Company claiming âplace of workâ legally has to be the company's registered address for contract purposes [on hold]
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12
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The company I work for has been acquired by another company - both are very small in size, with no more than ten employees total. It's at the point where we've all been asked to sign new contracts, but I'm reluctant to sign as my "normal place of work" is listed as the company's registered address, not the office where I currently work (and this would theoretically add over two hours onto my commute each way!)
I've pushed back on this, but have been told:
- Not to worry, I can carry on working in the same place informally;
- The normal place of work can't be changed on the contract, as the normal place of work listed legally has to match the company's registered address.
My gut feeling is that this legal argument is nonsense. I'm also reluctant to sign not just because of the place of work change, but because of implications on claiming expenses for travel.
Assuming that this claim is the nonsense it seems to be, what is the best way to push back?
united-kingdom contracts legal
New contributor
put on hold as off-topic by gnat, paparazzo, Twyxz, bharal, Jay 4 hours ago
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." â gnat, paparazzo, Twyxz, bharal, Jay
add a comment |Â
up vote
12
down vote
favorite
The company I work for has been acquired by another company - both are very small in size, with no more than ten employees total. It's at the point where we've all been asked to sign new contracts, but I'm reluctant to sign as my "normal place of work" is listed as the company's registered address, not the office where I currently work (and this would theoretically add over two hours onto my commute each way!)
I've pushed back on this, but have been told:
- Not to worry, I can carry on working in the same place informally;
- The normal place of work can't be changed on the contract, as the normal place of work listed legally has to match the company's registered address.
My gut feeling is that this legal argument is nonsense. I'm also reluctant to sign not just because of the place of work change, but because of implications on claiming expenses for travel.
Assuming that this claim is the nonsense it seems to be, what is the best way to push back?
united-kingdom contracts legal
New contributor
put on hold as off-topic by gnat, paparazzo, Twyxz, bharal, Jay 4 hours ago
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." â gnat, paparazzo, Twyxz, bharal, Jay
3
as the normal place of work listed legally has to match the company's registered address
Not an answer in and of itself, just some common sense: the existence of two types of addresses (registered address, place of work) inherently proves that it's possible for these addresses to be different. If they always have to be exactly the same, you wouldn't need both of them - place of work would be redundant.
â Flater
6 hours ago
1
I don't get the hold. The question doesn't ask about company policy: it specifically says "legally". Arguably this is "law" and not "workplace", but the hold reason is not applicable.
â Jay
3 hours ago
1
Edited to attempt to bring on topic for this SE. OP if you feel this deviates from your intention please feel free to roll back.
â Myles
24 mins ago
VOTED TO REOPEN - this seems perfectly on-topic to me.
â Joe Strazzere
16 mins ago
add a comment |Â
up vote
12
down vote
favorite
up vote
12
down vote
favorite
The company I work for has been acquired by another company - both are very small in size, with no more than ten employees total. It's at the point where we've all been asked to sign new contracts, but I'm reluctant to sign as my "normal place of work" is listed as the company's registered address, not the office where I currently work (and this would theoretically add over two hours onto my commute each way!)
I've pushed back on this, but have been told:
- Not to worry, I can carry on working in the same place informally;
- The normal place of work can't be changed on the contract, as the normal place of work listed legally has to match the company's registered address.
My gut feeling is that this legal argument is nonsense. I'm also reluctant to sign not just because of the place of work change, but because of implications on claiming expenses for travel.
Assuming that this claim is the nonsense it seems to be, what is the best way to push back?
united-kingdom contracts legal
New contributor
The company I work for has been acquired by another company - both are very small in size, with no more than ten employees total. It's at the point where we've all been asked to sign new contracts, but I'm reluctant to sign as my "normal place of work" is listed as the company's registered address, not the office where I currently work (and this would theoretically add over two hours onto my commute each way!)
I've pushed back on this, but have been told:
- Not to worry, I can carry on working in the same place informally;
- The normal place of work can't be changed on the contract, as the normal place of work listed legally has to match the company's registered address.
