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Not sure what to do new office attendance policy

207 replies

sunflower122 · 05/09/2024 22:28

I took on a new role around two years ago. The company wanted me to be based in a particular office further north (about a three hour each way commute away.)

I said that was fine but I could only do that commute once a week. This was agreed in writing. I genuinely would not have taken the job if they had not agreed to this - my old job was fine!

The company have now announced a mandatory three day a week in the office policy.

I genuinely cannot do this with a six hour commute and it wasn't the basis on which I accepted the role.

Do I need to leave pretty much immediately?

OP posts:
glimmmer · 06/09/2024 07:05

Hi @sunflower122 . If you agreed even by email that it’s once a week then you absolutely do not need to commute more than that. Please ignore the posters suggesting you need a flexible working request etc… if you took any steps like that it could imply you didn’t think the email meant what you’ve explained in your OP:

I work in a similar area of law. Obviously I am not giving legal advice but if you agreed you were to go in once a week so you accepted the job, you absolutely do not now need to go in more. Don’t panic and just say your contract is to go in once a week.

storminabuttercup · 06/09/2024 07:03

We have similar in my work, have you spoken to your manager to see if there's leniency based on your previous agreements? We have loads of people with 'local' agreements so although it's policy they don't have to do the three day thing.

BlueMum16 · 06/09/2024 06:59

sunflower122 · 05/09/2024 23:39

Contract is a bit vague really it just says hybrid 🤷‍♀️

Is there a local office that you can attend rather than the one 3 hours away?

pinkfleece · 06/09/2024 06:58

HotCrossBunplease · 06/09/2024 06:58

She has it in writing. It’s still part of her contract despite not being in the main document.

An email isn't part of the contract.

HotCrossBunplease · 06/09/2024 06:58

pinkfleece · 06/09/2024 06:55

Then you were very foolish to take on this role without the 1d per week being contractual, sorry.

She has it in writing. It’s still part of her contract despite not being in the main document.

pinkfleece · 06/09/2024 06:55

sunflower122 · 05/09/2024 23:39

Contract is a bit vague really it just says hybrid 🤷‍♀️

Then you were very foolish to take on this role without the 1d per week being contractual, sorry.

HotCrossBunplease · 06/09/2024 06:54

A good line manager would have given you the heads up before the policy was announced and confirmed it would not apply to you. You should not be left worrying about this.

Your colleagues aren’t going to feel hard done by if they know where you live and that you accepted the job on the basis that you would not be moving house. Most people tend to chat about that stuff when they first join, don’t they?

I have one remote colleague who lives in Manchester, our office is in London. He was recruited as a remote hire. We London people have to be in 2 days a week. He comes down once a month. Nobody thinks that’s unfair. There were solid business reasons for hiring him but he would never have been able to move to within commuting distance of London.

Rewis · 06/09/2024 06:53

My bfs worked returned to hybrid but strongly encouraged 5 days a week on office and occational wfh. When bf was hired he was told that he can wfh so he was allowed to wfh 100%

UpTheMagicFarawayTree · 06/09/2024 06:47

What a shame some companies are so backwards in their thinking. They will probably lose some great staff over this. If you've got emails confirming your 1 day a week then that should be enough. I would speak to HR and make them aware of your agreement.

LaughingElderberry · 06/09/2024 06:38

sunflower122 · 05/09/2024 23:39

Contract is a bit vague really it just says hybrid 🤷‍♀️

But if your specific attendance was agreed in writing at the time, then that written agreement is a side note to your contract and is therefore still relevant.

Contact HR, send them a copy of the written agreement with a reminder that due to distance this agreement was a specific condition of you accepting the job when you joined.

It will go one of two ways - either they agree and it's done and dusted. Or if they don't because they want everyone in, then they will tell you that your attendance agreement needs to change - in which case you could push for them to make you redundant as it's not feasible for you to do a 6-hour commute and if they insist on attendance then they have fundamentally changed the requirements of the role meaning it is no longer a suitable job for you because you cannot fulfil the 3 day attendance requirement.

