argument down the line where you could argue that your home has become your implied contractually binding workplace, through custom and practice. This applies where something has been consistently applied, even if it does not directly match what is in your contract. In your case, your contract could state you have various locations but in practice you are primarily working from home, then you could eventually claim that this is what is your contracted workplace due to custom and practice. However, that really happens only after some time of consistent application of something, so not after months, but rather it would be years.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you and feel free to bookmark my profile for future help:


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Customer: replied 3 years ago.

Hi Ben,


 


OK, You've clarified my position. Many thanks for your answer :)


 


Regards,


Rory