My gut feeling is that this legal argument is nonsense. I'm also reluctant to sign not just because of the place of work change, but because of implications on claiming expenses for travel.
Assuming that this claim is the nonsense it seems to be, what is the best way to push back?
united-kingdom contracts legal
united-kingdom contracts legal
New contributor
New contributor
edited 25 mins ago
Myles
26.2k661108
26.2k661108
New contributor
asked 8 hours ago
Anonymous
694
694
New contributor
New contributor
put on hold as off-topic by gnat, paparazzo, Twyxz, bharal, Jay 4 hours ago
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." â gnat, paparazzo, Twyxz, bharal, Jay
put on hold as off-topic by gnat, paparazzo, Twyxz, bharal, Jay 4 hours ago
This question appears to be off-topic. The users who voted to close gave this specific reason:
- "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." â gnat, paparazzo, Twyxz, bharal, Jay
3
as the normal place of work listed legally has to match the company's registered address
Not an answer in and of itself, just some common sense: the existence of two types of addresses (registered address, place of work) inherently proves that it's possible for these addresses to be different. If they always have to be exactly the same, you wouldn't need both of them - place of work would be redundant.
â Flater
6 hours ago
1
I don't get the hold. The question doesn't ask about company policy: it specifically says "legally". Arguably this is "law" and not "workplace", but the hold reason is not applicable.
â Jay
3 hours ago
1
Edited to attempt to bring on topic for this SE. OP if you feel this deviates from your intention please feel free to roll back.
â Myles
24 mins ago
VOTED TO REOPEN - this seems perfectly on-topic to me.
â Joe Strazzere
16 mins ago
add a comment |Â
3
as the normal place of work listed legally has to match the company's registered address
Not an answer in and of itself, just some common sense: the existence of two types of addresses (registered address, place of work) inherently proves that it's possible for these addresses to be different. If they always have to be exactly the same, you wouldn't need both of them - place of work would be redundant.
â Flater
6 hours ago
1
I don't get the hold. The question doesn't ask about company policy: it specifically says "legally". Arguably this is "law" and not "workplace", but the hold reason is not applicable.
â Jay
3 hours ago
1
Edited to attempt to bring on topic for this SE. OP if you feel this deviates from your intention please feel free to roll back.
â Myles
24 mins ago
VOTED TO REOPEN - this seems perfectly on-topic to me.
â Joe Strazzere
16 mins ago
3
3
as the normal place of work listed legally has to match the company's registered address
Not an answer in and of itself, just some common sense: the existence of two types of addresses (registered address, place of work) inherently proves that it's possible for these addresses to be different. If they always have to be exactly the same, you wouldn't need both of them - place of work would be redundant.â Flater
6 hours ago
as the normal place of work listed legally has to match the company's registered address
Not an answer in and of itself, just some common sense: the existence of two types of addresses (registered address, place of work) inherently proves that it's possible for these addresses to be different. If they always have to be exactly the same, you wouldn't need both of them - place of work would be redundant.â Flater
6 hours ago
1
1
I don't get the hold. The question doesn't ask about company policy: it specifically says "legally". Arguably this is "law" and not "workplace", but the hold reason is not applicable.
â Jay
3 hours ago
I don't get the hold. The question doesn't ask about company policy: it specifically says "legally". Arguably this is "law" and not "workplace", but the hold reason is not applicable.
â Jay
3 hours ago
1
1
Edited to attempt to bring on topic for this SE. OP if you feel this deviates from your intention please feel free to roll back.
â Myles
24 mins ago
Edited to attempt to bring on topic for this SE. OP if you feel this deviates from your intention please feel free to roll back.
â Myles
24 mins ago
VOTED TO REOPEN - this seems perfectly on-topic to me.
â Joe Strazzere
16 mins ago
VOTED TO REOPEN - this seems perfectly on-topic to me.
â Joe Strazzere
16 mins ago
add a comment |Â
3 Answers
3
active
oldest
votes
up vote
24
down vote
accepted
My gut feeling is that this legal argument is nonsense.
