Returning to the office – what should employers be aware of?

Many organisations adopted remote and hybrid working models during the COVID-19 pandemic. However, as reported by the press in recent weeks, employers are now progressively hardening their position on employees returning to the office.

Many employers believe working in the office enhances team collaboration and ensures junior or newer staff members are provided with adequate support and supervision. However, employees who have become accustomed to a more flexible mode of working are likely to exhibit some resistance.

What do employers need to consider?

The initial step should be to review the basis on which homeworking is being conducted. This will assist in determining the necessary procedures to follow and assessing the feasibility and potential risks if you plan to implement a mandatory return to the office for employees. For instance, if the right to work from home is specified within the employment contract, it will require consultation with staff on the proposed changes to their terms and conditions of employment.

Alternatively, if homeworking was introduced as a policy (and non-contractual) whereby the business retains the right to make changes, the approach may differ. But be aware that any “policy” could be implied into the employment contract by way of custom and practice, especially if the homeworking has been the norm over a period of time.

Flexible working requests

Employers should be prepared for an increase in flexible working requests from employees who wish to work wholly, or part of the week from home. In April 2024, the law was revised to enable employees to make such a request from the first day of their employment.

Any request will need to be considered by the employer in accordance with statutory requirements on a case-by-case basis. Employers cannot reject a request solely based on existing policies or procedures. Additionally, any rejection must be objectively justified, rather than based on subjective views, such as anticipated effects on quality or output.

The new law also removed the obligation for employees to consider the impact on the employer and how this might be managed. Consequently, the employer now has the responsibility to demonstrate that working from home (wholly or partially) is not feasible.

Employers also need to be aware of the risk of discrimination claims. For example, a policy bringing everyone back to the office may adversely impact women, who are arguably more likely to have childcare obligations. This means employers will need to ensure that any policy they implement requiring employees to attend the office can be objectively justified.

Comment

General observations about a lack of team spirit and collegiality will not suffice here; employers must carefully consider many factors before implementing a return to the office. Should you require any assistance with implementing these changes, handling flexible working requests or changes to the employment, please contact a member of the Gordons Employment Team.