Calamitousness · 06/09/2024 04:01

I agree with not putting in a request for flex working. You already have it. Look out the email and have a conversation with your line manager along the lines that this new edict obviously doesn’t apply to you before you go to the HR team. You could always raise a grievance/constructive dismissal claim otherwise since you have it in writing. This is more than a 90 day notice of change in working conditions requirement.

Herewegoagainnnnnn · 06/09/2024 00:54

Speak to your manager and then if needed to HR. I’ve been a hiring manager with a similar situation - and the company policy changed, and I made an exception for that individual as I had agreed it in writing when hiring it was 1 day a week. HR did try to push me on it but they were doing their job effectively and it would be a pain to replace and train and I held firm. The company may pull the ‘well it’s unfair on other staff’ card but quite frankly as a manager I had to own then decision to make and exception, and I had to just suck it up and deal with any moaning from the team on it.

NachoChip · 06/09/2024 00:50

I'd start with the assumption that you will be an exception. A six hour commute three days a week is unreasonable and they know they'll lose you if they enforce it, and you have an agreement in writing. They're probably coming down hard on the policy because otherwise people will flout it. I run a business and get it....they need to set out their stall. They will make an exception if you have a particular skillset they need and is hard to replace. If you fall into that category you're probably ok

MissTrip82 · 06/09/2024 00:42

I wouldn’t put in a flexible working request, I’d take the position you already have an agreement on your working arrangements.

Ginnnny · 05/09/2024 23:41

sunflower122 · 05/09/2024 23:39

Contract is a bit vague really it just says hybrid 🤷‍♀️

Straight to HR then love x

sunflower122 · 05/09/2024 23:39

Ginnnny · 05/09/2024 23:00

What does your contract say regarding remote working? Check and contact HR with the email exchange stating the one day a week on site agreement. If company policy has been updated since this agreement and it’s not in contract you may argue your point unsuccessfully I’m afraid.
I work in HR and we are struggling to get people hired during covid to start coming in, it’s a ballache but contract terms will stand over informal agreements usually

Contract is a bit vague really it just says hybrid 🤷‍♀️

OP posts:
sunseaandsoundingoff · 05/09/2024 23:29

Honestly if it was a general company policy announcement I would assume it wouldn't apply to me. Best to check, but since your contract says something different I would act surprised they think it should include you, personally.

Ginnnny · 05/09/2024 23:00

What does your contract say regarding remote working? Check and contact HR with the email exchange stating the one day a week on site agreement. If company policy has been updated since this agreement and it’s not in contract you may argue your point unsuccessfully I’m afraid.
I work in HR and we are struggling to get people hired during covid to start coming in, it’s a ballache but contract terms will stand over informal agreements usually

Josette77 · 05/09/2024 22:47

You already have an agreement. Just remind them.

GreatMistakes · 05/09/2024 22:45

sunflower122 · 05/09/2024 22:37

The guidance accompanying the policy specifically says these will be rejected unless you have a physical disability preventing travel (I don't)

I'd slargue that you don't need a flexible agreement putninnplace, you have a different contract to your colleagues. Start with stating your position to your boss, escalate to hr or union as needed. No need to get wound up yet.

jelliebelly · 05/09/2024 22:45

You don't need to leave you need to negotiate. If you have an agreement in writing that you only need to commute one day a week then in the circumstances they might agree to that plus 2 days in an office closer to you for example. You need to discuss with your line manager and if no joy raise to HR. There are always exceptions to the rule.

GreatMistakes · 05/09/2024 22:43

Your starting point is hr. You have a written agreement in place which givem how long its been in place could be argued as a contractual change. If they want to overrule it then they need to jump through various hoops.

YeahComeOnThen · 05/09/2024 22:41

Londonrach1 · 05/09/2024 22:34

Is there a closer office you can attend. Can you get your old job back.

@Londonrach1

after two years???

Loopytiles · 05/09/2024 22:40

They can’t simply ‘reject’ a contractual agreement, and email exchange and custom and practice can be part of your contract. They can probably alter your contract with notice etc and refuse a flexible work request.

DGPP · 05/09/2024 22:40

If you have it I writing or on email then I’d forward it to your manager and say it was the basis on which you excepted the job. Explain that the commute is 3 hours each way and not feasible more than once a week, which is the basis on which you accepted

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