Forced return to the office

kbarker89

Hi everyone,
This has probably been covered before but I cannot find a similar post that links with my circumstances. If anyone can offer any advice it would be greatly appreciated. 

My situation... 
I have been employed at my current employer since January 2021. My contract letter is office based full time but verbally agreed that it would majority working from home, but this isn't in my contract. I have an email I was accidently sent between my line manager and the HR manager at the time that it would be case that I would be mostly WFH. Since January 2021 I have been mostly home based, I was probably in the office less than 20 days since starting. Out of the blue I've had an email from HR saying I now need to be in the office two days per week, rising to three days per week in due course. The only justification is that we have moved office recently (which is slightly closer to me but not by much) My drive to work is just under 52 miles in each direction, which works out at about 5-6 hours of driving at rush hour per week.

I knew this was the case when starting the role and count myself lucky that I've been WFH for so long, however my circumstances have changed since starting and it is going to be a big push on me and my family to make this work.

So my question is essentially with the precedent of the last 2 years and 10 months being 99% WFH, does this give me a position to push back against this? I've tried to speak to my line manager about it but was roundly told I had no choice. After speaking to ACAS they've said I may have a case but I would need to speak to a employment solicitor to be sure. I just wondered if anyone else could give me any more direction, I didn't want to pay out for a solicitor just to be told I don't have a leg to stand on.  

Any advice and help would be greatly appreciated. Thanks for reading. 

elsien

Your contract is office-based and a return to office working two days a week is a reasonable management request, so I don’t think you’ve got a lot of grounds to argue it.
It’s the way a lot of employers are going at the moment. Is there the option of flexible working, so you can vary your start and finish times to avoid rush-hour? You have the legal right to make that request. 

TELLIT01

The agreement to work mostly from home in 2021 would have been true for a large percentage of the population due to Covid.  Your contract says office based so that is simply now being brought back into effect.

Brie

It's the sort of thing to talk to your manager about.  Maybe there's a good reason to have people in the office more regularly.  Some people are hard to manage at a distance and the result can be that those of us who work just as well (or better) from home have to be treated consistently with the perceived "slackers".  Some companies also need X hours in the office to justify actually having an office - they are very expensive to maintain even if they are empty!

baser999

OP, you admit yourself that it’s a change in your own circumstances that would make the return to the office, shall we say, ‘inconvenient’. Not sure you have a case against the employer. As others have said you’re simply being asked to go to work as per your contract. 

Purplelady65

Your contract says you are office based. You are being asked to attend the office 2 days a week rising to 3 days a week. I think that is a reasonable request and as another OP has suggested you could ask for some flexibility re start and finish times to avoid peak hour travel. 

Yorkie1

elsien said:

Your contract is office-based and a return to office working two days a week is a reasonable management request, so I don’t think you’ve got a lot of grounds to argue it.
It’s the way a lot of employers are going at the moment. Is there the option of flexible working, so you can vary your start and finish times to avoid rush-hour? You have the legal right to make that request. 

I agree with Elsien. Here are some links to Flexible working (Eng + Wales):
https://www.gov.uk/flexible-working
https://www.citizensadvice.org.uk/work/flexible-working/applying-for-flexible-working/
https://www.citizensadvice.org.uk/work/flexible-working/if-your-employer-refuses-your-flexible-working-request/

I think you also have a reasonable argument to make that your original contract was varied by agreement as per the email you mention - for "mostly" working from home, which I would argue can be interpreted by you to be >50% of the time, i.e. up to 3 days per week WFH and up to 2 days at the office.

Is there anyone else in a similar position to you at work? What has the management said to their request?

Is there a Union at work? If so, are you in it and what do they say?

Do you have legal insurance cover as part of your home insurance policy? What do they say?

Are they open to discussions about their rationale for the forced return?
A couple of interesting CIPD discussions here:
https://community.cipd.co.uk/discussion-forums/hybrid-working/f/general/22324/compulsory-return-to-the-office/128070
https://www.cipd.org/uk/knowledge/guides/planning-hybrid-working/

But ultimately, if they say you must return, then I guess you have the choice whether to comply or not. 

Exodi

kbarker89 said:

however my circumstances have changed since starting and it is going to be a big push on me and my family to make this work.

Unfortunately for you, I suspect every single employee WFH might hold a similar view and I think employers wouldn't have much luck getting anyone to return to the office if they let it fly.

WFH is objectively more convenient for everyone (zero commute time/cost, wake up 1 minute before you start, wear pjs, etc).

I have heard the most absurd arguments from employees being asked to return to the office, such as the classic: "well who's going to look after my kids if I return to the office?". It's obvious why employers are becoming frustrated with this situation.

TELLIT01

Exodi said:

WFH is objectively more convenient for everyone (zero commute time/cost, wake up 1 minute before you start, wear pjs, etc).

I would dispute that claim.  I know a number of people who had to set their equipment up on dining room tables and try to find space to put it away every evening.  They may have gained in some ways, but overall convenience is not one of them.

oldernonethewiser

Exodi said:

kbarker89 said:

however my circumstances have changed since starting and it is going to be a big push on me and my family to make this work.

Unfortunately for you, I suspect every single employee WFH might hold a similar view and I think employers wouldn't have much luck getting anyone to return to the office if they let it fly.

WFH is objectively more convenient for everyone (zero commute time/cost, wake up 1 minute before you start, wear pjs, etc).

I have heard the most absurd arguments from employees being asked to return to the office, such as the classic: "well who's going to look after my kids if I return to the office?". It's obvious why employers are becoming frustrated with this situation.

Subjectively more convenient for some, but not everyone.

JCS1

Wfh doesn't work for everyone, especially me in a rural area with no decent Internet available.