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?

It is. Supplementary documentation that formed part of the negotiation to take the role is likely deemed part of the contract, circumstances specific . I have been though this with employees at various times in my life. The specific wording of the email is important though. Obviously it is a lesson to ensure everything you agreed is put in the contact though as it makes it much more cut and dry.

The line manager may not have known - in our company this policy was announced to all staff at the same time!

I don’t know if it’s different where you work but why not speak to your line manager about it? And if it’s not a good reply then go to HR.

Isn't that unlawful? People could easily have a neuro condition which means they need to work from home more often. They can't possibly have a blanket policy like that.

You are 3 hours away and you have it in writing. In your shoes I'd just carry on doing what you are doing now, and wait for someone to challenge it - at which point, you say that when you joined the company you had it in writing that you only had to go in one day a week.

If push comes to shove, the fact that it's not in your contract might affect things, but custom and practice can also play a role. You'd need to get employment law advice at that point.

(and hope that Labour get their new employment rights bill through first)

Hiya,

Union rep here! Your starting point is that you have a contractual agreement. An employer can change your contract but has to formally consult you etc during which time you can negotiate. If they don't do that you potentially have a claim for breach of contract.

Your other options are flex working request - either for caring responsibilities or because of a health condition - it doesn't have to be a physical impairment around driving, it could be the stress and anxiety that a 6 hour commute would create. They don't have to agree your request but do have to explain why they are rejecting it.

Initially, you need to know if this applies to you. If it does, consider your options then. I would focus on the role though and demonstrating how you can and have been doing it under the current arrangements with no problems.

Ultimately they could force you to do it, but with 2 years service, you could potentially have a claim for constructive dismissal if you had to leave.

Try not to panic, get some clarity. Join a union.

That would be unlawful in itself - a flexible working request can only be rejected on one of the statutory grounds and “you’re not disabled” isn’t one of them. It must be outdated, it’s been YEARS since disability/caring responsibilities were criteria for FW requests.

The email may be part of your T&Cs (but on the flip side, the contract could have a clause stating that it supersedes all previous agreements and is the entire agreement between the parties…)

It would be helpful if you have over two years service.

There’s a lot of “advice” on here that has no standing in law.

Your employer can consult with you to change the current terms and practices. It may lead to a redundancy situation.

Be open and reasonable and ask HR how the new edict impacts your specific arrangement confirmed in writing on x date. They will take it from there.

Three days a week in an office could be two at a local one. Is this an option?

If you’ve got it in writing then you’ve got evidence. I’d start by speaking to manager.

I think it will turn on the terms of the email
If it says no way will you ever have o attend the office then that's one thing
If out says currently there are no plans increase days in the office that's another thing
I would send the email to HR and say you assume the new directive does not apply to you and take it from there
And contracts can always be changed
Companies are ramping up staff coming in to work ,and I think that is likely to increase

It can be. Verbal agreements can be contracts.

What is the place of work listed on your contract?

This.

Just to add that my employer stipulates a minimum of 2 days per week in the office, but plenty of 'local' agreements exist, where line managers have discretion to make other arrangements

Hi OP I have a kind of similar arrangement to you.

I live up north my hub office is down South.

I visit once a month. This was agreed prior to me signing the contract and it’s in my contract. Our office has a 3 day a week policy but obv it doesn’t apply to me.

Good you have your agreement in writing but in future even better is to get it in your contract.

E-mail HR along the lines of ‘presume this doesn’t apply to me because of our attached agreement? Has your manager said anything to you? They might just assume you know it’s not relevant to you so no need to be on the offensive yet. Be confident. Rather than asking them to consider it it doesn’t apply to you, go there stating it doesn’t apply to you. More convincing. 😉

I would go back to HR and copy in any emails you can find relating to the 1dpw arrangement, saying you assume it doesn’t apply to you and it’s unfeasible

same happened to me except in my case it is theoretically feasible (just very difficult). I challenged and was told no exceptions (despite like you I was employed on a 1dpw office basis, sadly nothing in writing to back this up but they know it happened). They can’t cope with a mass walkout though and by and large the new policy has been ignored which is very frustrating for those who are dragging themselves in. Total mess tbh.

however I know at Manchester United they’ve been told like it or lump it and loads have had to resign- many were recruited remotely during the pandemic and live hundreds of miles away. They’ve been told come in 5 days, no exceptions. Batshit. They’re now struggling to find space for them all to sit.

Is that legal?

I'm not a lawyer, but it feels wrong

She's been working those hours for.2 years, there is an established pattern, and she has the email

”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”

This is what you need to send.

Speak to HR and ask for clarification as a starting point

Where did you do your law degree and training contract?

Does your office location attract a salary enhancement such as a London allowance?

Most contracts, including employment agreements, have what’s called a complete agreement clause which expressly excludes and prior conversations, agreements, documents etc from forming a part of the agreement. You can have whatever email you want that specifies wearing pink on Tuesdays but if the contract then excludes it, then it’s not a part of the co tract. Check for that, and check for anything around the hybrid part / location of the work which says that the company may change the location from time to time (again, very usual because businesses do move).

start the conversation with your line manager who is more likely to support you than HR will. Let the line manager tell HR what the line manager wants.