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New manager want me in the office. I wfh-help!

539 replies

Stressedgiraffe · 29/01/2024 13:30

We've changed management structure so my new manager wants me in the office. Ideally once a week but might settle for every month.
I've been there over 2 years. I wfh permanently but my contract says HQ.
I live 5 hours away always have done. They knew where I lived when I started. I go into the office about every 3/4 months for a few days .
Could I push for a change in location in my contract or do you think I'm screwed?

OP posts:
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6
Roselilly36 · 31/01/2024 08:28

Do not hand in your notice OP, I can understand why you feel that way, but don’t play into the new managers hand.

I am sure HR will confirm that you were employed as a remote worker, with occasional trips to office. It could be that new manager has been given the remit to get people back into the office and is unaware of the terms of your employment. Or simply wants to manage you out of the role. Either way, it’s not on.

Definitely get some legal advice, ACAS.

good luck OP.

peakygold · 31/01/2024 08:13

Something tells me you have fallen into a rabbit hole of thinking you are doing your employer a massive favour. A fair day's work for a fair day's pay, and all that. They don't pay you to be a carer. One day in the office a month might remind you of that fact. Harsh, but true.

angela1952 · 31/01/2024 08:07

Stressedgiraffe · 29/01/2024 13:49

It just seems stupid. The team I actually work with are global.so teams meetings in different timezones. At best I could do 1 day a month it would mean 2 nights in a hotel every month. Which if they don't pay expenses I can't afford. I'm the sole earner for my family as I have a disabled dh.
She seems to want bums on seat.

My daughter also normally WFH for her global team though she usually goes in one day a week and doesn't have your journey. They want staff to go in more but expect them to hot-desk and 25 people only have 6 desks. My fear is that they're trying to cut down on the number of staff - she doesn't belong to a union.

MeMyselfAndMyEye · 31/01/2024 07:52

I wanted to add, I wouldn't be in a rush to hand in your notice. The jobs market seems weeker and remote options are becoming less frequent.

Bur do start looking and get some good legal advice.

EmeraldA129 · 31/01/2024 05:23

Stressedgiraffe · 30/01/2024 19:50

After today I'm close to handing in my notice. I calmly stated that it was a change contract . She agreed that I was hired remotely but she likes people in the office. She also wants to move me to projects not in my niche expertise ( which I was hired for) I pushed back and she stated she's going to HR. Argh
Maybe being managed out she hates my old manager and has been quite blunt about her feelings for him.
Time to look for a new job I think

Definitely time for you to speak to HR, make sure to express concern about the proposed change to your role & your work pattern, especially given your personal responsibilities

FloofCloud · 31/01/2024 03:24

Do you need to WFH to support your disabled DH? Are there policies at your organisation for carers / disabilities carers?
I'd go to HR myself, don't rely on her and also if your contract states your niche area then is she trying to deskill you?

DahliaRose3 · 31/01/2024 02:23

Don't need to go in on a daily basis, as lovely as they are. I do like seeing people and socialising, but have health issues which have always made office working very difficult.

DahliaRose3 · 31/01/2024 02:08

Many many bitter people on this thread. I don't think geographical location should matter if you're getting the work done. You shouldn't get paid less: it's about skills. If more companies paid this way, more places would be better off, as the money wouldn’t all be diverted to London. People in lower paid jobs are the ones that suffer, and there you are gleeful at people being paid even less. Shame on you.

Furthermore, its not entitlement, it's progress. We have weekends, and children no longer work, women can vote, and we have unions…

Boris and his mates want people in offices, cry me a river; do you know how much rentals cost? They've more than made their money on those rentals.

People have disabilities, and chronic illness, and your colleagues aren't your friends. Though I have made friends in all my roles, I have other priorities now. Presenteeism is so f stupid and backwards. I'm not against seeing my colleagues in person, but I don't need to. I don't want to be sat on the floor for 2 hours in a train and pay a day’s wages for this pleasure.

We are slaving away 40 hours plus a week, yet we are still struggling with cost of living crisis; and to add insult to injury we also have to be in an office, so we can stay under someone’s thumb as adults. Even when this isn't the case, people don't actually socialise all that much in the office; not unless you're going in regularly. It's mostly heads down.

It's even more ludicrous when you think that we are in the era of AI…we are so advanced, yet so backwards.

Why can't we have a mix - people that want to go in, those that don't, those that want to occasionally. If employees are happy and productive, and companies save money (smaller offices), and the environment is benefitting, then what is the issue?

You can be a slacker at home or work, before you try that argument. Other businessws such as Pret that are losing out, well my friend, business is about adaptability. You have to change with the times. Some won't survive, and that is the nature of business.

AllTheChaos · 31/01/2024 01:42

likethislikethat · 31/01/2024 00:22

I'd have them all back in the office or collecting P45s.

Why? And what would you do about the constructive dismissal lawsuits?

