To think I must have some rights here?

[Bringittbqqck]

I have worked at home since before covid one day a week. When the pandemic happened we were all fully remote. For the last four years most people are remote and come in only when necessary ie for a meeting etc. some people will therefore be in one day a month or one day every two months. There is absolutely no need to be in the office for the sort of work we do, unless we need to actually see a client in the flesh (this is rare).

I came back from maternity leave a year and a half ago. I have been in the office twice in that time for a team building day and for a client meeting on another day. There have been no issues. on my return everyone (including management) was keen to say that the working world remained different and we can work wherever as long as it gets done. This was massively important to me as I’m a single parent to my little girl and getting her to nursery etc is half a days work in itself and I have literally nobody to help me.

Yesterday my manager announced that he would like me in the office once a week from January. I know this seems like not much and that I should just go with it but I now live very far from the office, which was done on this assurance that ‘working life is different and you can work from anywhere.’

It will cost in excess of 50 pounds a time to travel in, with car parking and the train, and will take 2.5 hours each way. I am already close to the breadline with nursery fees and don’t know how I will mentally cope with this journey on a weekly basis when I have to fit in a nursery run around it.

i haven’t responded to my manager yet to address this as I was a bit taken aback by it. Surely I have some rights to resist this? It just not sure.

It's so hard isn't it. The snap change in expectations make it so difficult for people to manage their work & personal lives.
My husbands company expanded their job recruitment during covid as everyone was working from home anyway and benefited from a larger talent pool due to this. (We live a 2.5 journey from his office and have done since he was employed)
He left a fully remote job that was actually for a company only 45 minute commute away for this role and now they are demanding 2 days a week in the office!
As you say, it costs a fortune just in fuel & parking to travel that far 2 days a week which is also exhausting him and me as he's not available to help at all with our child in the mornings or evenings for 2 days a week. Or he has to shell out for a hotel to lessen his travel time.
He's their top performer and the only one left on their team who actually lives so far away so he's the most impacted by the new rule as well. It's really hard and taking its toll but eventually he'll just leave for something more flexible and it will honestly be their loss.
He hasn't been singled out yet though so he's only doing 6 days a month at the moment and we'll wait to see if they call him out.
Like you, his contract says that his office is his main workplace even though he didn't even step foot there for 2 years!

You've had good suggestions about contacting union, asking to push back the start date, asking for flexi, asking for just 2 days a month to go in, bringing your DC to childcare nearer to your work for that one day (I realise that that could be messy). Is your ex involved at all? It doesn't sound like it. Family support for that one day, could someone bring and collect DC from childcare?

My suggestion which I can't see, is to ask for a raise.

I would speak to ACAS as there may be an outside possibility of an argument for custom and practice if you have spent the last four years at home.

Good luck!

OP you are always going to have to sift through a myriad of poor “advice” when asking for employment law assistance on MN.

It’s entirely possible that WFH has been incorporated as a contractual term regardless of what your written contract says.

You need to identify what was agreed regarding WFH. Was this temporary or permanent? Did they put any end date or review date on it? Did it say they could call you back into the office with reasonable notice? If there was a temporary period, when did that lapse? Was anything said after that point?

When you moved house - did you notify your employer? Did you discuss the WFH arrangement then and reasonably rely on that provision when moving?

If the WFH is a permanent change then you don’t need a FW request because it’s already implied as a permanent contractual term. Only if it was temporary would you need a FW request.

If you relied on that term when moving house, it would be less reasonable for your employer to try and call you back into the office.

You may have some ability to challenge them, but you will need to look back at how the change was agreed to work that out.

This. And not only all this, but they have to reply within 2 months (unless you agree to give them longer - don't!) and they would be walking a very dangerous path if they tried to impose this new working pattern on you while that request was being looked at.
There's lots of good information on https://workingfamilies.org.uk/articles/flexible-working-a-guide-for-employees/ including a template letter (and you must submit your request in writing for it to be a formal Flexible Working Request) if you need it.

If your contract term is working at the office then allowing you to work from home 4 days is flexible working. Some companies changed their working policies over night to getting staff back into the office.
Although you moved further away that was your decision. You could ask to work for less hours in the office and work later on home days.

Probably best to look for another job. If you have been in your current role for 4 years OP then it might be time to move onwards and upwards anyway. Also if you get something else and put in your notice you may find your current company more willing to negotiate in order to keep you (including possibly offering more money!)

The thing is they have given you notice of the change. Your best bet is to ask for slightly longer to get your ducks in a row, explain that you'll need 6 or even 9 months and can agree to come in once a week from April. That gives you time to think about moving nearer work, changing childcare arrangements etc (or possibly simply changing role to a fully remote one or one nearer home).

It is genuinely not diffficult to come up with business reasons why people are needed to come to the office on a minimum number of occasions and if you push them to justify this they likely will, even if takes a bit longer to do it by the book.

One day a week is not a lot. The fact that people managed as best they could working remotely during covid because there was no choice, does not give employees carte blanche to argue they have an entitlement to work remotely forever more. Be careful what you wish for. If you aren't needed in person they may as well replace you with an even cheaper person in an overseas location.

This post and the myriad of similar ones should be a warning to anyone who only has WFH as an 'agreement' needs to look to get this firmed up if they want it to remain.

