Can an employer force staff to return to the office?

Since the end of the pandemic there has been a major rise in working from home and hybrid working arrangements. With 40% of workforces having returned to the office full time and more expected to follow suit it begs the question: can an employer force staff to return to the office?

The Great Return

The starting point would be to look at the contract of employment, in particular the place of work. This is a clause in a contract that states where any employee will be expected to conduct their working day.

If, when the employer allowed employees to work from home it was clearly expressed that this was on a temporary basis and in no way was to constitute a permanent change to the contractual place of work, then they would be able to force a return to the office.

However, if the contractual place of work has been changed to the employees’ home address, then it will be much more difficult for an employer to force a return. In this instance the employer would need to agree a variation.

Examples of reasons that the contractual place of work may have been changed are if the employer has agreed to it, a medical health assessment has recommended the same or as a result of a flexible working request.

What Should Employers Consider

There are ways that the employer can act to ensure that they are meet with minimal resistance from their employees when seeking a return to the office.

For instance, giving the employee’s sufficient notice of the change and consulting with them and allows them to put potential measures, such as childcare, in place. Ensuring that communication is consistent across the whole business also helps to avoid workplace disputes or potential claims of discrimination.

It will also be important to consider whether the employee contracts will need amending or if it is necessary to update any of the company’s business policies. Further to this, if any staff members are disabled then it would be necessary to put reasonable adjustments in place. The employer must make sure that these are considered in advance and that these adjustments are put in place prior to the employee’s return.

Current examples

There are some live examples that show why mandating a return to the office must be dealt with delicately.

For instance, civil servants are now being ask to spend 60% of their time in the office having spent the pandemic and thereafter working almost exclusively from home. They are now being encouraged by their trade union to complain and submit grievances.

Meanwhile, the Office for National Statistics (ONS) have instructed their staff to return to the office for 40% of the week, again in similar circumstances to the above example. Their employees have so far refused to comply with this request and has been widely reported that employees have voted for industrial action and are preparing to strike.

What Attwells can do?

Here at Attwells we can assist you in any issues or concerns you have about returning to the office or other employment law or HR issues more generally. We can offer fixed fees, award winning client care and commercially pragmatic advise to you and your business.

Please contact Attwells on 01206 239761 for a free initial telephone consultation.

Our blogs and articles are correct at the time of writing.

These have been created for marketing purposes only and should not be considered as legal advice.