IamOliveOil · 31/01/2024 01:16

Let her go to HR if the HR are any good they will tell her what she wants she cannot have, you have done it from the start and have evidence to say you were employed on that basis, just because it’s written in your contact doesn’t mean anything as you have been doing it so long it has become custom and practice and therefore an implied term and if it were me I would be requesting a copy of the grievance policy as they should be consulting formally if they wish to make this change, you can go down the informal route first and if they don’t listen go formal.
I would then submit a flexible working request, I think they would struggle to reject it given that that’s what you were employed to do and have been doing so for 2 years without issues. There are 8 businesses reasons they can give to reject and unless you are under performing I wouldn’t see how they can reject that. Good luck and don’t take any shit, if you have over 2 years service then don’t resign contact acas and get your ducks in a row first.

weirdoboelady · 31/01/2024 01:15

I would lean heavily on the employer's responsibility not to discriminate against you because you are a carer. It's so obviously a WFH post (whatever the contract says, and it sounds as if you have a lot of paperwork to support WFH) and they need to accommodate your carer's rights plus possibly your own rights depending on the reason you don't drive (which I've elicited from other posters rather than reading the thread as carefully as perhaps I should). Yes, legal advice a good idea, but hopefully HR will fold if you happen to mention that you are taking advice about the above points.

Added bit of gratuitous advice - your manager does sound to be in the wrong, but give her wriggle room and let her come out of this feeling good. Remarks like 'of course carers' rights are so new that no line managers have time to keep up with all this stuff' (said a bit more elegantly than that) will show that you appreciate the difficulty for her but because of your own life experience and difficulties know that the law is there to support you....

JFDIYOLO · 31/01/2024 00:25

Speak to that employment lawyer and go over your JD, communications from them about the role and your contract in microscopic detail! Get a definitive line.

Expenses for an agreed regular attendance might be negotiable especially as they headhunted you.

Manager requirements may be changing because the role and the business and its needs are changing. Refusing to adapt can be what gets people managed out.

likethislikethat · 31/01/2024 00:22

I'd have them all back in the office or collecting P45s.

TizerorFizz · 30/01/2024 23:47

@ClaudiaWankleman A contract may or may not have written terms (it should) but the minute you do a job and accept money from an employer for the work, you have a contract. An employee must be given a written statement of terms. The mistake here was not to write in the variation agreed at the time of employment.

The terms of the contract can be varied by agreement. In this case they have been because the employee is not working full time at HQ.She is working remotely which the employer knew about and agreed to because it’s been happening. Therefore she’s working remotely by contractual agreement by both parties.

So being asked to go into the office is another variation. The employee can agree to it or not. Usually employer and employee negotiate. As part of the negotiation the OP could be compensated for agreeing to the varied contract the employer now wants. The employer must consult with the employee and listen to them but must also give details about why a variation is necessary. There must be good reasons for it and bullying or taking control aren’t good business reasons. This should involve a written proposal and discussions. Most people can agree and find a solution. Contracts of employment escorted varied and employers should know how to approach this by making a sound business case for any change to a contract and written terms and engaging with the employee.

IdleAnimations · 30/01/2024 23:31

Stressedgiraffe · 30/01/2024 21:42

One of the things that is really pissing me off is I was there for 3 days a fortnight ago for workshops. At expense £500 or there abouts.so it's not like I never go there. Training workshops etc I go !

So sorry OP. I’m sure I’ll get flamed but this sounds like a classic case of a new Manager coming in and throwing their weight around to feign making an impact. Insulting your previous manager so candidly and so early on speaks volumes.

If you can, don’t leave as I’m sure you’d have a case with HR. However I also understand that if you’re like me, you’d rather leave toxic people as it grinds on you. Best of luck x

IdleAnimations · 30/01/2024 23:29

Startingagainandagain · 30/01/2024 20:05

@NewYorkie39

''WFH is destroying our economy''

What is your evidence for this?

I think you will find that the Tories and Brexit have destroyed the economy...not flexible working.

I also think Covid showed us that our economy was so reliant on a city centric (especially London) throwaway culture. If our entire economy relies on us taking over priced trains and buying coffee from PRET - then we have a pretty poor economy.

Our productivity has lowered indeed but I can’t help but wonder if that’s not from WFH, but from people being battered by COL, years of suppressed wages, rubbish public transport, horrific housing costs and covid showed a lot of us that we actually crave a better balance in life.

I’ve personally enjoyed seeing my own area revived with independent bakeries/cafes, shops and local meet ups since the hybrid boom. I’d much rather give my money to them when I can rather than Pret or Starbucks whilst waiting for yet another cancelled train that costs a days wage.

Svalberg · 30/01/2024 22:58

Hopefully one of your current competitors has a need for your niche skills!

