Yahoo Finance Can your employer force you to go back to the office?
Working from home or in the office part-time has become the norm for many people since the pandemic. But despite the obvious benefits – a happier workforce with a better life-balance is ultimately more productive – organisations are beginning to reel their employees back into their physical workplaces.
Nearly two-thirds of bosses believe that workers will return to the office five days a week within the next three years, according to the KPMG CEO Outlook survey. Moreover, a majority of company leaders think pay and promotions could become linked to office attendance.
However, this is at odds with what most workers actually want. A poll of 5,600 people by FlexJobs found that 96% of workers believe a remote or hybrid work arrangement is best for their mental health. And being able to work flexibly is so important to people that most would rather quit their jobs than return to the office.
So what can you do if your employer is trying to force you to return to the office full-time – and what are your legal rights?
Check your contract
Firstly, it’s important to check your contract to see if you have any say over where you work, says employment lawyer Nicholas Le Riche, partner at the law firm BDB Pitmans.
“The starting point will be the employee’s contract, if their workplace is stated as being the office or another of the employer’s work locations then the expectation will be that that is where they should be working from, unless a change has been agreed with their employer,” he says.
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However, Le Riche explains, it becomes more complicated if someone has been working remotely or in a hybrid way for a long period of time.
“This raises questions about whether there has been a change of workplace through custom and practice,” he says. “It may depend on whether the hybrid or remote working arrangements have been described as ‘temporary’ and whether the employer has confirmed that they have the ability to change or end the arrangements at any time.”
If it’s clear that your workplace is the office, though, then refusing to return could lead to disciplinary action – or even being fired.
Request flexible working
Working from home is more than just a perk for many people. For parents, being able to work flexibly is the only way to balance work and childcare – so if your employer is pressuring you to return to the office, it can be stressful.
Your best bet is to make a flexible working request, in which you can ask to work from home, work in a hybrid way or to change your hours on a permanent basis. Your employer will have to consider your request and consult options with you - although they don’t have to approve it.
Valerie O’Hanlon, career coach at Clarence Consulting, advises checking your company’s policies and procedures on flexible working, before proposing anything to your boss.
“Outline the benefits of you having the opportunity to work more flexibly, and address the concerns you think your manager might have,” she says. “In your proposal, make it clear that you have really thought about this - taking into account your ability to use remote working technology, how you’ll communicate with the rest of the team, and how you’ll work on your projects.”
It can also help to think about why your boss wants you in the office. If you address their concerns – like wanting more collaboration among employees – they’re more likely to see your point of view. If you’ve been working remotely already, come to the meeting armed with facts and figures that prove you can do your job successfully from home.
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“Be ready to compromise, negotiate or to work flexibly for a trial period. One or two days working from home is better than none,” says O’Hanlon. “Give them suggestions as to what flexible working will look like. For example, whether you’ll work a compressed week or shorter days.”
Follow up the meeting in writing and ask that they come back to you within a certain period of time. Ultimately, your employer won’t want to lose you - or have a mass exodus of employees - so they should be willing to negotiate a working arrangement to suit everyone.
Watch: What to do when your employer changes its remote working policy
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