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’d stop going in and do what all those people are doing.
If anyone asks just say oh well this this and this person don’t?

I don't know how often this needs to be said - you need to submit a flexible working request. Use the link I posted earlier.

My reasons won't apply to you unless you are in a global role with the rest of your team in different timezones, which made the office a pointless trip. I also did it over a decade ago before WFH was so popular.

My employer also said no one had a home working contract/no exceptions until I showed them mine.

I agree with you OP. I think if you had written it more plainly then more people would have agreed with you. I think the reasons you have given for not wanting to go in convolute the issue a little. If you’re on identical contracts and some people are made to come in and some are not then of course it isn’t fair. I think they would be hard pushed to discipline you if you refused to come in if you pointed out that others are not made to do the same. The truth is, it costs you time and money to commute and it costs the others that aren’t doing that nothing, that is inherently unfair. Do you have a union you could join?

Of course it has to be fair. They would have to prove that they were fair to everyone if you took them to an unfair dismissal process. It’s unlikely that all these people that moved away submitted a flexible working request anyway. They’ve just gotten away with it (don’t blame them) but it doesn’t mean you should be penalised when they aren’t.

You do realise, that complaining or getting unions incolved will just mean that the manager will have to more strictly enforce the 2 days a week in the office for everyone, so some staff may end up leaving or might be let go and you will still have to go in. They won't change the policy because you complain, they will just likely be much stricter all round

If you want to not go in, you are better going with the health reason option.

Thank you. Yes I know now I should have worded it differently. I sometimes can get stressed about this issue and that probably clouded my OP and made it sound like I’m being spiteful.

Tbh I think some posters are being obtuse and it’s not unreasonable that all members of a team are treated the same. I would want a level playing field (allowing for recognised adjustments eg disability) Otherwise where does it end?

I have no issue with WFH but then say that and don’t put obstacles in staffs way that only some will adhere too.

You can only ask them. My office is hybrid working but it's non-contractual, and you're expected to be in the office at least 50% of your contracted hours. However they are extremely flexible - to a point. They're not obligated to give everyone the exact same situation they have negotiated with someone else as different departments and roles have different requirements for office cover etc. Which is exactly why it's non-contractual.

A flexible working agreement is different to something negotiated on a non-contractual basis. This would have to be in writing.

It ends with the flexible working request that can be submitted for a variety of reasons, not just disability. They are strictly between the individual and the manager, annd they are no-one else's business. Team members do not have to be treated the same - that's the whole point of this statutory right to make such a request.

The OP should do the same - make the request using the link I posted to upthread if nedded, and take it from there.

No that's now how it works

This is simply not true. As long as they're not discriminating based on a protected characteristic, they don't have to treat everyone the same (or be "fair" as you put it). Legally, that is. They can treat people differently if they want and legally be completely in the clear. If they want to decide that people living more than xxx miles away from the office are excused from coming in they can. Entirely legally, since it's not a protected characteristic.

It may not seem fair, but it's completely legal.

OP has to comply with her company's rules. Other people may have formally or informally agreed arrangements exempting them, but OP does not. So if she doesn't comply, in the absence of such an agreement, her company would be within their rights to discipline her.

If she wants to be exempted, then she needs to request flexible working or reasonable adjustments. Other people having informal or formal arrangements does not legally entitle her to the same, however fair or not you deem it.

But legally all employees don't need to be treated the same. They just don't, simple fact, as long as they are not being discriminated on based on a protected characteristic.

"Distance from work" is not a protected characteristic, so an employer could, entirely legally, have different days in office requirements for those living near to those living further away.

Apply to be a contractoral home worker . You will need a drs letter . There is a clause on there though that states they can ask you to come into the office on occasion

Have you put in a flexible work request which has been rejected?

I don’t think this is uncommon and probably a lot of those people do now have remote contracts, you just don’t hear about it. Companies will always offer preferred terms to employees they want to retain. If you’re sure of your value, then I don’t see why you wouldn’t try to secure a flexible working agreement on your own account.

Your best route would be to negotiate. However, it would be illegal to have different rules for employees that directly or indirectly discriminated against a particular group of employees based on a protected characteristic. So if you could prove that the rule about coming into the office adversely affected disabled employees or female employees disproportionately to other employees then you might have a case for indirect discrimination.

Our HR documents say no one has a remote working contract and everyone has an office base for the purpose of expenses etc. They also say no one can claim home working allowance tax code. I know the people who moved don’t have home working contracts as they moan about the expense of coming to the office when they need new equipment, as they can’t claim the money back as the office is technically their base. If they had a remote contract they would be able to claim the mileage.

The employment contracts really have nothing to do with this situation. HR will have processed them through flexible working requests to have a documented trail of the agreements and any periods of review required.

its completely normal to do this. I don’t know why you are fixated on the original employment contract when the flexible working agreement is simply a variation to that contract.

are you going to even bother with the paperwork and good advice you’ve been given OP or are you just here to whinge about everyone else?

Bleating about what others are doing won’t help. You need to formally ask for adjustments to your own working pattern if office working impacts your health. Or look for a fully remote job.

Don't go in for 5 days next week then. See if anyone mentions anything. I mean they aren't to the people who have moved

Or, she could, like everyone else, submit a flexible
working request based on health grounds.

Or she could just look for a new job given the disdain she currently holds for her employer and fellow colleagues.

But they could not have 'remote working contracts', but still have negotiated an agreement where they are exempted from having to comply with the normal in-office days requirement. That exemption will have come from requesting it and having it agreed either informally or formally via a flexible working request or a request for reasonable adjustments.

If you want flexibility from the standard rules, you need to discuss that with your manager and apply for a formal or informal agreement that allows that, as others will have done. A formal agreement will offer you more protection. They do not, however, have to offer it to you, as there are valid reasons for refusal, which may well apply. You do not have the entitlement to automatically be granted it just because somebody else has.

Oh good grief OP, stop complaining and getting yourself tied up in knots about what others have, might have or should have. If you want something that's different to what you currently have then submit a flexible working request. Multiple posts have explained how this works and the lawful process that guides it.