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Returning to the office – where do I stand? 

Published: 25 Sep 2024

Photo of an empty modern office

Across the nation, employees are finding themselves in the middle of a U-turn on flexible working. Despite many organisations reaping the benefits of the shift toward flexible working that was kickstarted by the pandemic, many corporations are mandating employees back to work by rolling out Return to Office (RTO) policies. Some organisations are even warning that employees they may be less likely to get a promotion or will forego their bonus should they continue to work remotely. Many organisations are thinly disguising these threats as ‘incentives’, whilst others are starting to direct their workers return to the office. But where do individuals, many of whom have organised their lives around hybrid or remote working, stand?  

Unfortunately, there is currently no absolute right to work from home. Whether an employer is legally justified in asking employees to return to the office will depend on contracts, which should be your starting point. Each person’s circumstances should be evaluated on a case-by-case basis. If you are a parent or carer, your strongest argument will be that you have caring responsibilities. Failing to take this into account could amount to potential indirect sex discrimination. There is plenty of advice on imposed change on our website as well as template letters you can use, to protest the change.  

Steps to take 

  • The first thing to do is read your employment contract carefully. You may have a ‘variation’ or ‘flexibility’ clause. The wording must be clear that your employer can make the type of change they want to make. It may explain the process for making changes and any notice you should be given.   
  • If your contract does not have these clauses and you have agreed the changes verbally, this may still constitute an agreement.  
  • If there has been no formal agreement, but you have worked in a particular way for some time (a few months) with the permission of your employer, you could argue that your current arrangements are part of your contract.  
  • We always advocate that you first try communicating with your employer to resolve things informally. If you cannot reach a compromise, please follow the suggested options below and on our website.  

Your options  

We would suggest first trying to deal with the imposed change with one of the options below before requesting flexible working. If a solution cannot be agreed on, then requesting flexible working is another option available to you. Please see our website for guidance on requesting flexible working, and what to do if your request is refused.

  • Do nothing and carry on working the new hours, making no objection. You will most likely be seen to have agree to the change and your contract will be changed to incorporate the changes 
  • Negotiate with your employer to seek agreement or compromise. 
  • Continue working under protest. To do this, you need to let your employer know in writing that you object to the change. We have two sample letters of protest to use depending on the circumstances.   
  • Refuse to work the new terms, and continue working under your old agreed terms. 
  • If you are a member of a union, you can also involve your union to protest the change on your behalf.  

For more in-depth information about your rights when your employer wants to change your hours or location please visit our advice pages or seek legal advice from our helpline.