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Company Trying To Oust Employee.... What Are His Options?
I'm posting on behalf of a friend.
He moved overseas to the EU about 18 months ago, temporarily to be with his partner's family during the pandemic. He's now made the move permanent.
His company are pushing for him to come back into the office full time, arguing that allowing him to work from home permanently would set a precedent.
He's been there for 10+ years and has seriously delivered in an industry where loyalty like that is fairly rare. There was no slack off in his work while abroad – if anything, it was some of the best work that the company delivered for its clients.
Making the move permanent has complicated things. It means that under tax laws, the company would have to establish itself in the other country, which would be costly.
Without going into the who's right / who's wrong of the situation, what are his realistic options?
They want him to quit and come back on a freelance basis, which he's reluctant to do (no guarantee of work, no benefits such as sick pay or holiday). He wants to move forward in an amicable way, but they're being firm on their position (despite the fact that there are similar arrangements for staff in the UK, and that he did a pay sacrifice a few while back to help get them through the pandemic).
If he refuses to quit, what are the potential grounds that they could dismiss him on, and what recourse options would he have?
I'm aware that there's such a thing as a protected conversation, whereby a company can essentially pay off an employee, and it's all kept under wraps. I'm sensing that this isn't an option that they want to pursue, as it would cost them money, and I'm not sure of the protocol around these things.
I'd really appreciate any advice on what the best way forward might be.
Thanks!
He moved overseas to the EU about 18 months ago, temporarily to be with his partner's family during the pandemic. He's now made the move permanent.
His company are pushing for him to come back into the office full time, arguing that allowing him to work from home permanently would set a precedent.
He's been there for 10+ years and has seriously delivered in an industry where loyalty like that is fairly rare. There was no slack off in his work while abroad – if anything, it was some of the best work that the company delivered for its clients.
Making the move permanent has complicated things. It means that under tax laws, the company would have to establish itself in the other country, which would be costly.
Without going into the who's right / who's wrong of the situation, what are his realistic options?
They want him to quit and come back on a freelance basis, which he's reluctant to do (no guarantee of work, no benefits such as sick pay or holiday). He wants to move forward in an amicable way, but they're being firm on their position (despite the fact that there are similar arrangements for staff in the UK, and that he did a pay sacrifice a few while back to help get them through the pandemic).
If he refuses to quit, what are the potential grounds that they could dismiss him on, and what recourse options would he have?
I'm aware that there's such a thing as a protected conversation, whereby a company can essentially pay off an employee, and it's all kept under wraps. I'm sensing that this isn't an option that they want to pursue, as it would cost them money, and I'm not sure of the protocol around these things.
I'd really appreciate any advice on what the best way forward might be.
Thanks!
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