Manager demanding change in my flexible working.

[CookieDoughKid]

Hello!

I formally applied to work from home 4 days a week + 1 day in the office on a set day. This was agreed by HR and I signed a change of T&C's for my working conditions, (the rest of my employment contract remains the same). I signed this change in Oct 2008 and I have been working this schedule since for almost 4 and half years.

My quarterly performance rating has always been 'Meets expectations' and has never once dropped below this.

I have a (newish) manager and he is demanding that I return to work in the office full time asap since it would 'be fairer on my team and foster colloboration'.

As a company, we have the technology and the means for me to work remotely and I do live video meetings with my colleagues and customers globally. No one has ever raised an issue before ever or complained to me.

I go into the office once a week. Sometimes more. I try and be flexible and I always make sure I serve my clients and meet them face to face if required.

My employment contract does have some flexibility clauses but this clearly states its for 'additional places of work for employment duties' and if the the employer requires the employee to relocate their residence then expenses should be reimbursed.

I am single mum with two children under the age of 5 and I live a long commute away - being in the office 5 days a week is just not doable. I work best part of 50 hours a week. I love my job and would feel very aggrieved to leave.

Can I flatly refuse my manager's request?

What recourse does my manager have should I not accept his request?

Could the company force me to leave?

Thank you for reading.

When you say demanding, do you mean he's told you you must. Or said he'd like you to consider it? Have you got an HR person? Or a union person?

His exact words were 'I want to see you more in the office as it's not fair on the rest of the team'. I have a HR person yes. But no union.

Thoughts?

In my experience flexible working only really changes when the employee has a change in circumstances so I think he is being very unfair if nothing has changed since your first application.

Not being fair on the rest of the team isn't a reason to change what is working, everyone with a child under the age of 17 (18 if the child is disabled) has the right to apply for flexible working.

I would ask advice from your HR advisor, some managers aren't very keen on flexible working because they think it is a faff but its much better to keep a good employee by supporting them with a flexible package during their child care years and it makes the employee feel valued and breeds comitment.

The fact that this arrangement initially came about as the result of a flexible working request is irrelevant. Those are your terms and conditions and they are as permanent as anyone else's.

It isn't impossible for an employer to force a change in terms and conditions but they'd need good business reasons to do so, and would have to seek consent first and consult.

In your situation I would inform your manager that you understand your consent is required to vary your terms and conditions and you are unfortunately not prepared to consent to the proposed change.

Your flexible working arrangement is part of your employment contract. Your manager can no more force you to alter it than he can any other term of that contract.

There are ways and means for employers to alter employment terms and conditions but, without your consent, any such attempt is likely to give you a possible constructive dismissal claim and, depending on the circumstances, maybe also a discrimination one. Google Acas for more info - sorry, on phone so can't link easily - and then speak to HR.

Good luck.

Thank you nkf, BriansBrain, VioletGoesVintage and flowery. Really appreciate your prompt responses.

I am planning to raise this with my manager during my 1:1 meeting with him next. Should I serve my response to him (in an email) at the same time? I assume it's not enough that I just talk to him and decline his new proposal in person? I need this written down?

Thanks.

Contacting Acas is a good call - thanks for the advice!

I would tell him in a discussion and then follow up with an email confirming what was said.

Thank you flowery

I agree with flowery. You need to ensure you have stated your position in writing.

It is possible for your employer to impose a change to your terms and conditions of employment but it would be a drastic step for them to take in this situation. They could also dismiss you (on notice) and re-engage you on the new terms but again this is a big step for them to take.

I suspect he doesn't realise that he has no right to request you do this. I would respond along the lines advised but I suspect once he has spoken to HR he will back down.

I have a similar contract to you and it is amazing how many people think that that the terms are just a matter of convenience, people seem to assume that anything other than the standard is some sort of casual arrangement that can be changed at will.They are quite taken aback when I tell them that they are formal T and C and contractual.

Just a quick update to say I had the meeting with my manager which I followed up with a summary. He was actually very surprised (and ignorant of flexible working requests and the .

I went one step further, and cc'd his line manager (my director) just so that the relevant stakeholders are aware too.

Since then, he's backed down. We now have a common understanding....

Thanks once again!

Great news! I'm really pleased for you