Not sure what to do new office attendance policy

They can't have blanket prejudice against reasonable adjustments. For one, not only physical disabilities can affect travel, for two, they're discriminating against people with e.g. caring responsibilities.

For what it's worth, I think blanket attendance policies are a blunt tool aimed at a specific problem. It's not so much hammer to crack a nut, it's hammer to hit a nail, some nuts, soft fruit and a puppy. It only solves a small part of the problem they're trying to fix, makes some things worse, and lots of employers leave it as "job done".

But no office business stands or falls on whether people are in the office a certain percent.

Speak to Acas for advice before going to HR - the HR dept is there to protect the business so you should be prepared before approaching them as they may not offer the best solution for you.

As above - I would act from the beginning like you think this can't possibly apply to you!! The people who get away with stuff at work are generally the ones who just front it out...what are they going to do, drag you there? would take them ages to get through a disciplinary for non-office attendance but I'd bet they would never attempt it as they'll know contractually they're on very shaky ground!

1. Do nothing
2. If challenged by management say "you will need to speak to HR about it I have a permanent contractual exception".
3. Do not engage unless there is formal HR meeting where you can continue to state your position.

One of three outcomes:
A) If they make your life so difficult you feel you have to leave you will potentially have a claim for constructive dismissal so negotiate a financial settlement and good reference.

B) As they cannot physically enforce this so would have to go down a path of trying to get you on board with a change to your terms and conditions which if you don't agree ultimately means you'll be sacked and a tribunal would need an extremely strong case as to how the business was suffering with you working remotely to win https://harperjames.co.uk/article/changing-employment-terms-and-conditions/#section-8
C) They drop it.

There is a world of difference between someone who lives within a reasonable travel distance of the office (1 hr), who took a job hoping that they would only have to do one day a week and this scenario. No one in their right mind would have taken the job unless they were given assurances.
I assume the reason for the hardline is that if Bob can work remotely successfully then so can we all.
Best bet is the quiet approach initially but be very clear indeed that your circs were discussed, that no one would sensible change job to that location without an assurance.
Failing that, I'd be looking for another job and compensation from them.

Do not put in a flexible working request. That implies that your previous agreement is not applicable. I am a stubborn cow and I would bluntly refuse citing the email agreement. The ball is in their court as to how they then take things fowards.

Contact ACAS and ask them where you stand.

Union and HR

you have it in writing and took the job on given this offer. They can change terms but need to consult if it results in a change in contract. However if you have a hybrid contract then it still sits within that definition.

the point here is that you have agreement in writing from them about 1 day per week.

will you get very far with this? Possibly not, but it’s worth a try.

Most contracts, including employment agreements, have what’s called a complete agreement clause which expressly excludes and prior conversations, agreements, documents etc from forming a part of the agreement. You can have whatever email you want that specifies wearing pink on Tuesdays but if the contract then excludes it, then it’s not a part of the co tract. Check for that, and check for anything around the hybrid part / location of the work which says that the company may change the location from time to time (again, very usual because businesses do move).

start the conversation with your line manager who is more likely to support you than HR will. Let the line manager tell HR what the line manager wants.

Does your office location attract a salary enhancement such as a London allowance?

Where did you do your law degree and training contract?

Speak to HR and ask for clarification as a starting point

”Thank you for the informal regarding your change of policy. As you will know, my contractual terms and conditions are for one day per week. I therefore am not subject to the change in policy. Many thanks”

This is what you need to send.

She's been working those hours for.2 years, there is an established pattern, and she has the email

Is that legal?

I'm not a lawyer, but it feels wrong

I would go back to HR and copy in any emails you can find relating to the 1dpw arrangement, saying you assume it doesn’t apply to you and it’s unfeasible

same happened to me except in my case it is theoretically feasible (just very difficult). I challenged and was told no exceptions (despite like you I was employed on a 1dpw office basis, sadly nothing in writing to back this up but they know it happened). They can’t cope with a mass walkout though and by and large the new policy has been ignored which is very frustrating for those who are dragging themselves in. Total mess tbh.

however I know at Manchester United they’ve been told like it or lump it and loads have had to resign- many were recruited remotely during the pandemic and live hundreds of miles away. They’ve been told come in 5 days, no exceptions. Batshit. They’re now struggling to find space for them all to sit.

Hi OP I have a kind of similar arrangement to you.

I live up north my hub office is down South.

I visit once a month. This was agreed prior to me signing the contract and it’s in my contract. Our office has a 3 day a week policy but obv it doesn’t apply to me.

Good you have your agreement in writing but in future even better is to get it in your contract.

E-mail HR along the lines of ‘presume this doesn’t apply to me because of our attached agreement? Has your manager said anything to you? They might just assume you know it’s not relevant to you so no need to be on the offensive yet. Be confident. Rather than asking them to consider it it doesn’t apply to you, go there stating it doesn’t apply to you. More convincing. 😉

Just to add that my employer stipulates a minimum of 2 days per week in the office, but plenty of 'local' agreements exist, where line managers have discretion to make other arrangements

This.

What is the place of work listed on your contract?

It can be. Verbal agreements can be contracts.

I think it will turn on the terms of the email
If it says no way will you ever have o attend the office then that's one thing
If out says currently there are no plans increase days in the office that's another thing
I would send the email to HR and say you assume the new directive does not apply to you and take it from there
And contracts can always be changed
Companies are ramping up staff coming in to work ,and I think that is likely to increase

If you’ve got it in writing then you’ve got evidence. I’d start by speaking to manager.

Three days a week in an office could be two at a local one. Is this an option?

There’s a lot of “advice” on here that has no standing in law.

Your employer can consult with you to change the current terms and practices. It may lead to a redundancy situation.

Be open and reasonable and ask HR how the new edict impacts your specific arrangement confirmed in writing on x date. They will take it from there.

That would be unlawful in itself - a flexible working request can only be rejected on one of the statutory grounds and “you’re not disabled” isn’t one of them. It must be outdated, it’s been YEARS since disability/caring responsibilities were criteria for FW requests.

The email may be part of your T&Cs (but on the flip side, the contract could have a clause stating that it supersedes all previous agreements and is the entire agreement between the parties…)

It would be helpful if you have over two years service.