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?

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.

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.

An email isn't part of the contract.

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

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.

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.

You have it in writing - go to HR. Why was your first thought to leave immediately? That’s the drastic option surely.

@pinkfleece what are your legal qualifications? An email can absolutely be part of a contract.

In the email exchange regarding WFH did you mention that you will only take on the role on the provision that you only commute 1 day per week. I think this in the message exchange may make a difference to the outcome.

I would agree. Don’t raise it with them, it’s irrelevant to you, you have a different agreement. If thy raise it then have the conversation that you have a different agreement. Don’t get into discussion. There will be loads of people who just ignore it, let your company concentrate on them.

We had similar at our work place. Everyone was told via group email they have to do 8 days a month in the office, but I was then told afterwards that this did not apply to me. I'd get together all your emails etc where you were told remote working was allowed and go to your manager/HR from there.

OP would be silly to go for any compromise if it is a clear contractual term that she only spends one day a week in the office.

Yes, it is. It's clearly an extra term of any employment contract.

Good luck defending that compared to if it's actually in the contract

Email HR
”Thank you for the informal regarding your change of policy. As you will know, my contractual terms and conditions are for one day per week. I therefore am not subject to the change in policy. Many thanks”

I’d give no ground. If they agreed in writing as part of the negotiations then I think they need to make you redundant if they want to get rid of you. I would be looking for other jobs whilst resisting this, unless they immediately reply with “oops, we never meant for this new policy to include you. Of this doesn’t apply. Very sorry!”

^ information not informal

My partner works for a team in Manchester and we live in Brighton. He was told that he could work from home, in writing. It's a bank and they have recently recalled all staff. He has autism and worries about stuff to the point of vomiting and diarrhoea. A quick email to HR reminding them if the agreement was all it took. Stop worrying and ask them.n

Most employers who go this route recognise there will be exceptions to their policy, because they agreed to different arrangements either during covid or in order to hire afterwards.

Just remind your employer of what has been agreed. Ultimately they will either have to live with it, renegotiate or make you redundant. In any case you don't need to do anything now. Odds are they will live with it, for the foreseeable future at least, as long as most people come in to the office.

Do I need to leave pretty much immediately?

No you simply forward that email to your manager and remind them of the agreement. Job done.

Sounds like you have a contractual agreement to work only 1 day from the office. They would have to change your contract. Have you spoken to your union?

Agree with HR as your starting point. Even a 3hr journey (do you mean 1.5 each way) is a long way. Our flexible working policy is subject to change. It was 40% when we returned and is now 60%. We have someone who lives quite far away and she does 1wk per month and stays locally but it’s still not enough for the new 60%. Our company is very flexible though (or soft?) and doesn’t enforce it for many. They wouldn’t sign off home working solely for distance. Can you move house?

Your contract can be changed at any time as long as your employer follows procedure. This is usually a letter, discussion and notice period before the changes commence. Try to come up with a few alternatives that could work for both parties. Are there offices with a shorter commute? Could you do two days in the office booking a hotel overnight? It’s all about what compromises you are willing to make. If you are stuck on only working one day in the office then yes, you should look for another job.

Post in legal. This sounds like it could reasonably form part of the agreed contract.