Not sure how though, we were back in the office the millisecond BJ said we could be. 😂 (I laugh or I cry)

Hi @fishingfor thanks for this. I work in IP but don’t have much knowledge of employment law. Do you mean that my contract has now changed through practice of having worked remotely for so long and therefore this new request to go in represents a change that I should be able to challenge?

@Escaperoom this is interesting, you think over four years is a long time to stay in a role these days? I was wondering this recently

Yes it definitely is!

I'm no expert to be honest (have been retired for some time) but can only go by the experience of my own adult children. My DS has never stayed more than 4 years anywhere so far and has always moved up in both job role and money by moving. DD stayed in her last job for about 5 years and moved about a year ago to a better job role, better conditions and better pay. It wasn't my experience, people expected to stay with the same company and climb the ladder internally back in the day, but I think times have changed.

I generally support the increased push to see employees at least once a week, I think it does help with effectiveness and culture. But lots of sympathy for your position- it sounds like you can’t afford to move back closer to work? And of course this isn’t an issue for your child’s father…. If you haven’t taken a day off since 2015 take one off now to think. Is that definitely the case you can’t afford to move? Please have a look, things may have changed or you may be in a better headspace to assess it than when you had a baby and your partner left ? If you think you can afford to move, say you need 6 months to move back closer. If you can’t afford to move, then go to hr and say this is a variation of contract that wasn’t discussed with me, I will continue to work from home. Them: your contract says x. You: I’m sure you know that the practice of my having worked at home for 5 years now is an effective contract legally and that is the terms you have to discuss with me about varying.
also, did you say it’s just you? Is this because others already come in once a week? This is very relevant as if it is just you they have concerns and you should start job hunting.
also, you must be close to the free nursery hours age and the budget pressures will ease then? (I hope you claim maintenance)’

Exactly. No need to complicate matter by claiming 'custom and practice', which is an argument usually reserved for minor matters. Your place of work is a fundamental term of employment, and if, by agreement, you have been working from home (without time limit) then that is your contractual place of work.
Here is an outline of your employer's responsibilities: https://www.acas.org.uk/changing-an-employment-contract/employer-responsibilities/proposing-employment-contract-changes

@fishingfor i have never had a limit on it. I’ve just worked this way for several years now. I’ve obviously had to go in when needed for a client meeting but not other than that and those meetings are rare as most are on teams. I was surprised I was asked to do one day a week as even those who do go in do ti every other week usually, again depending on what’s on meeting wise. This conversation was a few days ago now so im not sure how to deal with it as it’s almost like I’ve accepted what they’ve said?

I think you need to speak to your manager again OP. Explain that on reflection you want some clarity on why you need to do one day a week - I know you said for networking but is that something being rolled out for everyone? Just you/your role?

I would also be honest about what is going to make it challenging for you. Work with your manager to come up with the best solution that fits both yours and the organisations needs.

Hi OP, I am going to sound very harsh and unsympathetic but that is what parenting and working was like pre WFH/Covid. Dropping kids to nursery/childminder, rushing for trains, travel costs etc. I did it ( as a single parent) as did many others. All these matters influenced my geographical place of work. I don't know what your legal rights are in your situation but one day a week in the office seems more than reasonable to me. Not sure what industry you are in but is there a nearer work place?

@GivingitToGod I accept that but I’ve been successfully doing my job for four years plus, remotely. The fact it was harder for parents (women) pre covid is irrelevant and to be totally frank in response, it would be good it women stuck up for one another, not suggest because they had it harder then that should continue.

True, but pre-covid most people didn't get to move an hour or so away on the assurance that WFH would continue.

A lot of people have been left in the lurch over the past couple of years by companies suddenly changing their policies after previously being told it was fine to move away from the office.

I get your point, thank you

I take your point and IMO women have predominantly taken the responsibilities of child care and arrangements irrespective of the family unit.
I think the whole WFH movement has created a divisive workforce that epitomises unfairness.
It also allows some people to misuse and abuse the system ( I am not suggesting this applies to you). I know people who have given up paying for childcare as they WFH?
I really hope you can get something sorted that works for you and I can empathise with the enormity of single parenthood where everything ( emotional, financial and practical) falls on one person.
Take care

I think op you are likely to get the best response if you are honest and upfront about your difficulties, rather than trying to challenge it.

I would say you would really struggle with that ( l’d reference the cost more than the nursery thing as, as others have pointed out, it suggests you are spilling parent duties into working hours. ) I’d reiterate that you enjoy and appreciate your role, but could they support you with references if you need to find another - which, if they insist on this and you really can’t manage it, you are going to have to do (unless those t and c are more favourable than we all expect.)

If it comes to that, you are better to have explained things as they stand and been upfront, rather than resisting and losing and having to find a new job from that position. They may genuinely not realise the position it will place you in and may agree a compromise. But unless you took the job as a long distance wfh arrangement, I’m not sure one day a week will be outside what they are entitled to expect.

The way to re-raise the conversation is to say “Following our meeting the other day I have reviewed childcare options to see if I am able to support your informal request for me to come into the office every Monday and unfortunately there isn’t an easy way for me to be flexible here…..”