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Question on Working From Home option

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  • 21-12-2016 6:41pm
    #1
    Optimus Prime
    Moderators, Computer Games Moderators Posts: 5,387 Mod ✭✭✭✭


    Hi,

    Ive been working from home for my job for 2 days a week for nearly 3 years now, ive been told now ive to change back to 5 days a week in the office soon. Is there anything in employment law where the 2 days working from home is now basically my contract and it cant be changed unless i agree because ive been doing it for 3 years? Someone mentioned it to me but i just want to follow up on it in case they where wrong.

    Thanks a lot


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    #2
    dreamers75
    Registered Users Posts: 20,558 ✭✭✭✭dreamers75


    If you got a contract stating the 2 days yes, if not did you receive any written confirmations on the change to 2 days.


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    #3
    Optimus Prime
    Moderators, Computer Games Moderators Posts: 5,387 Mod ✭✭✭✭Optimus Prime


    I have an email stating it. It says it would be reviewed every few months. Regardless of that I'm just wondering on the specific if it's two years constant with the 2 days at home is that now my standard working arrangement? I'm only asking because someone in work says if you have an agreement like that for two years then it is. I can't find anything supporting that though.


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    #4
    Stheno
    Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,688 Mod ✭✭✭✭Stheno


    Optimus Prime wrote: »
    I have an email stating it. It says it would be reviewed every few months. Regardless of that I'm just wondering on the specific if it's two years constant with the 2 days at home is that now my standard working arrangement? I'm only asking because someone in work says if you have an agreement like that for two years then it is. I can't find anything supporting that though.
    The review clause would be the nail in the coffin for me tbh


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    #5
    Denny_Crane
    Closed Accounts Posts: 384 ✭✭Denny_Crane


    Possibly a custom and practice argument. Engage a good employment law solicitor if you want to know 100%. Usually an initial consultation would be less than €200 inc VAT so not bank breaking.


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    #6
    Irish_Elect_Eng
    Registered Users Posts: 1,260 ✭✭✭Irish_Elect_Eng


    Optimus Prime wrote: »
    I have an email stating it. It says it would be reviewed every few months. Regardless of that I'm just wondering on the specific if it's two years constant with the 2 days at home is that now my standard working arrangement? I'm only asking because someone in work says if you have an agreement like that for two years then it is. I can't find anything supporting that though.

    The issue will be that the employer is reviewing the arrangement every few months and business permitting renewing the arrangement. So you have in essence a new arrangement based on the needs of the business every few months. The purpose of the review is specifically to avoid the situation that you describe.

    I have similar arrangements with about half of my team, but it was made perfectly clear to each of them that the flexibility goes both ways. I am being flexible in letting them work from home while that is in the interest of the business, but with 1 months notice I can change or cancel the arrangement.

    Hopefully I will not have to cancel these arrangements as they are valuable to each of the team in different ways, but it can and has happened in other parts of our business, for reasons as diverse as a change in manager, changes in corporate or local HR policy, various changes in the needs of the business and the #1 reason poor performance or poor communications from the person working from home :-(

    Do you know exactly why the arrangement is being terminated?
    What reason did your boss give and is there anything that you ca no to address the issue / concern / change in policy?


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    #7
    TheDoc
    Registered Users Posts: 23,137 ✭✭✭✭TheDoc


    Typically working from home in that scenario is always explicit that should the business' demands or needs shift, then you will be required back in office.

    I did a fair bit of working from home in my last job, but there would be occasions where I'd be asked to come into office, or this pattern would shift every so often. I don't believe there would be anything in employment law about it, unless you were explicitly hired with the role defined as being partially working from home.

    That does not appear to be the case here, where it looks like your enjoying what I'd consider a perk/benefit/privilege and that is subject to the companies flexability on it.

    Have you asked is the recall to office permanent or just for a period? Might be a valid reason where you should probably just go along with it if its not permanent and only a temporary thing.


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