WFH / office days in new employment agreement

[catspyjamas1]

Hi all. Posting on AIBU for traffic as time sensitive.

I have verbally accepted a job offer. The policy is 3 days in the office (fine - its central London and my commute is an hour door-to-door from the shire).

They have sent me the employment agreement and not stipulated the 3 days, nor any provision for communicating changes to the policy in advance.

For context:

1. I used to work indirectly for this company until three years ago. As a result of Covid & return to work era in offices, they mandated 3 days in the office a couple of months before they sold the subsidiary I worked for. It was deeply unpopular and handled very badly from a comms. perspective.
2. I was recommended for the role by a very senior member of their leadership team. I went through several rounds of interviews and my experience is quite niche for the role.
3. Since 2020, I have primarily been WFH. Before that, I was full time commuting 5 days a week for nearly 15 years. I do not want to go back to full time commuting and have no issue with 3 days a week. I have no interest in increasing beyond that and want to protect myself from any increase in the next couple of years at least.

So: I have requested a few amendments to the agreement. One is stipulating the 3 days and that any changes will be communicated in advance (I suggested 30 days).

They have replied it is a standard clause they will not edit.

I am deeply uncomfortable signing this agreement. I am also in a position that I can decline to move forward and find a different position, even if it takes a bit longer out of work.

YABU: accept the agreement and take the risk the company will increase office days.
YANBU: try push back, and decline the role if they refuse to add the current mandated 3 days with provisions to communicate any changes in advance.

If you're confident of being able to find something else then I don't see the point of turning it down. If they do increase office days in future then you can just leave - is 30 days going to make that much difference?

Accept the role but keep an eye on other roles that come up.

Let's be clear they aren't changing it as they want the flexibility to change it in the future (and to be consistent with other employees contracts).

I agree with pp that if you otherwise like the job and could find something else if they increase the number of days I don't see why you wouldn't accept it and leave if that happens.

@ArtTheClownIsNotAMime 30 days was an arbitrary number I picked - I did say that whatever the company could do was fine.

I will also be on six months probation and reporting to someone in the US who is not a year into the company (my tenure before and post selling is around 13 years) - so beyond a company wide policy change, I want to ensure that a) my line manager cannot randomly ask for more days for "business need" and b) during probation if they perceive things aren't working out, use increased office days as part of any performance requirements.

Save the next job hunt for when/if they make you do more days. Seems silly to do it the other way around.

My answer is still the same. Whatever your contract says, it won't bind them to let you work two days from home forever.

Exactly! I do understand their position on wanting that flexibility.

This is your only chance to negotiate the benefits that are important you - and you see this as an important part of your benefits package and a factor in whether to accept the role. Definitely get it put into your contract - I did with my most recent role.

@JassyRadlett You negotiated this exact thing recently? Any colour you can add to this, please?

About three years ago. I got in for a fixed period (minimum of two years) with intent to remain that way permanently, with an agreed period (three months) of consultation before any amendments to working arrangements agreed in the contract, including an amendment to the hybrid requirements at any point.

For me the two years + consultation period were key to get through a particular era of childcare needs. Tbh though if they tried to go to 5 days a week I'd be out. I've turned down more lucrative roles on the basis that this is a key ask for me.

My approach with all these things is that if you don't ask, you'll never know.

I was in a similar position in my current job. I have a longer commute and can only go in 1-2 times a week due to nursery hours. They wouldn’t change the clause because “it’s standard”. 2.5 years later I’ve not been asked to do more.

If they won’t change it, take the job anyway, and cross that bridge if it happens. At that point it would cost the company to replace you and you might actually be in a better position to negotiate some flexibility.

To be honest I find the negotiation process after an offer to be really illuminating when it comes to really getting a picture of what an organisation's culture is like, and whether it will be a good fit for me.

If your role is niche then I would hold out for the 3 days in the contract. If they want you they will make the changes, it’s not a big deal to do that for one member of staff if they want to hire you.

I had an addendum added to my contract to vary the standard clauses which they similarly refused to edit. An email agreement might also suffice to document what has been agreed that is 'non standard '.

But TBH it's more important that your line manager understands the arrangement so that you can work it out between you.

Yep and this crew are dishonest.😬

OP as you are not working take the job in the spirit it was offered and keep looking.

As you were headhunted would the senior person who wants you on board be able to get the 3 day sign-off?

You plucked 30 days out of nowhere, but what is your notice period? Wouldn't making sure those two match be more sensible?

As they have form for handling this kind of thing badly I would absolutely stick to what you want in the contract.

Agree. I have WFH protected in my contract. Negotiated (law firm) at time of recruitment.

The firm as a whole have a 3 or 4 day mandated office policy. I am an exception to that as my role is niche.

I'd take the offer, see how things pan out, and keep an eye on the job market just in case.
It could work out swimmingly - and you're already ahead of the curve as you know the company.
If not - given it doesn't sound like you're desperate, then just leave.

To add - they wouldn't amend a contract like that at my place either, it would cause too much unrest amongst the existing staff if they found out (sad but true).

I turned a job down last year because of similar reasons. I knew of the company and they basically all worked from home. Interviewed and got told they did two days a week in the office; which I was ok with - they said at the time ‘there’s no way we’ll go back to fully office based’
but when I got the contract it didn’t state hybrid in the contract, and ‘flexible’ working was only referenced in the handbook as discretionary (generic, separate to the contract of course!).
I queried it and they said they couldn’t change it. Six months later… new management, return to the office full time!

I don’t know, I’d be tempted to turn it down. It’s such a sticking point for you, which is totally fair, and presumably they’ve known this from the off. They know they can mess you around on this and have no recourse really.

@JassyRadlett Are you in the public sector?

Blueberry911 30 days is pretty standard in legal agreements of all kinds.

6 month probation and three months notice.

1 hour commute door to door is short and nothing imho. I wasn't sure if OP wants minimum or max 3 days in office as her preference.

Anyway, I don't like their inflexibility. Why not state the expectations in the contract?

@itsmeafterall
I'd agree but line manager is in the US. They have no concept of employees and rights (I say that as someone who has managed many people in the US). I cannot trust a green (less than a year) manager from a big consulting company based in the US.

@lljkk3 days max.

Thank you for succinctly pointing out the contract- my point exactly,