Can employers force staff back to the office?

The shift to remote work during the COVID-19 pandemic has had a lasting impact on workplace dynamics. While some companies have embraced hybrid or remote-first models, others are now mandating a full return to the office. This has sparked debates among employers and employees alike, raising questions about the legality of such requirements, the risks involved, and the potential impact on workplace culture and productivity. 

Over the past few weeks we have seen an increase in enquiries coming into our advice line for guidance and I sat down with Nita, an expert HR consultant to address some of the most common questions employers have about requiring staff to return to the office.

This is what Nita had to say on the topic:

Can employers require employees to return to the office full-time?

Nita:  This is a question we often get asked and is not straightforward as a ‘yes’ or ‘no’ answer.   The answer largely depends on the employee’s contract. If the contract specifies the office as the normal place of work, then an employer can require employees to return. However, if remote working arrangements have been in place for a prolonged period without a formal return-to-office directive, employers should consider consulting with employees before enforcing a return.

What if an employee refuses to return to the office?

Nita: If an employee does not have a contractual right to work remotely and unreasonably refuses to return, they could face disciplinary action. Our advice is always to look at the wider picture before going straight down the disciplinary action route.  We always advise employers should assess each case individually. If an employee has a valid reason for refusing, such as a disability covered under the Equality Act 2010, a rigid return-to-office policy could be deemed discriminatory.

How does the flexible working framework impact return-to-office policies?

Nita: Since April 2024, employees have had a day-one right to request flexible working. Employers can only refuse such requests based on one of the eight business reasons outlined in the Employment Rights Act 1996, such as additional costs or a negative impact on work quality. Although legislation is evolving, current laws still provide employers with broad discretion to deny requests.

Are there any risks to enforcing a full-time return to the office?

Nita: Yes, there are both legal and practical risks. Legal risks include potential claims for discrimination or unfair dismissal if employees with legitimate reasons (e.g., disabilities or caring responsibilities) are penalised for not complying. Practical risks include talent retention issues, as many employees—especially younger workers—have become accustomed to hybrid working and may seek employment elsewhere if forced to return full-time.

Why are some of the bigger companies pushing for full-time office work?

Nita: Some employers argue that full-time office work supports collaboration, strengthens team culture, and boosts productivity. However, the impact of remote work varies across industries and job roles, and a one-size-fits-all approach may not be effective for every business.

That said, employers should also consider how their workforce has adapted over the past few years. Many employees now see remote or hybrid work as a fundamental part of their work-life balance. Reversing this trend too abruptly could lead to dissatisfaction, increased turnover, and difficulty in attracting talent—particularly among younger employees who have never worked in a full-time office environment.

That’s really interesting Nita.   I guess there’s also the question of whether office attendance truly translates to better productivity. Some studies suggest that employees can be just as productive, if not more so, when given flexibility and employers should weigh up whether a mandatory return will actually achieve their desired business outcomes or simply disrupt an already functioning workforce.

If an employer is considering mandating employees to return to the office what should they consider before making a decision?

Nita: Employers should carefully evaluate several key factors before enforcing a return-to-office policy. First, they need to review the contractual rights of employees to determine whether mandatory office attendance aligns with their existing agreements.  The impact on employee morale, engagement, and retention should be a major consideration, as abrupt changes could lead to dissatisfaction and attrition. Employers must also ensure they comply with legal obligations, including disability accommodations and flexible working requests, to avoid potential discrimination claims. Lastly, the long-term business implications, such as the costs of maintaining office space and the influence of AI-driven job changes on workforce needs, should be analysed to ensure a sustainable and forward-thinking approach.

And my final question Nita, what’s the best approach for employers who want employees back in the office?

Nita: A phased and consultative approach works best. Employers should:

• Communicate the business reasons for the change.
• Gather employee feedback and consider flexibility where possible.
• Ensure compliance with employment laws and make reasonable adjustments as needed.

As a final thought, in today’s evolving workplace, balancing operational needs with employee expectations is key to a successful return-to-office strategy.