FWR and appeal refused

[Ffssleep]

I put in a FWR to work permanently from home because I am relocating (too far to commute). We have been WRH for the last 18 months, before this we worked in the office full time (although I have only been WFH since March as I was on mat leave before then with 2nd DS). But as of the last month my employer wants us to start working in the office on a rota basis so one week in 5 or 6 weeks. No performance issues over WFH from my manager.

My FWR was refused on the grounds of a planned business change - this change has been going on since January ‘21 and the changes are apparently to be implemented by Dec '23. They cannot tell me at this stage what these changes are as they do not know, but they want us in the office for "collaborative working" and have stated that working from home was an emergency measure only, that they foresee hybrid working but not full time home working. It went to appeal and this was also refused.

Can they just trot out the line of business change (which they are genuinely going through) and I have to suck it up even if logistically it is possible? I said on my request that I would be unable to work from the office apart from occasional travel for training etc. My argument was that service to customers and colleagues has not been affected by home working and I CAN do my job permanently from home, it is just that they WANT us in the office. They did not agree to a trial of my request either, despite not knowing what exactly the planned changes are. As a team we are constantly understaffed – since I returned in March, 6 people out of 15 FTE have left, and 5 of those were people who started and then left! We cannot retain anyone and I have worked there for 8 years so I know it all inside out, am one of the top performers etc.

Interestingly, another colleague has been allowed to WFH permanently, she is on the same job title/pay etc as me but the dept has split so she technically comes under a different team now (I was originally on this team but was moved jobs when I returned from maternity leave after my first DS). Any thoughts?

Happy to post the reply from the senior manager but it is lengthy and didn’t want to scare anyone off.

You relocated to another part of the country BEFORE thinking to check if you could WFH on a full time permanent basis??

What was your back up plan if they wanted you back in the office..?

My non-legal opinion is that I don't think you have a leg to stand on I'm afraid.

They are entitled to refuse the request. It doesn't sound like they've told you to be in on XYZ occasions so you either see how it goes or look for a new job.

Legally they have to consider your request which they can refuse if there are legitimate business reasons. Nothing to specify what these may be (and I am not sure they even need to tell you).

I work in London, wfh 4 days in for 1, colleague in my team has moved to Scotland but it's expected to come back into the office when we're fully hybrid. Likely two days a week. I work for a large employer (over 5k staff) and they have blanket said they are not approving any requests for full time WFH.

If they had told you you could wfh full time when you asked before you moved and they're now rescinding it you may have a leg to stand on.

It is quite odd though, before Covid if people wanted to move further than a reasonable commute they would expect to find another job or make it work. I know we're likely going to be partially wfh permanently but that does mean dinner attending, it would be something to consider when deciding whether to move

They must consider your request but do not have to grant it. I am afraid that they have given business reasons as to why they do not wish to agree to this.

It is worth a call to ACAS to get their view on this. The only possible angle you have is this one Interestingly, another colleague has been allowed to WFH permanently, she is on the same job title/pay etc as me but the dept has split so she technically comes under a different team now

Otherwise I would recommend you start looking for another job. The job market is absolutely bouncing at the moment so its a good time to be looking and salaries are up for new recruits.

I know a few people who have moved away even abroad. They tend to travel up very very early on Monday, stay in premier inn type places for 3 nights, then travel back Thursday evening. Is this a possibility?

If you've been through the appeal process and still been refused your options are limited.

Only a employment tribunal can force them to retract their decision. It might be wiser to see if you can speak to your poss about a possible compromise. But any compromise would need to include some time in the office, by the sound of it - even temporary WFH til Dec23.

Like others have said the fact that you e exhausted the appeals process I think a grievance is the only way you can get them to look at it again and retract the decision.

The fact that someone else has been granted what you wanted is sadly irrelevant as the requests are usually looked at in the order that they are received and they can argue that they don’t have to have the same rota/location for everyone to ensure good coverage for the business for example. Also the person who has had wfh permanently granted could have other mitigations in place for example being in the office more regularly or it be a reasonable adjustment for a disability which may not be relevant to your request.

It's short-sighted of them given your experience, but they don't have to grant it unfortunately.

I also wonder if you've also got their nose out of joint a bit - emailing to request remote working as you're moving too far to commute is a bit presumptuous, and then saying you'll be 'unable to go to the office except for training' (which benefits you) might have compounded that a bit.

I've granted every WFH request sent my way and am absolutely happy for my team to work where they feel comfortable, but I think I'd have had my eyebrows raised if it were presented to me as a fait accompli.

Maybe the agreement with the colleague allows for more flexibility should they need to attend in person. You chose to move and limit your availability.

As much as I think they are being unreasonable if you’ve proven that you can effectively WFH. I cannot get over the arrogance of someone who who relocate under the presumption that they would be allowed to WFH permanently.

Not that you’re alone. Just seems bonkers to me.

If they want staff in on a rota basis and people opt out, that puts an additional demand on those who can. That is a business detriment and could be a valid reason to refuse.

That someone else has a different working pattern isn't relevant. Indeed it weakens your case because, having accommodated that, there might not be any more 'give' before there is a business detriment.

Hi all, many thanks for the replies. I wrote this a little hurriedly so did miss out a few things which, reading the replies it is clear are quite relevant!

Relocating is not dependent on whether I am allowed to wfh or not, we are going to relocate due to family reasons. If I have to get a new job then so be it, I hadn't considered putting in a fwr until my colleague (who is a friend and so I know all the ins and outs of the arrangement, which, if anything, is of more detrimental to the business than mine but anyway) suggested it. I thought "why not! It will make the move easier!", and absolutely did not presume it would be granted, but did hope they may offer a trial basis. I had an informal chat with my manager about it in June and she was very positive about the whole idea. I put the request in back in July. It took them until two days before the 3 month deadline to come back to me with the refusal.

I just needed some external feedback on the situation as I've nobody really to talk to save my colleague who had hers approved. Looks like it's time to brush up my interview skills!

Sorry OP. Good luck