How to deal with an employer’s request to end home working and return to the office

Whether a recent tribunal ruling signals the beginning of the end for working from home (WFH) and allows employers to demand a return to the workplace has been much discussed, but what does it mean for employees?

When former Prime Minister Boris Johnson announced a national lockdown on 23 March 2020 at the start of the Covid-19 pandemic many employees were forced to WFH, and had no choice but to do so [1] cited 12.6.24

A requirement to social distance and restrictions on movement and non-essential travel, required many employers to quickly adapt to a different way of operating while keeping staff safe at the same time.

It meant WFH, which was already on the rise due to technology and workers wanting a better work-life balance, became hugely popular.

And having adapted and become accustomed to it, it became the preferred way of working for a large number of employees.

In April 2020, 46.6 per cent of people in employment did some work at home [2] cited 12.6.24  Of those who did some work from home at the time, 86 per cent did so as a result of the pandemic.

Numerous employees discovered, established and proved they could work effectively and be productive from the comfort of their own homes. Added benefits included no daily commute and associated cost savings.

There also proved to be benefits for employers in terms of reduced worker burnout and, in many cases, improved work performance.

There was in some sectors a lasting impact in terms of how and where employees could best perform their required duties from. Many employers subsequently offered flexible working arrangements long after the pandemic restrictions were lifted.

But a recent report contained warnings from lawyers and HR experts that it is now an arrangement that may be coming to an end [3]. Cited 12.6.24

Speculation is many employers may see an opportunity to clamp down on WFH, which has had its critics, following a tribunal ruling at the start of the year

In that case a senior manager sued the City watchdog, the UK Financial Conduct Authority, because she wanted to work at home full-time [4] cited 12.6.24

The employment judge said the employer was within its rights to reject the request, adding there were “weaknesses with remote working” and the case raised a key issue “which will no doubt be the subject of continued litigation.”

The case is not binding and each claim will be judged on its own particular facts, but legal experts believe employers wanting staff to return to the office may have become emboldened after the ruling.

A HR consultancy firm said it expected the number of employment tribunals involving remote working to rise this year.

Its analysis of past employment tribunal records, published in late 2023, is reported to have shown the number of remote-working tribunals jumped by 56 per cent between 2021 and 2022, from 27 cases to 42; in the first six months of 2023 alone, there were 25 cases at the time, said to be putting the year on course for a record high [5] cited 12.6.24.

Any suggestion WFH is, or is set to become, a legacy of the pandemic, should be viewed with caution.

There remain legitimate reasons why employees can continue to WFH, and why employers should carefully and fairly consider any request from a member of staff  wishing to continue doing so, or to change to doing so,

The need for caution when considering any request to WFH was highlighted in the case of an employee with endometriosis who was awarded over £31k after winning her employment tribunal claim when her employer unjustly revoked her right to work from home [6] cited 12.6.24

What can I do if I am working from home and I am asked to work from the office on a permanent basis?

If you have been WFH since the pandemic, or you have secured a job that offered home working, and you are asked to work from the workplace full-time, here are some steps you can take:

• Review your contract of employment as it will help you to clearly understand any terms regarding your work location and remote working policy. Your contract typically determines the work location. It may also include specific terms regarding where the work is to be carried out.

• Submit a flexible working request, which will allow you to ask to work from home in an arrangement that suits you [7] cited 12.6.24 You can now make a request at any time during your employment.

Your employer should consider your request, discuss it with you, confirm its decision and if it will allow or refuse it, and allow you to appeal if it is rejected.

• Discuss the possibility of hybrid working and see if it is possible to arrange to split your time WFH and in the office. The combination of office work and remote working has proved popular post pandemic due to the flexibility it offers, improved work-life balance, cost savings and it can help to attract a wider range of talent

• If you have a disability, you may request reasonable adjustments under the Equality Act 2010, which could include continuing to work from home [8] cited 12.6.24

Employers have a duty to make reasonable adjustments for disabled employees to enable them to do their job.

If working from home is a reasonable and necessary adjustment for a disability, an employer must carefully and fairly consider it.

A disabled employee is able to request to WFH at any time during their employment if it will help them to manage their condition.

While the legal requirement for employers to make reasonable adjustments typically applies to employees with disabilities, you may still request to work from home if you have a long-term health condition that is not classified as a disability.

You should discuss your situation with your employer and explain how WFH could help you manage your health and remain working at the same time.

• If you are unable to reach an agreement with your employer, resolve the issue informally or believe you are being treated unfairly, you may need to raise the issue formally.

You can do so by raising a grievance, which is a work-related concern, problem or complaint [9] cited 12.6.24.

You should put your complaint in writing and then you will later be invited to a grievance hearing and given the opportunity to fully explain it.

Your employer should investigate the grievance and provide you with an outcome, and allow you to appeal against the decision if you are unhappy with it.

If an employer wants to stop you from working at home and get you back working from the office, it should follow a fair and lawful process.

It should communicate and consult with you and be clear about what is required and why, and it should be a constructive two-way discussion.

If you refuse to return to the office, your employer should deal with the situation carefully, consider your reasons for refusal and explore any possible solutions before taking any type of disciplinary action against you.

Your employer should act in a way that is consistent with employment law, the terms of the employment contract, and any relevant workplace policies.

Remember, your employer is generally within its rights to ask you to return to the office, especially if there is a business need.

However, it should consider flexible working requests carefully and try to accommodate them where possible.

If you believe your employer is being unreasonable, you may seek advice from our Employee Support Centre for further guidance on your specific situation.