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Can employers take away work from home days that's in your contract

(43 Posts)
Mamaalwaysworried Mon 12-Mar-18 16:07:15

I work full time 5 days a week. 2 days at from home, and in my contract.

I requested to take 1 day off and work only 4 days and keep my contracted 2 working from home days.

Employer said I can only go 4 days if I give up 1 working from home day.

Is this legal? Can they take away my working from home day even though it's in my contract?

CotswoldStrife Mon 12-Mar-18 16:09:18

But you want to change your contract! They obviously want someone in the office 3 days a week. That seems fair.

Birdofathousandvoices Mon 12-Mar-18 16:11:23

They’re not ‘taking it from you’ though, it sounds like a compromise to allow you to reduce your days. By that I mean that they are not changing the contract, rather you have made a request to do so.
So you would be working one less day but still in the office for 3 days per week. Is that to allow for cover, meetings etc?

leghairdontcare Mon 12-Mar-18 16:12:41

Have you made a formal flexible working request?

They can turn it down but only for good business reasons.

Example from gov.uk

extra costs that will damage the business
the work can’t be reorganised among other staff
people can’t be recruited to do the work
flexible working will affect quality and performance
the business won’t be able to meet customer demand
there’s a lack of work to do during the proposed working times
the business is planning changes to the workforce

see - www.gov.uk/flexible-working/after-the-application

Oly5 Mon 12-Mar-18 16:14:38

Yes they can do that. You’re changing the contract from five days to four and they are saying the day that will be lost must be a wfh day. If you don’t want to lose it you need to keep working full time!

Mamaalwaysworried Mon 12-Mar-18 16:21:01

Yes I wanted to change my contract to quit 1 day that I go to the office, not 1 day that i work from home.

Yes I've made a formal flexible working request, our HR are notorious for making your life more difficult, have no kids between them so there's little compassion...or care for others.

There's nothing I can't do from home that I do in the office.

Is there no legal support for mothers who simply cannot take care of their kids with certain working arrangements?

leghairdontcare Mon 12-Mar-18 16:22:24

Ok so what is their business reason for refusing your flexible working request?

Twickerhun Mon 12-Mar-18 16:23:48

What reason did they give you in their response?

I’m pretty sure people without children can have compassion.

Noeuf Mon 12-Mar-18 16:25:51

How do you work from home with kids though? Each case is dependent on when you can work surely? So if they need 3 days core office hours and can manage with then school hours/evening hours that's probably the reason?

SleepingInYourFlowerbed Mon 12-Mar-18 16:28:55

As a PP said, a formal flexible working request must have a business reason to be declined. However our work place requires at least two thirds of hours to be in office so they would decline your request for that reason.

Mamaalwaysworried Mon 12-Mar-18 16:29:01

"detrimental effect on the business"
"detrimental impact on quality"

because apparently having 1 day face to face with my manager would cause an issue on the business. Which is rubbish, I don't need to see my manager to do my job well, my manager agrees with this, but HR rules.

SleepingInYourFlowerbed Mon 12-Mar-18 16:30:03

Oh and working at home as a replacement for childcare is not acceptable in my workplace. Obviously working hours around school or similar is allowed.

MargaretCavendish Mon 12-Mar-18 16:30:46

Yes I've made a formal flexible working request, our HR are notorious for making your life more difficult, have no kids between them so there's little compassion...or care for others.

I don't think empathy is related to whether you've had children. For instance, you seem completely incapable of seeing the issue from another perspective, and you've had children!

Luckyme2 Mon 12-Mar-18 16:30:49

I think they can probably do this. You are asking to reduce your hours thereby changing your contract. They want/need you in the office for 3 days so you can go down to a 4 day week by dropping one of the work from home days.

mommy2ash Mon 12-Mar-18 16:31:46

Can you deliver the same level of work from home as you can from the office particularly if you are caring for children while at home? The people I know who work from home also have either another parent present or a nanny childminder. I don't see working from home as an childcare option unless you work for yourself. Perhaps your workplace see it like this also.

Mamaalwaysworried Mon 12-Mar-18 16:32:15

Noeuf I drop the kids in the mornings, come home, work and then pick them up again in the afternoon.

leghairdontcare Mon 12-Mar-18 16:32:34

If your manager disagrees with the reasons they have given then I think that's a good reason to appeal - do they have an appeals process? It's not required but it is good practice. Do you think your manager would back you up?

Luckyme2 Mon 12-Mar-18 16:33:22

I also don't think childcare is a reason to work from home. I don't think I'd be as productive working from home if I was also trying to look after my DC at the same time. If you need to drop a day for child care reasons it shouldn't matter whether you drop an office day or a work from home day

Mamaalwaysworried Mon 12-Mar-18 16:34:30

Who said I was taking care of my kids while working at home?

Mamaalwaysworried Mon 12-Mar-18 16:36:52

leghairdontcare Yes, there's a 14 days to appeal process, which I've gone slightly beyond, but I don't think they'd reject an appeal because I'm late.

Luckyme2 Mon 12-Mar-18 16:38:31

Sorry it was just the way you commented about there being no support for mothers who cannot take care of their kids with certain working arrangements. Made me think you want to drop a day for child care reasons. In which case it doesn't matter if you drop a home working day does it? Unless you want a 3rd day at home for child care reasons? Sorry if I've misunderstood

timeisnotaline Mon 12-Mar-18 16:40:37

You are welcome to appeal, but you may struggle to get support here because your misleading title makes you come across as rather precious. They aren’t taking a contracted wfh day away from you. You have chosen to renegotiate your contract and their terms are 3 days in the office. Perhaps you should start from this basis.

Mamaalwaysworried Mon 12-Mar-18 16:42:11

If there's someone here with legal background or advice, I'd appreciate that thank you x

SleepingInYourFlowerbed Mon 12-Mar-18 16:42:30

So they have given you business reasons but as your manager disagrees with them then you can appeal with that information.

Legally they can say no though, to answer your original question.

Viviennemary Mon 12-Mar-18 16:50:16

Yes I think they would be within their rights to do this. You are negotiating a change of contract by requesting to drop a day. They could simply have refused the request. So I think under the circumstances they would be able to do this.

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