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Forced to work in office during notice period

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[#12787494]

Hi,

Upon handing my notice in I have been told I must return to the office full time and that this is non-negotiable. The current company policy is for hybrid working with a minimum of 3 days a week in the office. My contract simple states my place of work as the office. To me this seems unreasonable.

Any thoughts or does anyone work in HR?


 
Posted : 12/04/2023 6:00 pm
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What’s the worst they can do if you say no?


 
Posted : 12/04/2023 6:02 pm
tomhoward and ebennett reacted
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how much fuss do you want to make?  I might just continue with hybrid working of 3 days in and two days at home.  Hard to see what they can do so long as you are doing the work on your two days WFH.


 
Posted : 12/04/2023 6:06 pm
funkmasterp reacted
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Tell them to jog on and I’d leave sooner !!


 
Posted : 12/04/2023 6:07 pm
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How long a notice period are we talking about, how much of a commute are we talking about? I.e. how much of an actual ballache are we talking about over and above not liking being told what to do and limiting sofa surfing in your last days?


 
Posted : 12/04/2023 6:09 pm
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What’s the worst they can do if you say no?

Breach of contract and loss of notice pay (which is what the employer may want, knowing that the leaver will be doing next to F all until their leaving date and they would rather save a few thousand £££s).

But realistically, if the current policy of hybrid working has been in place for a while (whether written into existing T&Cs or not), it can be termed as an implied variation and the employer *may* be in breach of the variation. Hard to prove unless the OP wants a protracted battle. If I was the OP I'd go into the office and just do the bare minimum.

Also OP - has the employer done the same for other leavers or is this a new one? If they haven't done it before for other leaving hybrid workers then you could claim you have been treated unfairly.


 
Posted : 12/04/2023 6:09 pm
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I think whether it's reasonable or not probably depends on your industry and role and the circumstances in which you are leaving.

I can think of combinations of circumstances in my industry where I would consider it appropriate to protect data, manage certain risks, make someone more available for handovers, manage productivity and workload etc.

Equally I wouldn't personally consider it a default position either.


 
Posted : 12/04/2023 6:11 pm
convert reacted
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As above depends how much of an issue it is to be in the office and how long the notice period is. Most hr and disciplinary processes to handle this sort of thing are slow and cumbersome and a PITA for da management so I expect nothing would actually come of it anyway.


 
Posted : 12/04/2023 6:15 pm
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Ask them to put it in writing that after handing in your notice they are making a change to your regular and established working pattern.


 
Posted : 12/04/2023 6:22 pm
pondo and thegeneralist reacted
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Ask them to put it in writing that after handing in your notice they are making a change to your regular and established working pattern.

But as mentioned above, that will depend on how long the existing arrangement has been in place and it is very much a grey area as to how much time should have passed before it becomes a binding implied term (and this is even before considering whether a change to the contracted place of work could be incorporated into implied terms – if his contracted says his place of work is the office, then they could probably argue successfully that any change to that was a goodwill decision for all workers but operational requirements dictate the leaver must be in the office for handovers).


 
Posted : 12/04/2023 6:27 pm
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Just call in sick, get a work related stress ticket from your GP if your notice period is longer than self-cert..
Naff all they can do about it then, and you get free time off.

Although, If you're in the office 3 days a week anyway, is it really so much of an issue?


 
Posted : 12/04/2023 6:27 pm
falkirk-mark reacted
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I would be suggesting that they do one and that if they are that concerned then gardening leave would be a more appropriate option.
If your office is very close though, you could go in for an hour a day and then you can state you were on site each day


 
Posted : 12/04/2023 6:34 pm
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You could start a grievance for the change in working patterns.  Normal procedure for a grievance for something like that is "status quo applies until grievance resolved"  so in your case it would take weeks to resolve the grievance.  Bit of a burning bridges option tho

Have a look at your emplyers policy or staff handbook.  I would be surprised if the "must return to office full time during notice period is a formal policy.  My bet is its a stroppy manager


 
Posted : 12/04/2023 6:38 pm
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I'm assuming this is because of concerns about a drop off in output during the notice period? As tjagain said, if you do the hours then no bother, so if possible make this apparent to them.
I'd be very wary of taking time off 'sick'; could have implications for reference or data requests from the new employer. Unless you're retiring, in which case, go nuts.


 
Posted : 12/04/2023 6:41 pm
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Fair point, I'd probably do the time in the office, but if it's putting you out, then just mentally check out and do the bare minimum.

Everyone in my line of work generally gets put on garden leave anyway, if they put thier notice in due to access to sensitive data etc.

Although I'd still ask the OP, if you're in office 3 days a week anyway, is it really a big deal?