Every sympathy - I'm a contractor and a new PM on a project came in & wanted all contractors to work from their offices, which would have had IR35 implications. I, and others, had no option but to leave the project, leaving them in a bit of a hole. Some used their contacts to get positions working for the firm that were the ones that the original company were working for...

M103 · 30/01/2024 22:55

Oh, and if you are forced to leave because of this, this is constructive dismissal. You can take them to an employment tribunal. But I've heard the process is long and difficult.

Lavenderblue11 · 30/01/2024 22:54

There seems to be a push to get people back into the office, annoyingly. However, your new manager sounds like an upstart who is exerting her authority for no valid reason when you have wfh successfully for so long. You always get job's worths, that's how they rise the ranks. Meanwhile, I have no real advice to offer except for finding another wfh job and telling the new manager to stick this one up her arse!

ClaudiaWankleman · 30/01/2024 22:53

I don’t know why everyone is hung up on a contract. Not only is it pretty normal to not actually sign a contract, it’s not even required that your employer provides one before you start work, so OP would have never known. Very clearly if they recruited on the basis that the position was remote, and it has remained that way for two years, then whatever the contract says is irrelevant.

Bloody hell there’s a lot of idiots who fancy themselves as lawyers around.

M103 · 30/01/2024 22:52

Hi. I haven't read the all the responses, so apologies in advance for any repetition. I have contacted ACAS on this issue as in a similar position. They have told me that what is agreed when you are hired is contractual even if not in the contract. You can find this information on their website as well. This would be true in theory even if the agreement was verbal, but the problem is you can't prove it if you do not have anything in writing. Looks like you do have proof though. If you had been with the company for less than two years, you wouldn't really have any rights (apparently they only thing you are protected against in the first two years is discrimination based on protected characteristics, otherwise you can be fired without reason). But you have been more than two years, so you are fine. A colleague whose friend or relative is an employment lawyer confirmed that what Acas said is true.
Call ACAS for advice. Learn your rights. Don't listen to anyone who tells you you have to go to the office, how can you work from home etc. You were hired to work from home and it is your legal right to do so.
A lawyer - one of your posts mentioned you can get some advice for free - may be able to advise what your next steps should be. I can't really advise on this as my situation is slightly different. I am less than two years in my organisation and I have the support of my manager (it's senior managers that want people in the office). There is a significant number who are in the same boat in our organisation, so HR is going to investigate.
Good luck with this. I hope it all works out in the end. It must be a very stressful situation.

Teenagehorrorbag · 30/01/2024 22:51

Don't just leave! You have emails and other evidence that your workplace was remote, plus it would have been illegal for them to pay travelling expenses to and from the office if that's your normal place of work. So whatever the contract says it has been superseded by custom and practice!

I'm not sure you can try the 'reasonable adjustment' argument as it's your DH not you who is disabled. But a supportive employer would take it on board.

If you can find a better job and you are happy to then fair enough - but if you would prefer to stay there under your current terms then I'd say you have a great case for constructive dismissal and a payout. (Which hopefully means they will back down - although things may not be the same after the threat, a compromise agreement might be a better option....). ACAS will advise, but you've always been flexible within reason and it worked perfectly well for two years! (You do need 2 full years service for a claim).

Does the firm have an HR dept you can contact? Good luck.

Flatandhappy · 30/01/2024 22:39

It would appear to me that the fact that you have been working from home for two years means that there has already been a variation to your contract terms. If for example an employer changed your terms and conditions and you don’t challenge them but continued to work under the new conditions you would be deemed to have accepted them so I would say the same applies for you. It is years since I did employment law in the UK though so I would check with your union if you have one or CAB if they still give employment advice.

Switcher · 30/01/2024 22:36

That really sucks I'm sorry. Hope you can resolve it or find another role quickly. Yanbu

GoingToBeLessRubbishAtLife · 30/01/2024 22:36

surreygirl1987 · 30/01/2024 22:27

I've found the original job spec and it's a remote position as well as emails before I started with HR confirming its remote with occasional visits to the office.

Yeh, but that's not the contract is it? Her contract states office.
Also HR did confirm in writing that she does need to go into the office occasionally, so... 🤷‍♀️

Ok, how about these?

”Stressedgiraffe · Yesterday 18:35
As I said earlier I have the job spec and emails that say the job is remote.
My new manager ( who was part of the recruitment process when i repeatedly asked if this was remote) now wants her team in the office at least once a week .
Go to post
Stressedgiraffe · Today 19:50
After today I'm close to handing in my notice. I calmly stated that it was a change contract . She agreed that I was hired remotely but she likes people in the office.
Go to post
Stressedgiraffe · Today 20:22
I knew where they were which was why I stressed remote working during the interview process. I have it in writing it was remote.”

OP says somewhere else that everyone who works from home in the UK has ‘HQ’ as their place of work.

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We've changed management structure so my new manager wants me in the office. Ideally once a week but might settle for every month. I've been there ov...

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