The legalities of requesting employees back to the workplace

As businesses move forward in a post-pandemic world, many are reconsidering remote and hybrid working arrangements and even contemplating a full return to the workplace.

However, bringing employees back isn’t as simple as sending an email – it requires careful attention to legal obligations and employee rights. Let’s dive into how to navigate the legal landscape when asking employees to return to the workplace.

Understanding the legal foundation

Before you ask your employees to return in-person, it’s important to understand the legal framework surrounding workplace arrangements. Here in the UK, employment contracts play a crucial role in determining whether you can require employees to return. If an employee’s contract explicitly states their place of work is the office, you may have the legal right to request their return. However, if remote or hybrid working was agreed upon as part of their employment terms, you might need to take additional steps to make changes.

If the remote working arrangement was temporary, perhaps introduced during the pandemic, it may be easier to request a return to the office. However, permanent changes to working terms require renegotiation and proper notice. It’s essential to communicate clearly, offer reasonable notice, and ensure you are not breaching any terms of the employee’s contract.

Are your employment contracts clear about workplace requirements? If not, you may need to revisit these terms before making your request.

Notice and communication are key

Even when you have the legal right to request employees return to the office, the way you communicate the decision is critical. Employees should be given reasonable notice before any changes take effect, particularly if the switch from remote to in-office work is a major shift. Reasonable notice typically depends on the terms outlined in the contract, but providing at least several weeks’ notice is a good standard.

Additionally, be mindful of your tone. Phrasing your return-to-office message as a collaborative opportunity rather than a mandate can soften resistance and build understanding. Many employees will have personal concerns or practical issues with returning, so it’s important to create a space for open dialogue and offer support wherever possible.

Handling reluctant employees

Not every employee will be eager to return to the office, and some may resist. So, what happens if an employee refuses to comply? In these situations, the Employment Rights Act 1996 provides guidance, particularly around “special protection” for employees with specific health and safety concerns. For example, employees may have valid reasons for remaining remote due to health vulnerabilities or caregiving responsibilities.

Before taking any drastic measures, it’s important to address employee concerns head-on. Consider alternatives such as phased returns, hybrid working, or a temporary arrangement that allows more flexibility. In some cases, offering a trial period to demonstrate the benefits of returning to the office can be an effective compromise. If all options are exhausted, you may need to seek legal advice before escalating the situation to disciplinary measures.

Are you providing enough flexibility and considering the individual needs of your employees? A tailored approach can go a long way in preventing disputes.

Redundancy and the legal risk

While redundancy may seem like a last resort for employees refusing to return, it’s a risky area to navigate. Employees who have been with your company for less than two years are typically not protected from unfair dismissal; however, all employees are protected from unfair dismissal related to health and safety concerns from day one.

Firing someone simply for not returning to the office, without a solid legal and contractual foundation, could expose you to unfair dismissal claims. It’s important to exhaust all other avenues before considering redundancy, and to ensure that your reasons for terminating employment are legally sound.

Supporting a return with data and objectivity

To make your case for returning to the office more compelling, try to use objective data to support your reasoning. If your business has seen a drop in productivity, communication, or collaboration due to remote working, present these facts clearly to employees. Being transparent about the positive impact that in-person work has on the business – and backing it up with evidence – makes it easier to justify the return and demonstrate that your request is in the best interest of the company and the team.

A trial period can also provide measurable outcomes. For example, setting clear performance targets or improvements to communication during a temporary return period can highlight the tangible benefits of working from the office. It also gives employees the chance to see how returning to the office might benefit them in ways they hadn’t considered.

Need advice?

Curious about whether your employees should return to the workplace? Check out our handy guide for more in-depth insights into the key considerations when making this decision. Need tailored support or legal advice? Book a consultation with our team today and let us help you navigate this transition smoothly while staying compliant with UK employment law.

For more resources and advice on workplace transitions, visit our Knowledge Centre.