In reply to Robey:

I think slightly differently, in that in this situation, there is something about Mondays and short notice requests to WFH (sent on a Sunday night and relating to 'issues') which gives an indication that something new may be happening in the employee's life which is affecting when/how often and why they WFH. So for me the primary question is not solely about the role in this particular case and more about understanding whether the employee is ok and/or what the 'new' element is which is generating the short notice requests to WFH specifically on a Monday. Yes, there's definitely space in the discussions about what the pros and cons of a different proportion of WFH may be (the OP indicated that their recently introduced policy is hybrid 60/40 with the higher % in office) and why the company policy may need to be flexed in respect of the employee's individual circs, but understanding what those individual circs are and what has changed would be the starting point, as while it's absolutely possible to do a lot of jobs predominantly from home (mine is one of them), there are also downsides (e.g increased isolation/withdrawing into oneself as a way of avoiding/coping - again speaking from a personal perspective - which isn't always great for mental health even if for the individual, it's what they most want to do at the time)

hi Chris there are some relevant answers here but why are they anxious, what happens over a weekend that makes them feel this way. My suggestion is Occupational health appointment, they can dig a little deeper and provide advice on how best to manage on a temporary and permanent basis

The term 'shadow policy' has been applied to hybrid / flexible working. This is when a manager allows an employee to work more flexibly than organisational policies actually allow. I can see that you are trying to ensure that you do not do this - and I can understand why. I am a flex advocate, but if flex has been hard come by in your organisation, this is the kind of activity that can undermine it, especially if senior management or other less keen folk get to hear of it. It also has the potential to make other team members question fairness.

I would agree with other advice here. Start with a conversation, but make it clear that whilst occasional emergency exceptions might be ok, a regular three day pattern from home is not. They will need to adhere to policy or swap days.

In reply to Chris:

The policy states that they can work from home 2 days a week and from the office 3 days a week

As I find myself repeatedly saying: why?

Why does the policy say this? Who made this call and on what basis? What is the strategic argument for the 2/3 split?

If someone has actually sat down and thought carefully about the needs of the business, its employees and it customers and concluded that a 60% attendance in the office is an essential requirement because certain activities cannot physically be done remotely and, without this minimum presence in the office, work simply won't be done effectively or in a timely manner or to an adequate standard, then it is a sound policy which needs to be enforced firmly.

But if - as seems so often the case - it has been achieved by someone sticking a finger in the air and going "yup, seems about right", then the policy may be actively harming your ability to recruit and retain the talent you need.

Now, from your perspective, this may be all irrelevant. If it's not your policy and you have no control and the instruction from on high is "2 days, max, end of" then you just need to start saying "no" to this employee. As an HR practitioner, you recognise the risks in this approach when an employee may need an adjustment under EA2010. You may also recognise the risks under the Flexible Working Regulations. But assuming that you or someone in the HR leadership team had the opportunity for this input when the policy was devised and the 2 days decision was made with full appreciation for those risks, well, that's tough. The risks now lie on the business, not on you. You've had your instructions and need to enforce them on your team. 2 days max from home. Not 3. If an employee says they have to work from home but they've already had two days working from home this week then they need to get themselves to the office or get deducted a day's pay and face disciplinary action.

If, on the other hand, you're not willing to take this kind of enforcement action then it suggests that maybe the policy isn't quite as firmly enforced as you imply it is. Maybe it was imposed without anyone senior actually obtaining advice on the risks or without anyone actually thinking hard about whether 2 days a week as a maximum was objectively justifiable. Maybe you don't feel it is, in fact, a good policy.

So now you have to decide whether to enforce a bad policy or to ignore it and permit additional flexibility. At that point, it is you who risks facing disciplinary action for failing to abide by company policy. Are you willing to do that because you have faith in your team?

In reply to Sophie:

You have some great advice here.

I'm imagining you can't be the only manager who might be in this position and although you are in HR and want to show a solution aligned to a hard won policy, I wonder if you are thinking baout how you might show how to approach curved ball situations like this.

I hope you chat, find out what might have change, say what you are seeing and outline how you want to come to a solution that aligns and hopefully you can get to an agreement, swap days, keep to the policy and all will be well.

I'm wondering what would happen if you can't?
If you really need to show flex outside of the framework?
Is it the kind of company that wants and trusts managers to use their discretion and make decisions or is it a this is the policy we can't deviate from it.

If it's the latter, then it might play out in other areas- a lack of risk taking, innovation, change, creativity, etc. That might be okay and it also might hold the company back culturally and show up in other ways. I sometimes see this from the clients I work with.

Wishing you good luck with all the great advice you have had.

In reply to Robey:

Hi Robey,

Thank you for your comprehensive reply.

Quote, "Why does the policy say this? Who made this call and on what basis? What is the strategic argument for the 2/3 split?"

This was what was agreed upon by senior management. A few options were put forward but this was what was decided.

I have spoken to the employee today. I have explained the situation and will be as flexible as possible. However, I have offered and advised that I can obtain and get them support for their anxiety and low mood if they feel that it is needed.

Their Hybrid working is a formal agreement. However, in the policy, they can also request informal flexible working requests. So I can provide flexibility under this, but I have stressed it is occasional, or they can submit another formal request to extend the working from home days and see if this would be accepted.

The clause i found is as follows: 

Informal flexible working allows employees to work flexibly without altering their terms and conditions of employment. This arrangement may be occasional, temporary, or ad hoc, providing flexibility based on specific needs or circumstances.

It's important to note that there is no statutory right to request informal flexibility. Instead, these informal arrangements are typically agreed upon directly between the employee and their line manager. 

They advised me that they feel it is temporary, as they have a lot going on outside of work. So, I will monitor the situation, be flexible where possible and see how it progresses.

In reply to Sharon:

Hi Sharon,

Thank you for your reply and advise.

Quote " I wonder if you are thinking about how you might show how to approach curved ball situations like this"

Yes i have been thinking about it, and reading through the full policy employees can request formal and informal flexile working arrangements.

Their Hybrid working is a formal agreement. However, in the policy, they can also request informal flexible working requests. So I can provide flexibility under this, but I have stressed it is occasional, or they can submit another formal request to extend the working from home days and see if this would be accepted.

The clause i found is as follows: 

Informal flexible working allows employees to work flexibly without altering their terms and conditions of employment. This arrangement may be occasional, temporary, or ad hoc, providing flexibility based on specific needs or circumstances.

It's important to note that there is no statutory right to request informal flexibility. Instead, these informal arrangements are typically agreed upon directly between the employee and their line manager. 

They advised me that they feel it is temporary, as they have a lot going on outside of work. So, I will monitor the situation, be flexible where possible and see how it progresses.