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Original poster

My full time colleagues can WFH but I'm not allowed

46 replies

Zazaz · 19/05/2022 09:03

My employer has agreed that I can return to work after maternity leave for 3 days a week. However they have said that I need to do all 3 days in the office, despite full time employees being allowed to work from home for 2 days a week. This doesn't seem fair to me - surely WFH should be pro-rata'd?

I don't want to come across as grabby and ungrateful as I'm pleased they've allowed me to drop to 3 days but at the same time it seems discrimatory.

Am I being unreasonable?

Should I challenge it?

Any suggestions of how I can politely word it without being accusatory, whilst firmly pointing out that it seems unfair?

Thanks in advance

OP posts:
HSKAT · 19/05/2022 09:05

Is it until you've settled back into it?

Example I had to do training when I went back and catch up on what's changed with manager etc

KatherineJaneway · 19/05/2022 09:06

Does you work differ to those allowed to WFH?

Anothernamechange3 · 19/05/2022 09:07

Is the work from home hybrid stuff a new, post pandemic thing? Is there a policy or amendment to your contract that states terms etc? I think the wording of that could make a difference.

Butterfly44 · 19/05/2022 09:09

If it's 3 days in office and 2 days wfh for everyone that's how it is, and based on needs in service. Your colleagues are still working full hours those days. You don't really have a case as you're not working at all for 2 days, so no.

Aniita · 19/05/2022 09:10

Without knowing the specifics of your job role, the work place culture and your position in the organisation, it is literally impossible to say whether you are discriminated against.

But no, wfh is at the discretion of the company and does not (and imo should not be prorata'ed). Unless it is in your contract,of course.

Have you asked why? I wonder whether it is because your boss wants to maximise the amount of people you will see and interact with in the team on your three days? It's a bit of a shock trying to get back up to speed after maternity and it will probably help you to be surrounded by colleagues

MintyMoocow · 19/05/2022 09:11

Get back, get your feet under the table, re-establish your worth and ask again in 6 months or so.
I really wouldn’t make a fuss just now.

SpringRainbow · 19/05/2022 09:13

You always have a right to put in a flexible working request, however your employer also has the right to turn it down.

In your contract where does it state your place of work?

sunflowerdaisyrose · 19/05/2022 09:14

That was the case when I did the same - I could do three days but they wanted it to be the days the team were in the office. I could wfh on occasion still but generally I went in. Hard to say if your employer is being unreasonable without more info. In my case I could see it was reasonable.

Gazelda · 19/05/2022 09:21

From the other angle, your colleagues are in the office 3 days per week and so are you.

If you only came into the office once per week, there could be complaints of unfairness from your colleagues.

CornishGem1975 · 19/05/2022 09:27

I work part-time, and I don't think it's an unfair ask. We're asked to do 2 days a week in the office. It's across the board.

MagpiePi · 19/05/2022 09:31

Could you get your employer to agree to a pro-rata split?

Where I work we have been told we are all going to have to go back to the office for a minimum of 40% of our time, so for full time people that will be 2 days, and for me, working 3 days, it will be at least one day a week.

(The fact that they are having to force us all back after trying lots of encouragement by telling us how great it is to be back in the office is another story, but, whatevs)

My full time colleagues can WFH but I'm not allowed
ThisOneNow · 19/05/2022 09:31

We are asked to work 60% of time in the office (or near enough) which seems fair. So people working 3 days get 1 day wfh. I'd be a bit annoyed in your situation.

HairyScaryMonster · 19/05/2022 09:32

It does seem discriminatory on the face of it, but if the 3 days the ft workers are in, they're all in and they want you in on the same day I can understand it. If the work is the same, the being in the office is fairly random, and there's no material difference except you're PT, sounds off to me.

pastabest · 19/05/2022 09:35

I would do the same in their position.

I would want you in the office 3 days a week until you got settled back in and to make sure you had childcare in place and weren't trying to work from home and care for a baby.

Once I was satisfied you were back in the swing of things I'd pretty quickly agree for you to also do some WFH.

ResentfulLemon · 19/05/2022 09:36

Businesses are coming up with all sorts of plans for hybrid working. Mandated team days, optional attendance, mandated number of days etc. All are perfectly legal, especially where 'managerial discretion' is the linchpin.

I agree with PP advice of accept this as a settling in period, review your company's policy on hybrid working then present a case for pro-rata based on your hours and how the team is now working. I only had 6 months maternity leave and was surprised at how much had changed, it doesn't hurt to be familiar with day to day again before probing into fair practices.