You're 100% correct - registered address for a Limited company in no way has to be your usual place of work. It can be but no obligation to make it so.
If you're having trouble making them understand that then ask them how on earth companies with multiple offices/branches/etc manage to exist.
Amusingly if you did sign the contract as is but were expected to continue working at your existing site you'd actually become eligible to claim mileage/traveling expenses for going to the existing site as it would no longer be considered your "normal" place of work for tax purposes.. HMRC would almost certainly not accept that of course but you could attempt to use that as a way of point out the wrongness of their proposition by sticking an expenses claim in!
1
Thanks very much for the confirmation. This was my understanding as well, but I wanted a second opinion; legalities are not my strong point.
â Anonymous
8 hours ago
3
No matter what paperwork your employer puts in about your "normal place of work", HMRC will never let you claim expenses for travelling to what is clearly your normal place of work. The duck test applies.
â Philip Kendall
7 hours ago
3
@PhilipKendall true.. although the criteria they apply is ill-defined. It would come down to a judgement call from HMRC, my last paragraph is more tongue in cheek then anything else as arguing against the existing site being considered "normal place of work" in the OP's case would never fly in a million years. Still, might be a way of pointing out the idiocy in the contract to them though.
â motosubatsu
7 hours ago
2
If registered location and usual place of work were the same, every self employed contractor would be trouble unless they always work from home... bear in mind though if you don't sign, then you may find yourself without a contract.
â UKMonkey
6 hours ago
1
There is more striking example: virtual offices. Such law would make them actually useless.
â Agent_L
6 hours ago
add a comment |Â
up vote
11
down vote
As others have said, the legal argument is nonsense - imagine for example an employee of a supermarket chain - their normal place of work will be the particular branch of the supermarket, but the registered address will be the head office.
I would be very concerned about this, as it clearly says to me that they intend to close your office and force you to commute to the other location. The 'informal' arrangement then won't be worth the paper it isn't written on... I'd also read the rest of the terms VERY carefully, in case they've tried any other tricks...
New contributor
add a comment |Â
up vote
2
down vote
Other answers have pointed out that the address thing is a lie.
What you should be really worried about is that they are lying to you to get you to sign the contract. Given that, any informal assurances they give you are completely untrustworthy. Nothing will count except what's written in your contract, and expect them to try to get out of that as it suits them. This is a terrible start to an employer-employee relationship.
If you don't go out and find another job, have a lawyer look over your contract before you sign, and be on the alert for other things.
add a comment |Â
3 Answers
3
active
oldest
votes
3 Answers
3
active
oldest
votes
active
oldest
votes
active
oldest
votes
up vote
24
down vote
accepted
My gut feeling is that this legal argument is nonsense.
You're 100% correct - registered address for a Limited company in no way has to be your usual place of work. It can be but no obligation to make it so.
If you're having trouble making them understand that then ask them how on earth companies with multiple offices/branches/etc manage to exist.
Amusingly if you did sign the contract as is but were expected to continue working at your existing site you'd actually become eligible to claim mileage/traveling expenses for going to the existing site as it would no longer be considered your "normal" place of work for tax purposes.. HMRC would almost certainly not accept that of course but you could attempt to use that as a way of point out the wrongness of their proposition by sticking an expenses claim in!
1
Thanks very much for the confirmation. This was my understanding as well, but I wanted a second opinion; legalities are not my strong point.
â Anonymous
8 hours ago
3
No matter what paperwork your employer puts in about your "normal place of work", HMRC will never let you claim expenses for travelling to what is clearly your normal place of work. The duck test applies.
â Philip Kendall
7 hours ago
3
@PhilipKendall true.. although the criteria they apply is ill-defined. It would come down to a judgement call from HMRC, my last paragraph is more tongue in cheek then anything else as arguing against the existing site being considered "normal place of work" in the OP's case would never fly in a million years. Still, might be a way of pointing out the idiocy in the contract to them though.
