Rules not being applied to everyone re. Flexible working

[notimpressedatm]

I work for a company with thousands of employees. During Covid times many people took advantage of remote working by relocating far away from the office, in some cases to the other end of the country.

Over time our employer has introduced a policy to be in 2 days a week, but they haven’t taken any action against those who live too far away to reasonably come in. It’s just been accepted that they won’t be coming in. No one’s contract changed to say remote work, everyone still has the office as their contractual base.

Because they have made these allowances for some to never come in, managers have largely felt they can’t enforce the 2 days a week too harshly , but most people have been in 2 days most weeks if not one day.

But I feel quite resentful about it - the area we live in (to be commuting distance to office) is one of the most expensive areas to live in the country, while others have upped sticks to live in much more affordable areas. I have to commute (costing money and time) while they never have to. I hate working in the office and suffer when I do so (headaches, stress etc) and have to have prescribed medication to deal with this. If working from office is so important for the job, why do others keep their job while not having to come in.

If I wanted to go down that route, would I (and others) have a case for there being unfairness here? If I refuse to go in so regularly, could they take disciplinary action against me while not doing it against others? It’s not fair some people can get away with never going in while we have to on a regular bases. Most of the people I work with are people who live in other countries (but still in UK) as they have moved while I’m talking to them from the office.

And no, I can’t just up sticks and move myself.

I don't think this is an argument you can win unless you can prove that you know the reasons why the others work from home and you can prove that those reasons apply to you too. Concentrate on a case of why you should be allowed to work from home more.

How can you be sure that none of your colleagues have had contract changes?

My company's policy is distance based. If you live within 30 miles, come in 30 days/quarter. If you live further away, no need to come in.
Except for those of us, like me, who like closer but have made a formal flexible working request. I never have to go in unless I choose to.

I’m with you OP I think it’s vastly unfair. I don’t think they could enforce you going in when it’s not for all. Parts of the civil service have same issues. Policy is hybrid but some refuse to go in due to travel / childcare / dogs etc

The employer has said no one has a remote/home working contract and everyone has the office as their contractual base.

What did you put as your reason for flexible working?

Unless you've submitted a flexible working request then they could enforce it. What other people do is irrelevant - the OP needs to go through the correct process and discuss her situation with her employer.

Occupational health surely needs to get involved if you're not being offered a proper desk and chair?

But flexible working can be revoked can’t it? Even if it was in place, unless it’s in the contract.

You ask, they say yes or no. If no, then you can review options for taking it further. But nothing will change unless you formally ask.

I think I should have worded my OP differently, what I really want to know is if I have a case for not wanting to go in just because I happen to live closer than some. And if the employer could sack me for not complying, while letting others not comply. I am not happy about going in so much but I’m anxious about getting in trouble too.

You can put in a flexible working request or you can apply for reasonable adjustments if you have genuine need for them based on a longstanding condition or disability. Those are your options.

Employers can agree different conditions for different workers. Unless you're being discriminated against based on a protected characteristic, it's entirely legal.

Sorry if you’ve already answered this but do you know that the policy is mandatory 2 days a week in office or is it something that is encouraged but not part of your contract. Do you have a line manager and have you asked if you could move to home working as others do? We ask that people come in 2 days a week but it’s not enforced and if my team request home working for personal reasons (within reason) I will usually agree to it. If the policy is mandatory then why not ask management to explain the discrepancies and if you can reasonably WFH then request it?

No, this wouldn’t be illegal.

You can ask via a flexible working request or, if eligible, you can contact OH and apply for reasonable adjustments based on a health condition. Multiple people have advised you.

You cannot just decide not to go in without an agreement in place. And other people having agreements in place does not automatically entitle you to being granted the same agreement/flexibility.

Thank you

It can be revoked if the business needs change, yes - that protects both you and the organisation. There's usually an agreed review period that allows both parties to check that the flexible working agreement is still appropriate.

You can't simply refuse to go in because others don't - you have no idea what request they submitted and what was agreed.

I’m not sure why you think it would go your way
tbh there more likely to make the people with massive commutes come into the office rather than let everyone wfh

which I doubt would make you popular

Everyone working for the company had the option to move further away when covid work from home was in force, so you chose not to move. You can hardly complain about house prices and commute costs now, especially as you still don't want to move.

Yes it is fine for workplaces to turn people doing the same job down. It might be that there are already too many people off, that different departments have different needs etc. What you can do is focus on making a flex working request with good reasons as to why you need to work from home. It's not about anyone else.

It's like all flexible working arrangements, the ones coming in later do not have to be given the same arrangements as those there earlier, instead those coming later have to work around the existing arrangements. That's very usual.

They won’t, there are too many and some live too far away for it to be possible.

No we didn’t have the ‘option’ the employer never said it was ok to move far away because of Covid… some people just did it. In old times they would have resigned and got another job but with remote working people thought they could stay in current job. Personally I would not have taken the risk, I always thought (and still do) that if I move, I would have to get another job.

the company has a policy, which they have agreed exceptions to for the people who don’t go to the office. They don’t need to issue new contracts for that to happen. They also reserve the right to change their mind if the arrangement becomes unsuitable.

its not illegal (no crime has been committed) to not offer that exception for everyone. Rather the term would be unlawful, but it’s not that either.

you have no exception agreement in place. Therefore you need to ask for one, and provide your justification for it.

if you just don’t go into the office, you are at risk of disciplinary, where a defence of ‘I decided not to come in because xx doesn’t’ - isn’t reasonable justification.

your anger at the ‘unfairness’ of it is misplaced, because, you haven’t actually asked…..

I’m a person who moved far away from the office during Covid. I told my employer and they didn’t want to lose me so it was agreed I would come into the office 50% less than others. The way I see it, I have a legitimate reason for not adhering to the company wfh policy and this is agreed by my employer. You too seem to have a legitimate health reason and so could potentially be offered the same flexibility but if you won’t tell your boss, what do you expect them to do??

I wouldn't have thought you would need an official contract for an employer to agree to an employee to WFH.

We have a member of staff who does fully remote, it's also been agreed for me to have to do only 1 day per week. Whereas others have to do 2 days in office per week.

Point is, other than distance, it's unlikely that you will be privy to those peoples circumstances and how they have managed to WFH fulltime as this would be a huge data protection breach if the powers that be shared such information.

Hi @notimpressedatmHaven't read every single reply , so apologies if I'm repeating, but you say that the 2 day rule isn't really enforced so you don't have to go in...... if it was me, I would continue with 1-2 days a week (and ok, 0 days one occasions if lifestyle limits things) knowing (hoping) it will work favourably for you. These things won't go unnoticed. If I've got it wrong and you think it makes absolutely no difference at all, then don't go in at all if it's not enforced. If you're pulled up on it because you live near, you can go nuclear on them quite reasonably as they don't appear to have a policy

also worth noting that you won't be fully informed on why some people wfh - the fact they live 150 miles might be the obvious reason to you, but you'll never know for sure, eg single parent with no help taking children to/from
school

Did you get the agreements in writing? I ask because my previous managers agreed verbally I didn’t have to go in much, but my current manager insists it’s important. But my job is still the same.