Do I have any rights here or do I need to leave my job?

[Ippagg]

I went back to work a month ago. I have a one year old, no other support, no partner, no family to help with practicalities. I work four days (one day taken as holiday each week). Since covid I went into the office 5 times in two years. Now I am back, my previous manger left the company and I am being managed by a new man, he has worked here years but apparently was never into working from home.

I really need to work from home for my life to work. It takes 1.5 hours to get to work and costs a lot. But the main issue is I don’t know how I would fit in picking up DD. He has now said that I need to be in one or two days a week, and that the company is trying to get people in and he thinks work is more productive in the office. I work in insurance, he is management level and I am close behind him, I don’t earn loads but enough to not want to jump ship unless I have to. I genuinely don’t need to be in the office to do my job, as shown since 2020. What do I do here? Very stressed.

Pre covid I was in the office every day and an hour a half away from my ten month old in nursery, sometimes it just has to be done. If there's no blanket policy and it's at manager discretion then I think you could maybe succeed with a flexible working request though. But a lot of places have now brought in blanket policies - ie 40/60 - and it does seem to be accept it as policy or go elsewhere to be fully remote. And they may argue only asking you come in once a week is already extremely flexible and it's a business need to do so. Our nursery did 7-7 which made it possible for me to commute.

@boozeclues thanks so much for your post. I am not sure what posters are referring to about more in office work these days… from jobs I’ve looked at advertised in my industry, nearly all say remote working with limited in office days. I just didn’t want to leave this company as I like it. I do feel it has become an established pattern, long after covid. There was never a suggestion I needed to be in and my PA also has been in six times this year! So it’s very frustrating that this has been raised.

@Ippagg you are welcome, I do remember from some HR training there is some legislation over established patterns v contractual demands.

let me dig it out

Businesses are definitely going back towards people being in the office more, it's been in the news.
Where I work it's 2 or 3 days a week

I think the problem some managers have is what would you have done before covid and wfh kicked in? You couldn't have left the office every day for picks ups presumably?

You do have an argument that your contract has been changed due to you working this way for so long ,but contracts can be changed again
I would put in a flexible working request
However it is not unreasonable for companies to want staff back in
Just because staff think they are doing the same job WFH the company may not agree it is best for the company overall

Speak to them if there are others at your level that are able to work at home all the time - this is a strong argument

However, remember that your childcare issues are not your works problem, so this is a weak argument

I feel for you OP.

Definitely exhaust your avenues at work first - you are a tenured employee so you have rights that your should try and leverage first.

Definitely put in a formal flexible working request and definitely also approach HR too.

Also begin connecting with other managers at existing workplace as other internal roles could be a consideration.

1.5 hours away with a one year old baby with no additional support is really really logistically challenging and hugely anxiety inducing.

If you are skilled and valued and your employer values your work / output / contribution then you would hope that they would try to retain you based on what you actually deliver for them as opposed to where you are when you do that.

Of course it’s been in the news, because it works for the news industry if people are back in the office firstly to buy their papers and secondly because they are usually bankrolled by big landlords. Doesn’t mean it’s actually happening.

I work in the same sector with the same desires of 2 days a week.

My advice - this isn't about getting f the job done, it's about company culture, the value of face to face time etc. so any request that says 'but I can do my work from home' isn't worth it because that's not their goal.

However. Your distance with child isn't feasible and this is where you have a more legitimate reason to request working from home where perhaps you could go to the office once a month for your 121 and organise any key face to face meetings. You can explain that it might not be forever but right now you are really struggling with being her sole parent, the logistics of travel and the distance in the event something happens. And it will - sickness will be rife for the next 6 months

So tackle it from this angle and they will struggle to say no. Offer to review in 6 months time when things are settled.

Don't take the angle of ' but I've worked from home for xx' because so has everyone else, and getting the work done isn't their goal.

Yabu. It’s not “absurd” that they now want you in the office some of the time as that’s what your contract says. My company did the opposite and never told people they had to come back, and now the office has completely closed due to underuse. That’s far worse imo - those of us who were going in regularly now have to wfh permanently. It will be terrible for the business long term.

If it’s a good job, is another option to move closer to work? The main problem is the 1.5 hour commute. Even with just a day or two in the office, from experience that won’t work with childcare. From experience, when nursery or school call to pick up sick kid, it’s mega stressful to be far away and rely on trains or road conditions to get back quickly.

There’s apparently some pressure from government on larger businesses to get people back in the office to boost the economy growth - no tickets, coffees, lunches bought etc. Not sure if that’s true or a myth

@Butterfly898 I work in recruitment, it's happening
Not everywhere but it's happening

It’s not a long term thing. When she’s two she will move to a bigger nursery with better hours so it will be easier. She can’t start there until two though, they don’t take them. So I’m in this situation for a year basically.

FFS jealous posters? Really? That’s how you refer to people who give advice that you don’t like. At least put in a more mature response rather than jealous posters.

I would put in a formal flexible working request to HR.

If you have done the work from home mostly for 2 years and there have been no performance issues it is proof that the job can be done that way.

It is also is your long term, established pattern of work.

The fact that ''he thinks' that people being in the office is better is not based on actual evidence or business needs...it is just his subjective opinion and prejudices.

You should look at the overall official organisation policy on flexible working.

Speak to ACAS as well about them trying to change an established pattern of work without your agreement.

@Startingagainandagain that doesn't solve anything though. Even if ACAS agreed (they won't) the company has a right to change that pattern simply by giving notice. And given the OP previously did work from the office 5 days a week she needs a mother reason as to why she can't do that now.

It's not the workplace situation that has changed, it's the OPs

She has very reasonable grounds for working closer to home a significant proportion of the time, and this should be the basis for the request.

Don't make this an issue about the company/Covid cos it won't work.

Make it about you and your reasonable needs.

@YoBeaches

''@Startingagainandagain that doesn't solve anything though. Even if ACAS agreed (they won't) the company has a right to change that pattern simply by giving notice.''

Nope. This happened to me: I had an established work pattern which included working from home one day a week. My manager suddenly decided I should be in the office every day without even consulting me and for no obvious business reason.

I spoke to ACAS who stated that there is such a thing as an established work pattern and that the employer could not simply change it without discussing it with me and looking at what impact the change would have on me. I challenged the employer and needed up keeping my day working from home.

We have had to change employees contracts on many occasions and as long as you go through a fair process it is absolutely fine
For us it’s about the business doing well , ensuring everyone gets paid ,including us

That's my point, employers can still change it through consultation, so doesn't get the outcome the OP needs.

I’m an HR Director and I don’t agree. Must be different industries!