AIBU to continuously request hybrid working and think management are being unfair

[HelloWorld2577]

I work for a relatively small company. We have three offices over the country and yet only one of our offices works on a hybrid basis - I think this is unfair.

Just to clarify my role is admin. My role can be done the same from home as in the office and all offices have the same structure, we are all exactly the same just in different locations.

All staff at one of our offices work hybrid (60 home 40 office) - capacity of the office is not an issue, their office is actually larger than ours with less staff. Their manager simply said they work better when at home with less distractions (as we would too as it can get very loud).

However in the office I work in, and the other office we have, all admin must work in office 100% but ALL other staff including managers can work from home whenever they please and even have set days to be at home etc.

I personally feel the company are treating employees unfairly, but I don't think theres anything whatsoever that can stop them doing this - unless there is?!? All employees should be treated the same IMHO but they are not.

Every single time I bring it up they make ridiculous excuses. I've asked to WFH before when childcares been a problem (over half terms etc) and they've said 'no as you will be caring for your child'. I can slightly understand that. But when I have questioned the fact the other office WFH and we cannot they have said we need more staff before we can WFH ... makes no sense? They've said some newer team members would need training to WFH, but yet we have no manager in office as they WFH, so they don't get anymore support being in office they'd still have to call the manager.

Anyone know where I stand with this? Do I keep requesting it for our team or just leave it as theres nothing I can do? Surely employers should have to treat all employees the same?

They need to provide you with a reason in writing clearly demonstrating how your working from home will impact their business operations. Obtain this and go from there.

I think the fact that you have previously asked to WFH for childcare reasons has put them on guard. They don't want staff to be taking the piss and claiming to be working while actually doing childcare. They are quite reasonable to insist you work in the office if they can't be confident that you would actually do the work to the required standard at home.

I’ve voted YABU because you signed up for this. You can’t complain now as they don’t change the terms of your employment.

I've asked to WFH before when childcares been a problem (over half terms etc) and they've said 'no as you will be caring for your child’.

Rightly so.

People who request this really do spoil it for everyone. It takes the piss.

No they don’t.

She would have signed a contract stating the terms of employment.

If she doesn’t like it she can find a job that suits her better

I do get their response to a degree. It's half term. Would you expect them to agree to you taking your kids to the office? Your attention will be on your kids, not your work 100% at home.

The fact that the other office gets the perk is unfair, granted. That's what i'd be concentrating my query on xx

That was my first thought too.

Just because you WFH you still have to make arrangements for child care during school holidays, they are concerned you are going to be faffing around with your kids instead of working.

I think the childcare issue blurs it a lot - I won't approve WFH when the request is linked to childcare, as you can't WFH and care for a child at the same time. I obviously make an exception in emergencies when a staff member says they'll make up any time lost.
Have that's what is clouding their judgement? Have you tired asking for one-off WFH to concentrate on a project or piece if work so you can demonstrate reliability and productivity?

She has the right to request hybrid working under a flexible working policy.

I’d just look for a new job tbh.

When you say admin… is it reception / office manager type role? I think it’s often perceived that you need to be in the office to do these roles.

Regarding childcare… you can’t WFH and care for children because it’s half term. You wouldn’t really be focused on your role.

Yep they don’t owe you anything OP. You signed a contract to work in the office, they can refuse hybrid working- it’s not the job they hired you for.

There are hybrid jobs out there you can move to if this is important to you.

This, people thinking it’s ok to do this is ruining wfh for everyone.

Why don't you put in a statutory flexible working request... Then they have to reply in writing and giving one of a limited mum bet of reasons, though business needs is one.

Have you made a proper formal request?

If not do so.

DO NOT bring your childcare into it other than to say you have some so your child won't be there. You shot yourself in the foot a little bit there.

It is frustrating but I would look for an alternative. But WFH shouldn’t be used for childcare for children in my view below around secondary age, unless they are super mature. They are a distraction.

Do you have a HR department? You have a right to submit a flexible working request formally requesting hybrid, however you CANNOT look after kids and WFH.

If your kids are 12 and can look after and entertain themselves fair enough but you cannot look after young children while working. Nearly every organisation stipulates this in their WFH policy, and this might be why they are reluctant to let you do it.

You've told them you're going to take the piss! Of course they refused.

This

I suppose OP isn’t just referring to herself and her childcare issues but the fact that one entire office out of 3 is wfh and the other 2 - including hers- isn’t. So it’s not personal about her childcare.

yabu to continuously request it when the answer is no. Submit a formal flexible working request, but they don’t have to supply you with reasons why it will impact their operations, That is incorrect.

I recently helped someone with a similar request who was full of points like yours about how she can do everything from home and it was so much easier to concentrate and be productive (this is what everyone says) she really struggled to demonstrate this in any real way on the flexible working request. They have their reasons for making you come in, and you need to show that the advantages of you wfh don’t impact them. You won’t find that easy.

Of course you are being unreasonable - “You can ‘sort’ of understand” that your childcare issues will impact on your work. Your employers are expecting you to focus 100% on the work and not looking after your child. They can’t trust you to do this whilst WFH, so they are insisting you go to the office. What don’t you understand about this?

They can't do whatever they want. Legally anyone can make a request for flexible working. The employer can refuse this request for one of the following reasons.

• extra costs that will damage the business
• the work cannot be reorganised among other staff
• people cannot be recruited to do the work
• flexible working will affect quality
• flexible working will affect performance
• the business will not be able to meet customer demand
• there’s a lack of work to do during the proposed working times
• the business is planning changes to the workforce

The employer needs to be able to provide evidence for the reason they refuse the request. If refused it can be taken to an employment tribunal.

@Bobbingtons OP would have to prove their reason isn’t genuine-

everyone I have seen has simply pointed to harming performance and/or quality.

Check if your employer gave you a valid reason for refusing
Your employer must give you one of the following reasons for refusing your request:

• it would harm your performance in the job - or the performance of your colleagues
• it would cost the business money
• it would reduce quality or standards
• your employer would struggle to meet customer demand
• your employer would have trouble hiring extra staff to cover your work
• your employer would struggle to reorganise work among your colleagues
• there isn’t enough work to do at the times you want to work
• your employer is planning changes to the business structure and your request wouldn’t fit with the changes

If your employer didn’t give you one of these reasons, you can take them to the employment tribunal. You can also take your employer to the tribunal if you can show their reason isn’t genuine. This can be difficult to prove.

There will be a reason why one office can work hybrid and the others can't. I would advise you try and work out what this is before submitting a formal flexible working request to management.
That way, you can try and structure your request so it addresses the concerns they might have.

Common reasons why they might refuse wfh are if many of the people in the team are new or junior and need people around to support them; if the senior leaders in that office think they need on-hand support; or if the staff are the sort who would take the piss if they weren't in the office in person. Unfortunately you have not made things easy for yourself by already requesting wfh for childcare purposes, so you're starting from a weaker negotiating position.
To be in with your best chance of success, you need to state real, tangible, reasons why wfh would better fulfill the objectives of the organisation compared to being solely in the office. Quote your own corporate strategy and HR strategy (presuming you have these) in the request and clearly link the points in your request back to organisational values and behaviours.
You have to convince them it's not just better for you to work from home, but better for their business.