Yes, but you generally cannot force employees to return to the office if they have valid concerns, such as health issues or caregiving responsibilities, unless you can demonstrate a legitimate business need. Use honey rather than vinegar by addressing those legitimate worries as an integral part of your return-to-work plan.
You have a problem. You run a business. Your employees believe they are more productive when working from home because it improves their work-life balance, allows them to manage their own time, and avoids the stress associated with commuting. At best, they would be prepared to adopt a hybrid model where they visit the office a day or two a week while continuing to work from home for the rest of the time.
You see it differently. Working in the office fosters collaboration and strengthens team dynamics. It promotes spontaneous brainstorming and quicker problem-solving, which can be lost in remote communication. Returning to the office will recreate the sense of camaraderie that you built before the pandemic. While working remotely has advantages, home distractions can affect focus and efficiency.
So, what are the dos and don’ts of returning staff to the office?
Do:
Plan
Create a clear plan outlining the timeline for returning employees to the office, including any phased or hybrid approaches.
Communicate
Provide regular updates about the return-to-office plan and gather feedback from employees to allay any concerns they may have. Involve employees in discussions about the return to the office to address their concerns and preferences. Consulting staff members and their representatives is key. Employees need to understand the business reasons for the request and what is in it for them. Can you bring the change in at the same time as an annual pay review?
Assess
When planning their return, consider employee needs and preferences, such as those related to childcare, health issues, or personal situations. If appropriate, conduct risk assessments to identify potential risks and ensure a safe working environment.
Modify
Adjust the workspace arrangement to create a collaborative working environment. Reduce density in common areas. To ease the transition back to the office, offer flexible working arrangements, such as staggered hours or hybrid work models.
Flexibility
Offer flexibility for employees who have legitimate reasons for working remotely, such as health concerns or caregiving responsibilities. Since April 2024, employees have had a day-one right to request flexible working. An employee could, therefore, make a written request under the statutory procedure to work from home a certain number of days per week. Consider the request and only reject it for one of the eight business reasons set out in the Employment Rights Act 1996, such as the request would have a detrimental impact on quality or place additional costs on the business.
Train
Offer training on new health protocols and procedures to prepare employees for the transition back to the office. Create policies on attendance, remote work, and health protocols that align with your business needs and legal requirements.
Review employment contracts
Ensure that employment contracts align with any changes in work arrangements, notably if you are altering roles or responsibilities.
Don’t:
Discriminate
Don’t treat employees less favourably because of protected characteristics (age, gender, disability, etc). Ensure that your decisions about returning to the office do not disproportionately affect certain groups of employees, which could lead to discrimination claims.
Policies requiring full-time office attendance and/or linking office attendance to bonuses could be discriminatory. If an employee is unable to attend the office, for example, due to pregnancy-related ill-health or a disability, they may have a discrimination claim.
Sex discrimination claims are also a possibility. The courts accept that women are more likely to take a more prominent role in childcare than men.
Ignore guidance
If health authorities or government guidelines recommend against a particular employee returning to the office, you should comply with those recommendations.
Retaliate
Don’t retaliate or take adverse action against employees who express concerns about returning to the office, including those who report unsafe conditions.
Ignore health conditions
If an employee has a disability that may be exacerbated by returning to the office, you are legally required to make reasonable adjustments. Do not neglect employees’ mental health needs and concerns regarding returning to the office. Provide support and resources.
Be secretive
Leaving employees in the dark about changes is counterproductive. Transparency will enable a smooth transition. Provide details on the timeline and any changes to policies or procedures.
Force employees to return
You cannot generally mandate employees’ return to the office if they have valid concerns, such as health issues or caregiving responsibilities, unless you can demonstrate a legitimate business need.
Change employment terms without consultation
Avoid unilaterally changing the terms of employment or working arrangements without proper consultation or negotiation with employees. You may face claims for breach of contract and even constructive unfair dismissal. Termination and re-engagement, or the practice of ‘fire and rehire’, is never an easy process, and the ability to do so is being clamped down on further by the Labour government. Even where contracts contain clear mobility clauses allowing a change to an employee’s place of work, such clauses must be exercised reasonably.
Re-write history
Returning to the same working conditions and practices as before the pandemic, as though it didn’t happen, may not be feasible or legal if circumstances have changed.
