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?

Speak to HR and ask them if this new 3-day per week in the office applies to you. Don't forget, your employer has a duty of care for your welfare, so demanding that you spend 30 hours per week commuting is not looking after you!

I appreciate what you're saying and I don't disagree with you. However, in a particular situation where, for example, the prospective employee is given a contract and, prior to signing, they want a clause changed (say about how many days they want to be in the office) and they have a written response which shows that the employer will give that concession, most people, rightly or wrongly, would believe that a legally enforceable agreement has been reached.

You are saying that, unless the actual contract is changed, that written agreement is worthless (if the contract has that "whole contract" clause in it). I'm not arguing with your view, because I'm not a lawyer; I'm sure your right. If that concession isn't written into the contract it might be cock-up or it might be deceitful - but either way, I would feel hard done by if the new agreement wasn't honoured

Put in a flexi working request asap and use email agreement as a basis. Explain how a 3 hour commute each way would not be good for you and would make working to best of your abilities difficult etc. Explain benefits to the team as well.. they get the best of you etc.
I cannot imagine 3 hours each way :(

Is constructive dismissal still a thing?
I'd recommend you proceed as an exception ie you already have permission to WFH only 1 day per week because of your home location.
Otherwise, I'd fight back with constructive dismissal.
If you're not in the union, join it.

They are not allowed to limit it to only adjusting for physical disabilities as this is discrimination.

If you took on thd jobbon the basis of doing this commute just once a week, then they are trying to change your contract of employment. Speak to HR and explain their plan isn't possible but take advice before deciding on your next move. They are breaking your terms.

I would say the written agreement that you only have to attend one day a week has become part of your contract. Also as you have worked for 2+ years you have the right not to be sacked, including constructive dismissal. Could ACAS help? I'm assuming there's no union at your work.

What do you mean ‘organising their lives on this basis’ surely their lives are ‘at work’ on the other days, either at home or in the office!

Your role was agreed to be 1/5 in the office as part of a hybrid contract. The announcement should really be for office-based staff who have an option of WFH and are not hybrid.

They could ask that you hotdesk in an office closer to home I guess but otherwise if you have it as a condition of employment then they're going to have to accept it or find you an alternative role.

After 2 weeks you will have a disability, exhaustion, mental and physical.

No, you don't leave right away. You bring out the contract and go to the management and have a discussion. Let them know that you can't do it and will be forced to resign if required to do it.

You might also consider a room rental, and do the three days in a row. I know professors who do this in order to live in the place they love while working a job they love. If that's not possible, perhaps you can use your time off (if you have it) to take two of the days off each week while looking for another job.

I mean I wouldn't go for a role that came with a six hour commute anyway but here we are, that must be an incredibly long day?

To me this wouldn't be a redundancy situation given that you legally don't make people redundant. You make the role redundant and if they can argue that the work still needs to be done then it's not redundancy.

I would agree your first step would be going to HR and telling them your agreement of one day per week won't be changing and take it from there.

What do you mean ‘organising their lives on this basis’ surely their lives are ‘at work’ on the other days, either at home or in the office!

Is it really that difficult to imagine? If I organise my life assuming I will be 10 minutest from school and can pick DC up, it's different than when I have 3 hour commute home after the same working day.

Interesting @Negroany - thank you!

OK, I've just read up about that. Seems they've removed the word "consumer" but legal opinion is still that it's not very likely to be applicable.

Yes, I should have clarified that I wasn’t saying that UCTA would necessarily apply to employment contracts, just noting that UCTA is no longer the basis for consumer law contractual terms since the CRA came in.

(Consumer law is my area, but employment isn’t! Reading around it seems there are other reasons that UCTA may not apply to contracts of employment).

Absolutely - having to factor commuting into your day makes a HUGE difference

PwC right? I'm in the same boat 😓

Are you planning to comply?

She doesn’t have it in her contract. The contract has a vague reference to hybrid working. What OP has is an informal agreement that was made before the company policy changed.

Terms put in writing prior to signing an employment contract are legally part of your employment contract. This has already been explained multiple times on this thread.

To be honest I’m amazed that you have found one day a week of 3 hours there and back to be sustainable. I would not fancy doing
6 hours of commuting once a week.

Already looking elsewhere, it's absolutely ridiculous! I'm super PO about a) how they conveyed the message b) we're all supposed to comply like robots c) nobody has budgeted for it d) everyone has now adjusted to this hybrid lifestyle especially with young families e) my husband has cancer and I'm his primary carer and yes they still expect me to come in!

Some of our managers are petitioning, and prepare case to leadership - don't know if it'll work though 😕... ps- based in London