Not sure what to do new office attendance policy

[sunflower122]

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?

If you’ve got it in writing I think you pick up with HR as a starting point.

I think if you have it in writing that you only have to commute once per week then you can argue that the new office attendance policy doesn't apply to you. You could argue that it's a contractual element to be fair if it was written at the time of you starting.

Have you spoken to work about this?

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

It was agreed over email prior to starting does that make a difference?

I haven't spoken to them yet - I've just been a bit panicked - this is totally unfeasible for me!

Put in a formal flexible working request. If you have any health conditions you can also put in a request for reasonable adjustments under the equality act if the additional commute would impact your health.
And join a union if you are not already a member.
More info here, good luck 🍀
www.acas.org.uk/statutory-flexible-working-requests

Is this PWC? They've announced this today.

It does say exceptions for those with existing contractual arrangements.

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

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

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.

@Londonrach1

after two years???

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.

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.

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.

You already have an agreement. Just remind them.

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

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.

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

Straight to HR then love x

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

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

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.

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.

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.

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.

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%