Back to the office? The pros, cons and legal considerations

The BBC recently reported that Lord Sugar has told workers ‘they’ve got to get their bums back to the office’. This follows other recent examples of employers requiring employees to increase their office attendance and, in some cases, return to working in the office full-time.

However, with many employees finding that hybrid and remote working has improved both their lifestyle and their work productivity, employers are advised to weigh up the pros and cons before enforcing a partial or full return. Further, employers should not make any changes without being aware of the legal considerations.

The pros and cons of a return to the office

Cons of returning employees to the office:

• Many employees prefer or require remote or hybrid work arrangements for a variety of reasons.
• Employers must maintain office spaces, utilities, and amenities and therefore higher operational costs.
• Employees may face longer commutes, leading to decreased work-life balance.
• Forcing employees back without flexibility may result in dissatisfaction, disengagement and lower morale.
• For some roles, employee productivity and efficiency is generally higher when working from home.
• Employers may face resistance from employees when requiring them to return to the office. There is a risk of employee grievances and/or resignations which will need to be managed.

Pros of returning employees to the office:

• In-person interactions often lead to better communication and teamwork and improved collaboration.
• Face-to-face interactions help reinforce corporate values and employee engagement leading to stronger company culture.
• Some roles and industries benefit from structured office environments which could increase productivity.
• Employees can take advantage of office facilities, tools, and support staff.
• Managers can provide more direct oversight and mentoring opportunities, improving supervision.

Can an employer ask an employee to return to the office?

If employers do want to force a partial or full return to the office, they should start by checking any hybrid working policy and employees’ contracts of employment. If there has been a permanent change to employees’ terms and conditions so that they now have a contractual entitlement to work from home, employers will need to make changes to employee terms and conditions. Employers need to be aware that there could be a permanent change to terms and conditions through custom and practice, irrespective of whether there is an express contractual term. If an employer makes a unilateral change to employees’ terms and conditions, they could face claims for breach of contract and constructive unfair dismissal.

Risk of discrimination claims

Requiring a partial or full return to the office could be discriminatory. For example, an employee may be unable to attend the office due to a disability or be working from home as a reasonable adjustment as a result of a disability. Further, requiring increased attendance at work could disadvantage women due to them being more likely than men to play a larger role in caring responsibilities.

Comment

Given the risks associated with returning employees to the office, employers should seek legal advice on the nature of the consultation required and also how to manage the risk of discriminating against employees with protected characteristics under the Equality Act 2010.

Many employees have adapted to remote or hybrid work models. If a full return is not necessary, employers should consider hybrid arrangements that balance in-office requirements with remote work. This approach helps retain talent, acknowledges employees’ evolving work preferences and mitigates the risk of discrimination claims.

By taking these factors into account, employers can create a return-to-office plan that supports business goals while fostering employee satisfaction and retention. Thoughtful planning and open communication will be key to a smooth and successful transition.

For more information about this article or any other aspect of people services reimagined, download our App for Apple or Android, and contact your integrated HR, employment law and health & safety team at AfterAthena today. For new enquiries, book your free consultation with a qualified expert to get started.