â motosubatsu
7 hours ago
2
If registered location and usual place of work were the same, every self employed contractor would be trouble unless they always work from home... bear in mind though if you don't sign, then you may find yourself without a contract.
â UKMonkey
6 hours ago
1
There is more striking example: virtual offices. Such law would make them actually useless.
â Agent_L
6 hours ago
add a comment |Â
up vote
24
down vote
accepted
My gut feeling is that this legal argument is nonsense.
You're 100% correct - registered address for a Limited company in no way has to be your usual place of work. It can be but no obligation to make it so.
If you're having trouble making them understand that then ask them how on earth companies with multiple offices/branches/etc manage to exist.
Amusingly if you did sign the contract as is but were expected to continue working at your existing site you'd actually become eligible to claim mileage/traveling expenses for going to the existing site as it would no longer be considered your "normal" place of work for tax purposes.. HMRC would almost certainly not accept that of course but you could attempt to use that as a way of point out the wrongness of their proposition by sticking an expenses claim in!
1
Thanks very much for the confirmation. This was my understanding as well, but I wanted a second opinion; legalities are not my strong point.
â Anonymous
8 hours ago
3
No matter what paperwork your employer puts in about your "normal place of work", HMRC will never let you claim expenses for travelling to what is clearly your normal place of work. The duck test applies.
â Philip Kendall
7 hours ago
3
@PhilipKendall true.. although the criteria they apply is ill-defined. It would come down to a judgement call from HMRC, my last paragraph is more tongue in cheek then anything else as arguing against the existing site being considered "normal place of work" in the OP's case would never fly in a million years. Still, might be a way of pointing out the idiocy in the contract to them though.
â motosubatsu
7 hours ago
2
If registered location and usual place of work were the same, every self employed contractor would be trouble unless they always work from home... bear in mind though if you don't sign, then you may find yourself without a contract.
â UKMonkey
6 hours ago
1
There is more striking example: virtual offices. Such law would make them actually useless.
â Agent_L
6 hours ago
add a comment |Â
up vote
24
down vote
accepted
up vote
24
down vote
accepted
My gut feeling is that this legal argument is nonsense.
You're 100% correct - registered address for a Limited company in no way has to be your usual place of work. It can be but no obligation to make it so.
If you're having trouble making them understand that then ask them how on earth companies with multiple offices/branches/etc manage to exist.
Amusingly if you did sign the contract as is but were expected to continue working at your existing site you'd actually become eligible to claim mileage/traveling expenses for going to the existing site as it would no longer be considered your "normal" place of work for tax purposes.. HMRC would almost certainly not accept that of course but you could attempt to use that as a way of point out the wrongness of their proposition by sticking an expenses claim in!
My gut feeling is that this legal argument is nonsense.
You're 100% correct - registered address for a Limited company in no way has to be your usual place of work. It can be but no obligation to make it so.
If you're having trouble making them understand that then ask them how on earth companies with multiple offices/branches/etc manage to exist.
Amusingly if you did sign the contract as is but were expected to continue working at your existing site you'd actually become eligible to claim mileage/traveling expenses for going to the existing site as it would no longer be considered your "normal" place of work for tax purposes.. HMRC would almost certainly not accept that of course but you could attempt to use that as a way of point out the wrongness of their proposition by sticking an expenses claim in!
edited 5 hours ago
answered 8 hours ago
motosubatsu
33.6k1584136
33.6k1584136
1
Thanks very much for the confirmation. This was my understanding as well, but I wanted a second opinion; legalities are not my strong point.
â Anonymous
8 hours ago
3
No matter what paperwork your employer puts in about your "normal place of work", HMRC will never let you claim expenses for travelling to what is clearly your normal place of work. The duck test applies.
â Philip Kendall
7 hours ago
3
@PhilipKendall true.. although the criteria they apply is ill-defined. It would come down to a judgement call from HMRC, my last paragraph is more tongue in cheek then anything else as arguing against the existing site being considered "normal place of work" in the OP's case would never fly in a million years. Still, might be a way of pointing out the idiocy in the contract to them though.