 
Posted : 12/04/2023 6:45 pm
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Have they supplied your reference, do you need to maintain a positive relationship with them? It is usually good to leave on a positive note but if you are moving industry or are not fussed, then I would make a nice big flask of coffee, head in to the office in my comfiest clothes then kick back and does absolutely nothing. I would cycle between news, twitter, Netflix and STW on my work computer or phone, take long lunches and self certify lots of sickness.


 
Posted : 12/04/2023 6:51 pm
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Johndoh, such a request probably won't do much more than a bit of mild manager panic and some wasting of HR time. Which is why it's worth doing if they're being ****s about him leaving. If there's a decent reason why he suddenly needs to be there 100%, I'd have expected that to be given.


 
Posted : 12/04/2023 6:54 pm
funkmasterp reacted
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^yea this is an important consideration, if you have a good relationship and want to get a good reference/not burn bridges I'd say it's worth playing ball.

If not, then do what you want, it won't make any difference.


 
Posted : 12/04/2023 6:54 pm
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You say current company policy is a minimum if 3 days each week in the office.
I suggest the relevant word is 'minimum' so the company can mandate every day in the office.
You're working your notice so just go to the office, do the absolute minimum, keep strictly to minimum working hours, ensure work mobile and laptop - if you have either/or - are only on during work hours, take all breaks to the maximum time allowable, take any holiday entitlement unless you're selling it back, decline to take decisions or provide guidance etc on the basis that should not be the responsibility of a soon to be ex-employee.


 
Posted : 12/04/2023 7:02 pm
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Ask them if they want you in the office obviously doing heehaw or at home doing heehaw but out of sight.


 
Posted : 12/04/2023 7:16 pm
towpathman reacted
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You need to be in the office to parade around that smile that says, “see ya losers, I’m getting out of here.”


 
Posted : 12/04/2023 7:23 pm
mattyfez reacted
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Plus you might get free cake!


 
Posted : 12/04/2023 7:35 pm
funkmasterp and kelvin reacted
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Are there spinning chairs in the office? Go in and just spend your time making yourself dizzy and distracting everyone else.

In all seriousness do you have a workload that requires a formal and in depth handover? If so then I can see why they’d want you in the office.


 
Posted : 12/04/2023 7:38 pm
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a) what are they going to do if you play hooky?
b) you could just suck it up, life is too short to waste it in battle with nobodies when you're leaving anyway.

Notice periods suck anyway. No-one works properly and no-one enjoys the leaver being there, it's just a charade that we all play out every so often because no-one has the guts to do anything about it.


 
Posted : 12/04/2023 7:41 pm
funkmasterp reacted
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You're leaving, no point playing games, just go in and do the job until you leave, it's a run down period as well.


 
Posted : 12/04/2023 7:57 pm
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As lots of people have mentioned, how much of a ball ache is it going into the office? Also how long is your notice period?

Lots of options but for me they fall somewhere between these two extremes.

If you like your boss and colleagues just stuck it up.

Speak to your new employer and say you can start earlier than expected. Finish your last day at the current place the day after the next payday. Start your new job the following day. Getting a P45 may be problematic but there are ways around this https://www.safeworkers.co.uk/employment-law/employer-wont-give-p45/


 
Posted : 12/04/2023 8:03 pm
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You don't need a P45 to start a new job; an HMRC Starter Form (previously P46) is enough.
If the previous employer drags their heels removing you from their payroll then so be it. It takes a bit longer to get tax coding sorted, for example, but it sorts out in the end. Obviously if you don't receive one after a few months, then from the point of view of needing it in lieu of a P60 it becomes an issue, but that's where downloading/printing all received wage slips is vital.


 
Posted : 12/04/2023 8:14 pm
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Honestly, I wouldn't even reply, I'd ignore it and carry on business as usual. What are they going to do, sack you? You've already left.


 
Posted : 12/04/2023 10:41 pm
mattyfez and funkmasterp reacted
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Just go in and do nothing. Go round and chat to old friends. Go to the disabled loo for a ****. Research hikes, bike rides, holidays and things to buy. Email the wife. Play on your phone and slurp your brew.


 
Posted : 12/04/2023 10:47 pm
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OP not responded. Assuming that he’s been forced in to the office where STW is inaccessible


 
Posted : 12/04/2023 10:50 pm
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As an employer myself, I do find it disheartening that so many obviously intelligent people seem to think it’s all well and good to shaft your old employer off so willingly. If this is the level STW works at, what is the hope for the wider workforce in the UK?


 
Posted : 12/04/2023 11:18 pm
johnhe, boriselbrus, chevychase and 4 people reacted
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Thank you for all the replies so far. I am on 3 months notice period which has just begun. In the past and also currently with another team member people have been allowed to continue their hybrid working pattern and have not been requested to be in the office full time. I do not need a reference as setting up my own company but equally don’t want to end 9 years with the company on a sour note.

Getting into the office adds about 2 hours to my day and also costs me £21.