CorsicaDreaming · 19/05/2022 09:37

MintyMoocow · 19/05/2022 09:11

Get back, get your feet under the table, re-establish your worth and ask again in 6 months or so.
I really wouldn’t make a fuss just now.

Yes I agree with this. Start back, show you are keen and working well for 6 months. Then ask if you could WFH for one of your three days.

BrunoMadrigal · 19/05/2022 09:37

What’s the policy?

Is it that you’re all expected to be in the office for three days a week, or you’re allowed to work from home two days a week?

With the former, the expectation on you is the same as everyone else. With the latter, you would be treated differently as you’re not allowed to do something others are.

PineappleMojito · 19/05/2022 09:39

If everyone has to do 3 days in the office, then it’s not discriminatory. Whether or not that is suitable for everyone’s job/situation is another question, but if the requirement is everyone is in the office for 3 days, you work 3 days, the default is (and should be) that you are in the office for all of them.

WFH is not an entitlement - Covid seems to have instilled it in people that it somehow is, but it really isn’t. If you it would help you get work done for example for one day to be away from the distractions of the office, then you could put in a flexible working request - it depends on the nature of your role and the work you do as to whether that would be of benefit to you/your employer or not really.

Original poster
Zazaz · 19/05/2022 09:42

Thanks for your replies all. In response to the questions

  • they haven't said it's just a setting in thing no
-wfh hybrid is a post pandemic thing yes. No changes to contracts. However it has become part of the office that employees have the right to WFH 2 days a week. -my job role is exactly the same as several other colleagues who are being allowed to WFH. I am in a middle ranking position - there are directors above me and assistants below me.

My understanding was that there is legislation to protect part time workers from unfavourable treatment Vs their full time colleagues. For example, they are allowing some members of staff to benefit from WFH (no commute / quiet space / controlled environment etc) whilst I won't have this "benefit".

In my performance reviews it was particularly noted how well I had worked during the pandemic whilst WFH - increased independence, self reliance and certainly they trust me to get on with my work.

I was thinking of asking for one day a week WFH - at 33% of my week this is still less than my colleagues get at 40% WFH.

I don't understand why pro-rata'd WFH wouldn't be reasonable in this situation.

I get on well with my employer and don't want to jeopardize that but I do feel they are a bit behind the times (e.g. they didn't realise you accrue AL while on mat leave) so often need things like this pointing out to them.

It just doesn't seem particularly fair to me and I can't really see the justification.
I get on well with my employer and certainly don't want to start accusing.
I'd be grateful for advice based on having answered some questions.
Or advice how I could word it without accusing.

OP posts:
Original poster
Zazaz · 19/05/2022 09:45

Agree that maybe a settling in period of office based may be reasonable - however I have worked there for several years and perfectly capable of getting on with my job at home

In this day and age of easy online communication (teams etc) I am struggling to see their justification

OP posts:
Original poster
Zazaz · 19/05/2022 09:48

PineappleMojito · 19/05/2022 09:39

If everyone has to do 3 days in the office, then it’s not discriminatory. Whether or not that is suitable for everyone’s job/situation is another question, but if the requirement is everyone is in the office for 3 days, you work 3 days, the default is (and should be) that you are in the office for all of them.

WFH is not an entitlement - Covid seems to have instilled it in people that it somehow is, but it really isn’t. If you it would help you get work done for example for one day to be away from the distractions of the office, then you could put in a flexible working request - it depends on the nature of your role and the work you do as to whether that would be of benefit to you/your employer or not really.

I agree it's not an entitlement - but in this case some employees are benefitting from it and not others - is that fair?

OP posts:
PineappleMojito · 19/05/2022 09:58

So if you agree it’s not an entitlement, then it seems fair to use the flexible working policy (assuming there is one?) to request pro rata wfh if you feel it’s beneficial for you and them?

SpringRainbow · 19/05/2022 10:01

I think this is one of those examples of what is ‘fair’ being completely different from what is ‘legal’.

Your best bet really is to just get back to work, show them that your a still a fully competent member of the team and then negotiate a more flexible arrangement.

Original poster
Zazaz · 19/05/2022 10:09

This makes sense. Thank you.
I don't want to piss them off before I go back, I want to seem reasonable and cooperative. But I also want to work from home 1 day a week so once I'm re-established back in the office I think I'll put in a request.

OP posts:
CupidStunt22 · 19/05/2022 10:10

Zazaz · 19/05/2022 09:48

I agree it's not an entitlement - but in this case some employees are benefitting from it and not others - is that fair?

Show quote history

Aren't you benefitting from a different thing though...by being able to drop two days altoghether?

If all employees, including you, are doing 3 days a week in the office, you aren't being treated differently, but exactly the same.