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?

Why did you apply for the job if the contract didn't say wfh? I'd go in once a month or look for another job.

@Stressedgiraffe Also, when you applied for the job what was the advertised position....was it office based or working from home?

I can understand a new manager wanting to get to grips with her team, build relationships and see how people are doing etc and I can also see that being a harder task if everyone is wfh. But that being said, I don't think it's impossible. I'd ask for a meeting with her, explain your circumstances and ask if there's anything she's concerned about regarding your performance or if this is about building relationships etc in which case I'd suggest scheduling regular meetings online where you can update her on your work and she can address any concerns or queries she might have? Failing that, I'd request either a bonus or expenses paid to cover your travel, food and accommodation for the days you're going to have to be in the office. Work out the costs in advance so you know if a bonus will cover this or not.

In the meantime I'd join a union and send them a copy of your contract so they can advise and represent you if it comes to that.

Ultimately I think if you join a workplace knowing you're contractually obliged to be in the office physically and you live too far away to commute, then you've left yourself in a tricky position. I think you need to renegotiate your contract but I'd want union representation for that.

Call ACAS - I’d argue your contract has been changed to WFH through custom & practice but I am not a lawyer, or HR bod - and I doubt anyone else who has answered so far is either! You could move this to work which does have several HR people who answer queries.

This is really common now.

During COVID, many firms allowed a sort of free-for-all and some people took jobs that previously they would not have considered (due to location) but times are changing and many firms want to return to how it was before.
I know it seems to make no sense but if your contract says office based then you may have a hard time getting them to back down.
This is where union membership comes in handy.

After WFH for 2.5yrs I was asked to go back into the office on a hybrid pattern but having seen that the grass was greener, I early retired instead.

Move to Work section. HR law should also deal with this. Lots of companies do want people in more than once a month.

An ex-colleague of mine (government but law based) decided to move from SE London up north (buy a house) over Covid, yet she was expected in some days. Guess who turned on the waterworks when she was asked to go in? She expected she'd be allowed to WFH even from a much further distance.

Surely as you were hired on a WFH basis this should be in your contract - if they hired you and it was agreed at the time you would stay living five hours away and WFH then imo it’s an error in your contract because you quite clearly WFH permanently and always have done!!! I would raise it in this sense. Get some legal advice; the fact you’ve always worked from home and they knew this when you signed your contract might change where you stand. If she wants someone in office so regularly and you’ve never done this it suggests to me that actually she needs to change roles round in her team.

Have a look at custom and practice implied terms. If you have always wfh in that role then by doing so for the duration of your employment it is an implied term of your contract that you wfg, regardless of what your contract actually states. I would recommend speaking to ACAS for further advice. Good luck.

Speak to HR and ask to be based 100% at home. Are you in a union? What sector is it?

Was this talked about when you accepted the job? I would’ve asked for it to be in my contract from then.

We have a few employees who work permanently from home, various reasons. If you are in a caring role, I think they might get thrown under the bus if they force you to the office when there’s no real need.

As your contract says HQ, WFH is just a bonus and it just so happens that you haven't been asked back to the office. When I did 'hybrid working' part of it was that we were within a 30 mile radius of HQ, in the event we were asked in. I was never asked in, over the 2 years however some teams were in more frequent.
You need to have the discussion with them and see what they suggest.

Lots of posts talking about pre covid and post covid - but for you @Stressedgiraffe that’s irrelevant because you have always WFH. Not the same situation at all!

After WFH for 2.5yrs I was asked to go back into the office on a hybrid pattern but having seen that the grass was greener, I early retired instead.

Heh.

But this is a cautionary tale for organisations, really. You can stop an employee from working remotely/hybrid. That doesn't mean you'll have an employee who's willing to do the office hours you want.

I think it's vital that OP gets advice from an employment solicitor, but also part of the equation here is essentially how much power she has. If she'd be hard to replace at the salary she's at, she potentially has more leeway than she would in a sector where there's lots of competition for jobs.

Once a month is a very reasonable request when your contract stated you should be in the office.

Presumably you knew where the office was when you took the job, or has it relocated? In which case that’s different matter

If it's a problem, why did you sign a contract that says you're based at HQ?
That's really basic stuff, and if you signed anyway I can't see how you have a leg to stand on.

Why though? As OP says its a global company and the team is worldwide. What is the point of travelling to an office when her team isn't there?and she has been successfully working from home for two years anyway and they employed her knowing she loved 5 hours away and wanted to be based at home.
OP I would ask why they want to change now. I know your contract says HQ but as you have been working from home since you started could you argue customs and practice?
If they don't agree I would start looking for another job

Not if you live 5 hours away it isn't!!

OP - speak to ACAS. As others have says there may be a custom and practice argument. Either way I would be pushing back and just keep saying that it's too far for you to come into the office.

It sounds like to never actually had a wfh role if your contract says place of work is the office?

What was agreed when you started working - what do you have in writing? Presumably you didn't sign a contract that said HQ and then just not turn up, so some agreement has been made even if it's not in your contract.

I can understand a new manager wanting people in the office while she gets to know them, so maybe you could agree a working pattern for six months and then back to quarterly?

Yeah this.

How did you come to take an HQ based job 5 hours away from home? Did you negotiate WFH, if so are the negotiations documented?

Your contract is office based so you should be available to go in as often as they like.

I got caught up in the post COVID in person push also. I've WFH 4 days a week or the last ten years. Last September they said everyone had to be back in the office 3 days a week including those whose work arrangements predated COVID.

I pushed back and was granted an exception on the basis that there was no business impact given I have been working that way for a decade.

Best of luck it does seem very unfair especially given the commute.

Surely the fact you live 5 hours away is a “you” problem not a “them” problem. I presume they didn’t come and recruit you - you actually applied for a position knowing where the office was.

2 years ago everyone was still being told to work from home. It was completely normal and expected to not go into the office. OP probably didn't even sign a contract (I don't think I've ever actually signed one) and was just offered the job on a home working basis. It's incredibly normal.

Guidance from just over two years ago