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?

You just tell HR this isn't feasible for you as agreed in writing before you accepted the role. Your current WFH arrangement forms a part of your contract of employment and if they no longer accept this you will have to leave and look into making a claim for constructive dismissal.

absolutely do not leave. You've got it in writing. If they agreed that before you started and you've since been working to that pattern for 2 years, those are your t&c. In the same way if they agreed to pay you X amount they couldn't then pay you less for the same role without going through a formal consultation. Join a union NOW if you haven't already - they usually don't help with things that have only just come up when you join but you can drag it on as long as possible and then bring it to them.

I might not even contact HR and just continue going in 1 day a week - it will probably take a while for someone to even notice. Then when they do say 'Oh I assumed it didn't apply to me because I only took the job on the basis I could do 1 day a week.' Then let them drag you through the whole disciplinary process if they want. Go off sick with the stress of it for a few months if you need to. They will probably end up either agreeing to honour it, or if they sack you you can go for constructive dismissal/or you agree to quit and they'll pay you off to avoid going through all the faff - in the meantime you've bought yourself several months of pay and time to look for a new job rather than rushing into anything.

I wouldn't normally encourage the above but if they are going to be hardlining twats then play the system.

Possible on current terms, yes, but three days a week commuting for six hours is a different matter.

My company introduced a 3 day office requirement. I had negotiated only 2 days via email when I took the job and have never done the 3. It has not been an issue.

It is wrong.

I don't have a physical disability, I am autistic and I would find a 6 hour round trip as well as being in an office environment impossible.

The employers cannot just state that only physical disabilities are an exemption, it should be reviewed on a case by case basis and unless there is a solid business reason that this cannot be accommodated, it should be accommodated.

Irrespective, not all "contracts" are written as a contract, or even written at all. Some contracts are in effect, but in this case OP has a rather handy email prior to accepting the job that she would only be able to accept this job if they could accomodate her needs and they have said that they will so that is an in effect contract. This thread needs to be moved to legal so OP can get some proper advice.

Though if this were me I'd be looking for alternative employment as they don't sound like they're actually all that bothered or clued up on workers rights.

This is incorrect advice.

Any significant changes to agreed terms of employment have to be consulted on and agreed. If no agreement they can fire/rehire (for now), but the company would have to demonstrate that was a proportionate action necessary for business operations.

Agree with others advice where they say work on the basis this doesn't apply to you as you have your arrangement agreed in writing as part of your offer and take it from there.

And they can state its a blanket "no" to FWR all they like. Their policy does not trump legislation.

Also constructive dismissal is extremely difficult to prove so it would not be advisable to just quit and take them to tribunal. You'd need a lot of support to evidence that this was a case of constructive dismissal including exhausting the grievance processes, and being denied things like reasonable adjustments or bullying and harassment which would be targeted and not a blanket policy change across the entire business.

Ridiculous that people are saying to get hotels - as soon as you set that expectation you’d be stuck with it and while it can be £50 per night, dynamic pricing means it can suddenly also be £150+. Plus dinner and breakfast. Not to mention the disruption to your home life! I looked at doing this but after nursery fees I wasn’t going to break even on the extra office day.

I’d raise it informally at first and then start looking for closer alternatives if it was clear they were going to apply it to you too. I think they can change your contract to enforce it, but they’d have to give you contractual notice - have a look in your contract!

Hmmm my workplace have also announced this so wonder if we work at the same place! Loads of people have working arrangements agreed at interviews which aren't going to be upheld so some people are leaving, others are putting in flexible working arrangements and some still thinking.
I can't understand the reasons behind it but I've not been there long.

This. You’ve agreed something and that’s that.

I don't think I know anybody with a family life that could randomly start being away 1 or 2 nights a week. Let alone the cost.

And on top of that - it's not what was agreed when she took the job.

Reasonable adjustments apply to disability cases. There is no need to prove bullying or harassment for that type of claim!

Constructive dismissal means demonstrating a) a fundamental breach of contract by the employer, b) a resignation directly in response to that breach and c) doing so without delay. It’s actually legally fairly simple. The reason so many of those cases fail is that people don’t understand the legal test and think they can resign just because they’re a bit pissed off.

If the change is enforced though a grievance would be sensible.

So sarcastic for such little reason

Hotel and food costs might mean it's not worth the OP's while. Plus disruption to family life. Plus this is not the job she signed up for.

We've just been through this although mandated EVERY day in the office. People who had flexible working contracts were given 12 weeks notice which is apparently all that is required. Naturally they just left leaving even more of an issue with many vacancies and pressure on the people that remain.

Why on earth should OP have to incur the cost of a hotel and time away from her family every week when she was recruited by them in the full knowledge that she lived 3 hours away?

Loads of people have working arrangements agreed at interviews which aren't going to be upheld

It isn't that simple to unilaterally change agreements.

Are you in a union? If so, contact them. If you aren't, go the Acas website and contact them for advice. Check also if your company has a grievance policy and put in a grievance. Sorry to say HR are paid by the company and aren't always helpful to individual employees. That would be my advice as a former union rep

If you've been doing something for more than 2 years it effectively creates a contract in itself.

"People who had flexible working contracts were given 12 weeks notice which is apparently all that is required."

Shame as the employer cannot just serve notice of this sort of change.

Arguable case for constructive dismissal if they aren't careful too.

There was a material change in the circumstances - this new decision.

OP doesn't mention that there has been any change of circumstances claimed as the reason for change. Company's own decision just because they feel like it is not change of circumstances.

The Contract may override an email saying one day a week into office is fine. Many Contracts have a provision to vary workplace/travelling time. But there may be a policy saying varying a workplace beyond say 20 miles and/or an hour's extra travelling time is not supported. Or if the OP is a carer or with children to collect from school or is disabled, those are material facts. But that's why the OP needs advice from an experienced union official or rep or Acas, rather than people with great intentions but no knowledge of the Contract of Employment, I politely suggest.

I would be tempted to carry on as you are and then if they pull up out up say you thought it didn't apply as remote working was part of your agreement in taking the job. If you stay under the radar you could get away with it longer.

I would start looking at other jobs just in case.