Lamont Jones The parliamentary review logo

Chosen to be the HR Experts for the 2019 Parliamentary Review and now Honorary Members of the Parliamentary Review Committee

The Leaders Council Of Great Britain & Northern Ireland

Invited membership of the Leaders Council
"Recognising & honouring the true leaders who keep this country running"

How can an HR consultant help?

Remain impartial and compliant

Seeking HR consultancy or outsourcing your company’s HR provisions can ensure that any HR procedures remain impartial and compliant with statutory guidance.

Rest assured that you're doing the right thing.

Enabling a third party, such as Lamont Jones, to handle any HR action can alleviate the pressure and stress of managing things in-house. Plus, with over 30 years’ experience, we’re qualified and well-versed in the sensitivities of handling all HR cases, so you can rest assured that we’re doing the right thing.

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For advice and information about adopting a strategic HR framework, speak to the Lamont Jones team. We offer several HR services for small- and medium-sized businesses and provide bespoke HR processes customised to your wants and needs

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Like a lot of things in life – the devil is in the detail!

If you issued a homeworking agreement and the homeworking arrangement has clearly expressed to be only on a temporary basis and not contractual, then the employee will still be bound by the “place of work” set out in their employment contract – and this will presumably be the physical office where they were working pre-pandemic.

This means that you can require a return to the office in reliance on the contractual place of work clause.

It would be wise to discuss this with your staff though in advance of your proposals and give adequate notice of the return date (perhaps implementing it on a phased basis), to avoid being in breach of the implied term of mutual trust and confidence.

However, if there is nothing in writing and therefore there is an implied homeworking arrangement that has become permanent, or another arrangement for example following a flexible working request or because you otherwise agreed to permanently change the employee’s contractual place of work, it’s much more difficult to require a return to the office as their place of work is now their home.

These are areas we are able to advise on and support your company with to ensure you are compliant with the changes to the law.

Here you must go through a full consultation process with a view to seeking the employee’s consent to change their place of work and you would need to be able to justify why a return to the office for some of their working time is necessary.

If all your attempts at compromise and negotiation fail and the employee still refuses to consent, it may be possible to look at dismissal on notice with an offer of re-engagement under their pre-permanent homeworking terms, but this should be the absolute last resort, and there’s still a risk of it being an unfair dismissal.

These are areas we are able to advise on and support your company with to ensure you are compliant with the changes to the law.

If this is a problem you are trying to tackle please get in touch so we can guide you through a possible sticky situation:

We are available on the phone to help with any operational fallout of new and changed laws.

To take away this headache and leave you to do what you do best – running your company – give us a ring to discuss how we can support you.

Contact Details

Email: info@lamontjones.co.uk
Phone: 01924 441 032
Fax: 01924 443 578

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