â motosubatsu
7 hours ago
2
If registered location and usual place of work were the same, every self employed contractor would be trouble unless they always work from home... bear in mind though if you don't sign, then you may find yourself without a contract.
â UKMonkey
6 hours ago
1
There is more striking example: virtual offices. Such law would make them actually useless.
â Agent_L
6 hours ago
add a comment |Â
1
Thanks very much for the confirmation. This was my understanding as well, but I wanted a second opinion; legalities are not my strong point.
â Anonymous
8 hours ago
3
No matter what paperwork your employer puts in about your "normal place of work", HMRC will never let you claim expenses for travelling to what is clearly your normal place of work. The duck test applies.
â Philip Kendall
7 hours ago
3
@PhilipKendall true.. although the criteria they apply is ill-defined. It would come down to a judgement call from HMRC, my last paragraph is more tongue in cheek then anything else as arguing against the existing site being considered "normal place of work" in the OP's case would never fly in a million years. Still, might be a way of pointing out the idiocy in the contract to them though.
â motosubatsu
7 hours ago
2
If registered location and usual place of work were the same, every self employed contractor would be trouble unless they always work from home... bear in mind though if you don't sign, then you may find yourself without a contract.
â UKMonkey
6 hours ago
1
There is more striking example: virtual offices. Such law would make them actually useless.
â Agent_L
6 hours ago
1
1
Thanks very much for the confirmation. This was my understanding as well, but I wanted a second opinion; legalities are not my strong point.
â Anonymous
8 hours ago
Thanks very much for the confirmation. This was my understanding as well, but I wanted a second opinion; legalities are not my strong point.
â Anonymous
8 hours ago
3
3
No matter what paperwork your employer puts in about your "normal place of work", HMRC will never let you claim expenses for travelling to what is clearly your normal place of work. The duck test applies.
â Philip Kendall
7 hours ago
No matter what paperwork your employer puts in about your "normal place of work", HMRC will never let you claim expenses for travelling to what is clearly your normal place of work. The duck test applies.
â Philip Kendall
7 hours ago
3
3
@PhilipKendall true.. although the criteria they apply is ill-defined. It would come down to a judgement call from HMRC, my last paragraph is more tongue in cheek then anything else as arguing against the existing site being considered "normal place of work" in the OP's case would never fly in a million years. Still, might be a way of pointing out the idiocy in the contract to them though.
â motosubatsu
7 hours ago
@PhilipKendall true.. although the criteria they apply is ill-defined. It would come down to a judgement call from HMRC, my last paragraph is more tongue in cheek then anything else as arguing against the existing site being considered "normal place of work" in the OP's case would never fly in a million years. Still, might be a way of pointing out the idiocy in the contract to them though.
â motosubatsu
7 hours ago
2
2
If registered location and usual place of work were the same, every self employed contractor would be trouble unless they always work from home... bear in mind though if you don't sign, then you may find yourself without a contract.
â UKMonkey
6 hours ago
If registered location and usual place of work were the same, every self employed contractor would be trouble unless they always work from home... bear in mind though if you don't sign, then you may find yourself without a contract.
â UKMonkey
6 hours ago
1
1
There is more striking example: virtual offices. Such law would make them actually useless.
â Agent_L
6 hours ago
There is more striking example: virtual offices. Such law would make them actually useless.
â Agent_L
6 hours ago
add a comment |Â
up vote
11
down vote
As others have said, the legal argument is nonsense - imagine for example an employee of a supermarket chain - their normal place of work will be the particular branch of the supermarket, but the registered address will be the head office.
I would be very concerned about this, as it clearly says to me that they intend to close your office and force you to commute to the other location. The 'informal' arrangement then won't be worth the paper it isn't written on... I'd also read the rest of the terms VERY carefully, in case they've tried any other tricks...
