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

[Stressedgiraffe]

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?

Not being allowed to drive for medical reasons (which are your own business and I am not asking you to detail) is a disability. Probably would get you a Freedom Pass if you lived in London, for example.

Good luck with the advice a lawyer or ACAS can provide.

i hate to point of the obvious but it clearly does matter in this case or else there wouldn’t be an issue…😂

As others have said, it all depends if your contract is wfh. Once a month to go into the office seems a dream! Think of the commute and time there as time and money saved for not having to go into the office you may well be Contracted for every day? X

Good. It's imperative you get clarification on your legal position before talking to your manager or HR.

Though your latest update is interesting and significant. For all the breathless comments about redundancy, liking it or lumping it etc, some people are just much scarce than others. I wondered if this might be the case, actually. So that does raise the issue of whether the organisation would be particularly pleased with your manager doing this.

She sounds like the type of woman that if she wants to manage someone out she would stop at nothing to do so….just to get her way and prove to herself that she can and that you are not going to get in her way of doing so

Prepare for this to get a bit nasty, she will probably start picking holes in your work etc

As others have said, it all depends if your contract is wfh.

It isn't. Her contract states she is to work in the office.

Her job was recruited as wfh . And where did you read that utter stupidity that wfh is destroying the economy , the daily fail ?

Hi, I would speak to the new manager and HR manager regarding this to find a suitable solution. Ask them why they want you to come in and explain the situation, I.e distance, money, travel etc. Also ask them if working remotely is impacting the work you are doing. Because if you’re more productive WFH it would only be beneficial for them.
all the best.

I think the suggestions above to talk to an employment lawyer and ACAS are good. This new manager sounds like she is essentially redeploying you to a different post. If that's true, who is going to be doing the current niche post you were headhunted for? Surely it would not only be making you redundant and redeploying you but would leave them without anyone in this role as they couldn't make you redundant if the post still existed ?
She does sound as though she is determined to make her mark and you are the person she is choosing as an example. I do wonder whether HR / the rest of management would be in agreement though if they lose your niche skills due to her handling of wfh and projects. It surely has repercussions on the company if your current role is abolished? And in your current role as you said you are better suited to wfh as you can take meetings early in the morning and late due to other time zones.

OP I haven't read everyone's responses but have read your updates. Sorry your manager is being 'tricky', to put it politely!

I did want to say that a lot of people seem to be commenting based on what is stated in your written contract. A contract isn't just purely enforceable based on what's written down. If it is clear that both parties intended something different to what is written, then what is written is unlikely to be the 'reality' of the contract.

Hope ACAS can help further on this point but if you have evidence that you were hired to work remotely, have attended office only 2-3 times per year and claimed expenses for those visits, I would hope that demonstrates that from the outset you and employer both intended for you to be on a remote contract.

Good luck!

And in the interests of the company, they’re unlikely to risk a constructive dismissal case, if a quick word with the Line Manager can shut it down.

OP says here…..

“Stressedgiraffe · Yesterday 15:59
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.”

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... 🤷‍♀️

Make sure you have another job before you hand your notice in. You are in the right here.

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.

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

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.

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.

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.

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.

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!

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.

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...

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.

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