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It could be seen as a fundamental breach of contract - although if your employees continued to work, an Employment Tribunal might hold that they had effectively accepted the change of terms and conditions. But take advice before you pay them differently, because it could be risky.For example, you risk breaching the equal pay legislation, particularly if the employees you are relocating include a higher proportion of one sex than the employees you are recruiting at a lower rate.I have become used to the (mostly) distraction-free environment of my spare bedroom.
If the employee is going to appeal, they must do so in writing within 14 days, and you must then arrange another meeting within 14 days of receiving this letter.
You must write, giving details of the outcome of the appeal, within 14 days of this meeting.
Within 14 days of the meeting you must write either to agree a new work pattern or to refuse the request.
You cannot refuse, however, unless you can demonstrate one or more of the following eight clear business reasons for doing so: If you do refuse, you must give your reasons in writing, dating the letter and giving details of your appeals procedure.
You also run the risk of a case being brought against you under the Equality Act 2010 if the employees you are taking on have another of the 'protected characteristics' that is not shared by the people you are moving to work from home.
Protected characteristics are age, disability, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and gender reassignment. You don’t have to be an expert to share your experiences on Homeworking Life, everyone is welcome. Whether you work from home full-time or spend a day a week in a coffee shop, this site gives you practical advice, wisdom and support written by other home workers.Back to top Since 30 June 2014, almost all employees with at least 26 weeks' service have the right to ask for flexible working which can include working from home. You can only refuse a request for one of the eight business reasons allowed by the legislation.Flexible working might include working for some or all of the time from home.Not necessarily, although normally it would be advisable to do so unless such a change is provided for in the wording of the existing contract.It depends on how specific you have been in their existing contract.If you can prove that a home worker is in breach of this term, you will certainly have grounds for disciplinary action, and may - if they are working for your rivals, or the offence is repeated - have grounds for dismissal.Back to top In theory, yes - unless you have given them a contract which says otherwise, or have reached a different agreement verbally, or have by your conduct given them reason to think they can work at home indefinitely.Back to top It depends on what their employment contract says. Back to top Yes, if the contract of employment permits you to do so, or you reach agreement with the employees concerned.Otherwise no, unless you are willing to risk a claim for constructive dismissal.