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Suddenly, no longer allowed to work remotely?

12 replies

webminx · 28/03/2011 19:19

Hello,
I have been working part-time, from home, since my baby was 12 weeks old. Today, I sent employers an email to inform them that I have additional childcare so am now available to work an additional day if they'd like me to. They replied that they would and that I would now need to come into the office but could work one day remotely if necessary. My role has not changed (although they failed to give me a job description despite repeated requests since I went on maternity) and I have exceeded performance targets every month with no complaints from colleagues or management.

Is it right that they can now change the way I work when there has been no change to my role/advance warning/review? Very confused!
Any advice much appreciated!
webminx

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crw1234 · 28/03/2011 22:05

Hi - is the home based in your contract/do you have in writing - I am guessing not - did you work from home before you had your baby?
I would go and have a face to face meeting to discuss first - maybe you could come to some comprmise?

KatieMiddleton · 28/03/2011 23:19

How long have you been working remotely?

webminx · 29/03/2011 14:52

Hi again - thanks for the replies. Been working remotely since June 2010 without any issues. Also worked remotely in last stage of pregnancy due to long commute. The remote working arrangement is not in contract but was agreed to by email in June. Thinking of sending email asking why this arrangement is no longer acceptable as role has not changed etc. and then suggesting a personal meeting (manager based in different country) to discuss further. Any thoughts on that approach/different suggestions? DH suggested calling Acas but would like to try to resolve things internally first....?

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KatieMiddleton · 29/03/2011 15:01

ACAS will tell you to use internal routes first but you can still ring them.

So, no formal flexible working request? The email - does it suggest a temporary arrangement or a permanent one?

I'd reply to email as you suggest but not ask for a meeting until I had their reply. Or ask for a meeting to discuss. But not both.

webminx · 29/03/2011 15:27

The company is not very aware of Uk employment legislation - lots of confusion around everything; maternity, sickness pay, return to work, flexible working, etc. The email suggests a temporary arrangement in relation to my "old" role in sales but I have since moved to a new role, which is suited to remote working. Is a bit of a mess - no job description, an old contract (company has since changed names), fuzziness around this arrangment, mixup in tax codes, etc. despite my repeatedly asking for clarifications etc. Ultimately down to lack of process and it being a foreign employer I guess. Sigh.... Will email back as suggested and then wait and see. Will update! Thanks again for your help!

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KatieMiddleton · 29/03/2011 15:31

An employment contract doesn't necessarily have to be in writing although employment particulars like pay, annual leave, sick pay etc should be.

Let us know how you get on. Good luck!

webminx · 30/03/2011 13:07

Sigh. Well - I tried. I emailed back and asked for explanation. They just said that it was always the expectation and included a copy of an email from October 2010 that they had sent me (when I was in a different role), stating I would eventually need to come back to the office full time.

I suggested a compromise where I go to the office half the days they want and the other half from home. This has now been refused.

Do you think I should now try to apply formally for flexible hours?
Or give up and just accept I have to go back to office-based work (while seek alternatives elsewhere?)
Am really disappointed as working from home allowed me extra time (from commuting) to volunteer locally, which I really enjoy.
Any ideas/suggestions gratefully received!

OP posts:
crw1234 · 30/03/2011 14:50

I would apply formally for flexiable hours - and make sure they know they have to have a business reason to reject it -people have lost at tribunal for refusing it especially as from your point of view its been working well
does anyone else work from home/do flexiable hours?

thinkingaboutschools · 30/03/2011 19:36

Is there a reason why they might be suggesting only one day working from home (i.e. is it become difficult to do certain things)

webminx · 30/03/2011 20:53

Hi - would be tempted to apply formally but they are so brutally unaware of HR procedures in the UK, it would just descend into a very stressful drawn-out issue, I fear... AFAIK there is no reason to now demand a change; all was going very well and they were (to my knowledge) very happy with my performance. Will give it some more thought and let you know how I get on - thanks again for all your input!

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KatieMiddleton · 30/03/2011 21:32

There's no harm in applying formally. You can go to a tribunal while still working if they don't follow the process or to appeal the decision.

However, if you can deal with this informally so much the better. What's your relationship with your line manager like? If it's good, having a face to face meeting now, explaining that benefits of working remotely and why it's good for the business, and that if they insist you will put a formal flexible working request in but you'd prefer not to because you know how much easier it is to sort these things out informally. And then get it in writing.

As an aside, it's hard to say without seeing the email communication about changing your work location but if they're referring to an email sent from when you were employed in another role it's possible that's not enforceable.

webminx · 31/03/2011 10:03

Going back in with that suggestion - explaining that the Uk legislation stuff that they may not be aware of and asking for a personal meeting. Dons hard hat... Will update. As before, many thanks for your suggestions!

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