New contributor
add a comment |Â
up vote
11
down vote
As others have said, the legal argument is nonsense - imagine for example an employee of a supermarket chain - their normal place of work will be the particular branch of the supermarket, but the registered address will be the head office.
I would be very concerned about this, as it clearly says to me that they intend to close your office and force you to commute to the other location. The 'informal' arrangement then won't be worth the paper it isn't written on... I'd also read the rest of the terms VERY carefully, in case they've tried any other tricks...
New contributor
add a comment |Â
up vote
11
down vote
up vote
11
down vote
As others have said, the legal argument is nonsense - imagine for example an employee of a supermarket chain - their normal place of work will be the particular branch of the supermarket, but the registered address will be the head office.
I would be very concerned about this, as it clearly says to me that they intend to close your office and force you to commute to the other location. The 'informal' arrangement then won't be worth the paper it isn't written on... I'd also read the rest of the terms VERY carefully, in case they've tried any other tricks...
New contributor
As others have said, the legal argument is nonsense - imagine for example an employee of a supermarket chain - their normal place of work will be the particular branch of the supermarket, but the registered address will be the head office.
I would be very concerned about this, as it clearly says to me that they intend to close your office and force you to commute to the other location. The 'informal' arrangement then won't be worth the paper it isn't written on... I'd also read the rest of the terms VERY carefully, in case they've tried any other tricks...
New contributor
New contributor
answered 6 hours ago
Nick C
2114
2114
New contributor
New contributor
add a comment |Â
add a comment |Â
up vote
2
down vote
Other answers have pointed out that the address thing is a lie.
What you should be really worried about is that they are lying to you to get you to sign the contract. Given that, any informal assurances they give you are completely untrustworthy. Nothing will count except what's written in your contract, and expect them to try to get out of that as it suits them. This is a terrible start to an employer-employee relationship.
If you don't go out and find another job, have a lawyer look over your contract before you sign, and be on the alert for other things.
add a comment |Â
up vote
2
down vote
Other answers have pointed out that the address thing is a lie.
What you should be really worried about is that they are lying to you to get you to sign the contract. Given that, any informal assurances they give you are completely untrustworthy. Nothing will count except what's written in your contract, and expect them to try to get out of that as it suits them. This is a terrible start to an employer-employee relationship.
If you don't go out and find another job, have a lawyer look over your contract before you sign, and be on the alert for other things.
add a comment |Â
up vote
2
down vote
up vote
2
down vote
Other answers have pointed out that the address thing is a lie.
What you should be really worried about is that they are lying to you to get you to sign the contract. Given that, any informal assurances they give you are completely untrustworthy. Nothing will count except what's written in your contract, and expect them to try to get out of that as it suits them. This is a terrible start to an employer-employee relationship.
If you don't go out and find another job, have a lawyer look over your contract before you sign, and be on the alert for other things.
Other answers have pointed out that the address thing is a lie.
What you should be really worried about is that they are lying to you to get you to sign the contract. Given that, any informal assurances they give you are completely untrustworthy. Nothing will count except what's written in your contract, and expect them to try to get out of that as it suits them. This is a terrible start to an employer-employee relationship.
If you don't go out and find another job, have a lawyer look over your contract before you sign, and be on the alert for other things.
answered 4 hours ago
David Thornley
76115
76115
add a comment |Â
add a comment |Â
3
as the normal place of work listed legally has to match the company's registered address
Not an answer in and of itself, just some common sense: the existence of two types of addresses (registered address, place of work) inherently proves that it's possible for these addresses to be different. If they always have to be exactly the same, you wouldn't need both of them - place of work would be redundant.â Flater
6 hours ago
1
I don't get the hold. The question doesn't ask about company policy: it specifically says "legally". Arguably this is "law" and not "workplace", but the hold reason is not applicable.
â Jay
3 hours ago
1
Edited to attempt to bring on topic for this SE. OP if you feel this deviates from your intention please feel free to roll back.
â Myles
24 mins ago
VOTED TO REOPEN - this seems perfectly on-topic to me.
â Joe Strazzere
16 mins ago