Not sure what to do new office attendance policy

Hiya,

Union rep here! Your starting point is that you have a contractual agreement. An employer can change your contract but has to formally consult you etc during which time you can negotiate. If they don't do that you potentially have a claim for breach of contract.

Your other options are flex working request - either for caring responsibilities or because of a health condition - it doesn't have to be a physical impairment around driving, it could be the stress and anxiety that a 6 hour commute would create. They don't have to agree your request but do have to explain why they are rejecting it.

Initially, you need to know if this applies to you. If it does, consider your options then. I would focus on the role though and demonstrating how you can and have been doing it under the current arrangements with no problems.

Ultimately they could force you to do it, but with 2 years service, you could potentially have a claim for constructive dismissal if you had to leave.

Try not to panic, get some clarity. Join a union.

Isn't that unlawful? People could easily have a neuro condition which means they need to work from home more often. They can't possibly have a blanket policy like that.

You are 3 hours away and you have it in writing. In your shoes I'd just carry on doing what you are doing now, and wait for someone to challenge it - at which point, you say that when you joined the company you had it in writing that you only had to go in one day a week.

If push comes to shove, the fact that it's not in your contract might affect things, but custom and practice can also play a role. You'd need to get employment law advice at that point.

(and hope that Labour get their new employment rights bill through first)

I don’t know if it’s different where you work but why not speak to your line manager about it? And if it’s not a good reply then go to HR.

The line manager may not have known - in our company this policy was announced to all staff at the same time!

It is. Supplementary documentation that formed part of the negotiation to take the role is likely deemed part of the contract, circumstances specific . I have been though this with employees at various times in my life. The specific wording of the email is important though. Obviously it is a lesson to ensure everything you agreed is put in the contact though as it makes it much more cut and dry.

Post in legal. This sounds like it could reasonably form part of the agreed contract.

Your contract can be changed at any time as long as your employer follows procedure. This is usually a letter, discussion and notice period before the changes commence. Try to come up with a few alternatives that could work for both parties. Are there offices with a shorter commute? Could you do two days in the office booking a hotel overnight? It’s all about what compromises you are willing to make. If you are stuck on only working one day in the office then yes, you should look for another job.

Agree with HR as your starting point. Even a 3hr journey (do you mean 1.5 each way) is a long way. Our flexible working policy is subject to change. It was 40% when we returned and is now 60%. We have someone who lives quite far away and she does 1wk per month and stays locally but it’s still not enough for the new 60%. Our company is very flexible though (or soft?) and doesn’t enforce it for many. They wouldn’t sign off home working solely for distance. Can you move house?

Sounds like you have a contractual agreement to work only 1 day from the office. They would have to change your contract. Have you spoken to your union?

Do I need to leave pretty much immediately?

No you simply forward that email to your manager and remind them of the agreement. Job done.

Most employers who go this route recognise there will be exceptions to their policy, because they agreed to different arrangements either during covid or in order to hire afterwards.

Just remind your employer of what has been agreed. Ultimately they will either have to live with it, renegotiate or make you redundant. In any case you don't need to do anything now. Odds are they will live with it, for the foreseeable future at least, as long as most people come in to the office.

My partner works for a team in Manchester and we live in Brighton. He was told that he could work from home, in writing. It's a bank and they have recently recalled all staff. He has autism and worries about stuff to the point of vomiting and diarrhoea. A quick email to HR reminding them if the agreement was all it took. Stop worrying and ask them.n

^ information not informal

Email HR
”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”

I’d give no ground. If they agreed in writing as part of the negotiations then I think they need to make you redundant if they want to get rid of you. I would be looking for other jobs whilst resisting this, unless they immediately reply with “oops, we never meant for this new policy to include you. Of this doesn’t apply. Very sorry!”

Good luck defending that compared to if it's actually in the contract

Yes, it is. It's clearly an extra term of any employment contract.

OP would be silly to go for any compromise if it is a clear contractual term that she only spends one day a week in the office.

We had similar at our work place. Everyone was told via group email they have to do 8 days a month in the office, but I was then told afterwards that this did not apply to me. I'd get together all your emails etc where you were told remote working was allowed and go to your manager/HR from there.

I would agree. Don’t raise it with them, it’s irrelevant to you, you have a different agreement. If thy raise it then have the conversation that you have a different agreement. Don’t get into discussion. There will be loads of people who just ignore it, let your company concentrate on them.

In the email exchange regarding WFH did you mention that you will only take on the role on the provision that you only commute 1 day per week. I think this in the message exchange may make a difference to the outcome.

@pinkfleece what are your legal qualifications? An email can absolutely be part of a contract.

You have it in writing - go to HR. Why was your first thought to leave immediately? That’s the drastic option surely.