 
Posted : 12/04/2023 11:30 pm
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Are you starting up in the same industry? Could it be that they are wanting to keep an eye on you and make sure you leave with nothing more than the knowledge in your head?


 
Posted : 12/04/2023 11:46 pm
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johndoh
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As an employer myself, I do find it disheartening that so many obviously intelligent people seem to think it’s all well and good to shaft your old employer off so willingly. If this is the level STW works at, what is the hope for the wider workforce in the UK?

yeah either that or people just trying to be funny on the Internet.
Of course I wouldn't go in the disabled loo for a ****.... I'd go in the normal loo like everybody else!


 
Posted : 12/04/2023 11:48 pm
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In the past and also currently with another team member people have been allowed to continue their hybrid working pattern and have not been requested to be in the office full time.

So its not a hard policy then and indeed you could argue you are being treated unfairly

3 months notice is pretty much unenforceable anyway

Perhaps a meeting with your boss and basically tell him.  Enforce 5 days a week in the office and all goodwill is withdrawn and I'll report this to HR  or continue hybrid working and I'll work hard for 3 months?

Your boss and your employer are not your friends.  Don't have misplaced loyalty.


 
Posted : 12/04/2023 11:51 pm
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As an employer myself, I do find it disheartening that so many obviously intelligent people seem to think it’s all well and good to shaft your old employer off so willingly.

What goes around comes around.  treat your workforce well and they will reciprocate.  Behave badly like this chaps employer has and no more goodwill.  Shaft your employees and they will shaft you in return

A happy workforce is a productive one


 
Posted : 12/04/2023 11:53 pm
thepurist, Pauly and mattyfez reacted
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Getting into the office adds about 2 hours to my day and also costs me £21.

I think that makes it quite clear. Are they paying you an adidditional £21 plus expences?

No they are not.


 
Posted : 13/04/2023 12:03 am
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I do find it disheartening that so many obviously intelligent people seem to think it’s all well and good to shaft your old employer off so willingly.

Whilst I take your point, the OP has already been shafted so it's quid pro quo.


 
Posted : 13/04/2023 12:03 am
jeffl reacted
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I would very politely ask their reasoning ie is it you want me to hand over to someone Explain about the travel time.

There response is almost irrelevant and IMO you just have to suck it up.

I left a job recently and they made me come in 2 days per week when I was wfh. Still don’t know why. I just did the minimum I could, and chatted to as many people as possible. Turned out to be a very good way of networking for future job opportunities


 
Posted : 13/04/2023 12:17 am
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the OP has already been shafted so it’s quid pro quo.

Behave badly like this chaps employer has and no more goodwill.

I'm not sure how you can conclude that the OP has been shafted or his employer is behaving badly based on what's posted. As noted by a few here (those not advocating sandbagging the notice period) there's a number of legitimate business reasons why you might want/need/expect someone in the office more during a notice period.

The only way the OP is going to deal with this is by speaking to his employer.


 
Posted : 13/04/2023 12:48 am
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there’s a number of legitimate business reasons why you might want/need/expect someone in the office more during a notice period.

such as?


 
Posted : 13/04/2023 12:50 am
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I’m not sure how you can conclude that the OP has been shafted or his employer is behaving badly based on what’s posted.

Enforcing 2 extra days in the office when others do not have to do this - so its not a solid policy and the OP is being singled out. Cost to the OP is £500  thats being shafted

Its also impossible to enforce under UK law as its a change to regular working patterns which is a contractual change ( under custom and practice if not in the written contract)which cannot be done without the employees consent

As an ex trade union rep this is the sort of thing I loved.  such an easy case.


 
Posted : 13/04/2023 12:55 am
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As an employer myself, I do find it disheartening that so many obviously intelligent people seem to think it’s all well and good to shaft your old employer off so willingly. If this is the level STW works at, what is the hope for the wider workforce in the UK?

As a (previous) worker myself, I do find it disheartening that another employer endorses such a petty and obnoxious attempt at punishment of an employee for having the temerity to leave a job. If this is the level STW works at, what is the hope for the wider management in the UK?


 
Posted : 13/04/2023 8:14 am
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**** all managers everywhere.

If you are a manager and reading this, **** you, get back to work!

Oh yeah, you can't. You don't have any actual work to do. Your job is to annoy the people who are actually working and feverishly find new ways to justify your own existence.

Your job should be to make sure I don't run out of paperclips. Well, not necessarily paperclips but whatever I happen to need to ensure I can continue doing the job that actually makes the company money and pays your wages you piss poor excuse for a human being.

Now stop reading this and get back to devising new methods of torture for the people who are actually capable of being productive, you cretin.


 
Posted : 13/04/2023 8:27 am
aide reacted
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Just go in tbpfh. Then tell them aboit your not exactly unreasonable commute and ask if you can go to three...


 
Posted : 13/04/2023 8:32 am
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