When I joined a new company last year, the position was stated in my contract as being hybrid with two days a week in office, plus a “workcation” policy which allowed us to work remotely for a week after a minimum week-long vacation. My parents live in a different city, so this was an enticing perk. However, my employer has now cancelled the workcation policy.
If your contract doesn’t contain a variation clause, the court will then have to decide whether your decision to resign and sue for constructive dismissal was reasonable. To determine this, a court will need to evaluate at the totality of the circumstances surrounding your employer’s decision to revoke the workcation policy.
Timing is the most critical piece. After an employer introduces a change to the employment relationship, the employee only has a short window of time to reject this change or else they will be deemed to have acquiesced to it. If you have experienced a change to your employment agreement that you are unhappy with, you should seek legal advice within two weeks from the time that you were given notice of that change.