Can my work from home hours be taken away?

Since returning from maternity leave, my hours remained three days a week at full-time hours. Due to needing to collect my daughter from school, it was verbally agreed that I could leave work to pick her up and catch up at home. The company have now stated that nobody in the company can work from home with instant effect so I have lost those hours. My colleague has since been granted the ability to work one day from home due to lack of childcare. My ‘reduction in hours’ is leaving me £200 out of pocket each month. Is that fair?

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work from home - woman work online using laptop at home kitchen

The company’s stance is potentially discriminatory as it adversely impacts women who generally bear the more significant burden of childcare. On a practical level, I would recommend submitting a written flexible working request to make the informal arrangement formal, citing the company’s willingness to allow others to work from home for childcare reasons.

Presumably, your work has been performed satisfactorily under the informal arrangement, and this should strengthen your case. If the company rejects the request (which it must be for one of a number of prescribed reasons), you will have the right to appeal, at which point you can state that you believe the company’s stance is indirectly discriminatory to women.

The company must follow the ACAS Code of Practice on requests for flexible working. There is some additional guidance accompanying the code on the ACAS website.

Ultimately, if the company continues to refuse your request, you may have the right to make claims to an employment tribunal. However, before you take any further action, I would recommend you take professional legal advice on your rights.

*Jayne Holliday is an Employment Lawyer at Higgs LLP.