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?

This reply is spot on.

Especially this: All they need to do is "remind" HR of their contractual agreement.

@sunflower122 this is what you need to do. If you are still unsure or get push back then you call ACAS for free advise on what to do next.

I'd also recommend reposting in the Work section where you will get knowledgeable advice. Here in AIBU you are just going to get loads opinions, many of which, whilst well meaning, don't know what they are talking about.

Variation or mobility clauses do not give free reign for an employer to make significant or detrimental changes without consultation.

When is the 3 days a week from? Do you have time to find another job before this comes in to force?

Even a hybrid contract should say what the split is. So 4 days a week from home and one day a week in the office. You need to see what your contract states. But if he doesn't specify the number of days, anything less than 5 is hybrid.

Sorry to disagree but some Contracts do give the employer the right to move people. I wasn't saying the employer has free rein. I was saying the Employment Contract may allow employers to move people but the employer usually has to take factors such as being a parent or a disabled person into account. This is why an individual employee often benefits from expert advice from a union official, experienced rep or Acas.

I haven't read the full thread and I'm not a HR lawyer; however, I have been round several redundancy and restructuring scenarios.

The company is entitled to change policies if it feels the business requires it. Those who don't want to accept new terms and conditions and revised contracts will be presumably offered redundancy (with all the procedures that involves, such as consultation periods etc). If not then they will be able to sue for constructive dismissal.

There’s so much uninformed nonsense on this thread.

I’ve inherited a team (of employment lawyers actually 😂) where 4/9 of the individuals work from home the whole time. The other 5 do 3 days a week, choosing whichever days they individually want. No formal arrangement, but it’s been custom and practice for the past 3 years. It’s disjointed and hybrid meetings are clunky and slow. Work is reactive, there’s little interaction with these individuals beyond email, as there’s little cohesion or face to face contact.

With appropriate consultation and notice, I’ll be changing the working pattern to be office-based 3 days a week from 1st December. We have internal stakeholders who will do the same. Everyone will be in the office Tuesday/Wednesday/Thursday. Meetings on these days will be in person. The whole team will wfh Mondays and Fridays. I’d like to keep the team in place for the time being. Some may leave of their own accord, as the new arrangement may not suit. In 1 day, I’ve had 70 applications for a new role in the team. I can backfill departures.

Certainly take advice from Acas in your case. If they decide to push ahead with the change, it may be that you’re mostly wfh role is made redundant and a new role has more office presence.

Yes, they are called mobility clauses and variation clauses. They allow the employer to make reasonable and what would be considered minor or non detrimental changes to terms and conditions without requiring consultation like work location (within reason), duties etc. Possibly changes to hours if this is already provided for in a specific clause e.g. the employee accepts the contract on the basis that their hours can be worked any 5 out of 7 etc. (Although c&p may come into play).

You suggested a variation clause may give the employer the unilateral right to override an already contractually agreed working arrangement of 1 day a week in the office. a variation clause does not provide for this, as this is not a minor, non detrimental change.

The emailed agreement forms part of your contract

I’d be curious as to how their contracts were written though. There is a difference with a contract saying ‘right to flexible working’ which then they say is on a case by case discretionary basis and someone who has their schedule written into their contract as an express term.

I agree. Also my Contract was changed years ago so that any amendment agreed by recognised union was deemed part of the employee's Contract. It then became un-necessary for individual employees to agree changes. This is why Contract is very important and expert advice is needed

I'd assume that as this has come as a surprise, there is not a collective bargaining/agreement involved in this situation.

Would be a shite union if so. And for agreeing to lesser favourable terms.

OP I hope you get it sorted. The chances are, HR will just tell you not to worry, that one day per week is ok.

If this is PwC (and assuming it is based on the timing of the announcement and your post) you can't leave immediately anyway, due to the length of the notice periods.(assuming you didn't negotiate a shorter one)

I'd find out if you are an exception before doing anything hasty.

No I don't think I did, Megifer. I said the Contract was important in determining what an employee could be asked to do and expert advice would help the OP. I'm not too sure why that seems to be quite offensive to you. I don't know what your background is and I'm sure you're well-intentioned but Employment Contracts don't always say only minor changes (and "minor" is subjective) can be made. Most Contracts allow changes unfortunately and a way of pushing back is to get expert help from a union official, experienced union rep, Acas. Or if it comes to it, legal advice (sometimes through legal add-on to Home or Car insurance - I helped a relative get compensation from a rogue employer from Home ins add-on).

"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...."

you suggesting a variation clause may give ops employer the unilateral right to implement this change. It doesn't, for reasons explained.

My background is many years in HR 😊

Unless I misunderstood and your sentence "many Contracts have a provision.. ." immediately following the reference to ops email/contract saying 1 day a week wasn't actually referring to that and it was a general observation?

Either way, op has it confirmed her location is 1 day a week WFO. And this was the basis of her accepting the contract so would be considered part of her terms (assuming op would have mentioned of they were specific about it being a loose/discretionary arrangement). So they cannot rely on a variation or mobility clause to unilaterally change her terms without consultation.

This is my last reply as you appear to be quite angry for reasons I don't understand. I never said an employer has a unilateral right to amend people's mobility for example. I said the Contract is important. I said people's situation such as being a parent, carer or disabled might be factors the employer would have to take into account. I said the OP might benefit from expert advice. Why you feel that's controversial I'm not really sure. I hope you have a good weekend and relax.

Something similar happened at my work. I'd speak to your line manager in the first instance. Tell them what you said here. At our place, a load of people were left in this weird position for a long time of being remote but officially they were meant to be in 3 days per week. It was a stand off. Recently, they've been moved to remote contracts. Ultimately, thd business didn't want to loose them so held off any sanctions.

This and totally unreasonable to expect a 3 hour commute each way.

This,you don’t need a flexible working request as you have a contractual agreement to your hours. Dig up the email, send it in to hr, and say these are the grounds on which you employed me, my understanding is a policy change doesn’t override my contracted employment terms. Could you please confirm this to my team? I live 3 hours away, I only took the job on the grounds I come in 1 day a week.

if hr do that thing where they are clueless about the actual law you may need to see an employment lawyer for some back up. And as someone’s said they can renegotiate your contract, but that is work for them and at least would give you time to think.

I wouldn't submit a flexible working request. It just gives them an opportunity to refuse it. The ball is in their court. Explain the situation to your line manager and then allow them to make the next move.

I'm not angry at all why would I be you've not pissed me off? I was just correcting you.

It doesnt matter whats in the Contract in this instance, the company cannot rely on a variation or mobility clause that you refer to as this would not be considered a minor or non detrimental change.

Can be, but isn't automatically. Many contracts state "all of the terms are those contained in this contract" (known as a whole of contract clause) in which case other agreements made do not form part of the contract.

Can be, but isn't automatically. Many contracts state "all of the terms are those contained in this contract" (known as a whole of contract clause) in which case other agreements made do not form part of the contract.

If it's PWC it isn't coming in until January, so that's not a huge issue.