People who work from home have been cautioned about a potential ‘back to office’ mandate as numerous businesses are now actively encouraging staff to return to the workplace. This shift follows the Covid-19 pandemic, during which many employees had adapted to remote working. Notably, e-commerce giant Amazon has informed its employees that they will be required to work in the office five days a week starting from next year. In light of this, Jayne Harrison, head of employment law at the national law firm Richard Nelson LLP, has outlined potential repercussions for individuals who refuse to comply with a full-time office return directive. She explained that failure to adhere to a reasonable management instruction to return to the office could lead to disciplinary action, including possible termination for gross misconduct.
Moreover, Harrison highlighted that for employees who have transitioned to remote work with the employer’s consent, even if not explicitly documented, this arrangement could be considered a contractual change. In such cases, it could be more challenging for employers to mandate a full-time office return. Addressing the expectation of a pay rise to incentivize the return to the office, Harrison clarified that employees directed to resume office work full time are not automatically entitled to a salary increase. She also pointed out the potential for discrimination issues if an employee with a disability is disadvantaged by the requirement to work in the office due to their inability to do so because of their disability.
Individuals with apprehensions about returning to the office have been advised by Harrison to engage in transparent discussions with their employers. These conversations should involve explaining reasons for hesitancy in returning full time to explore potential compromises. Should informal dialogues prove unproductive, employees can pursue formal routes such as submitting a Flexible Working Request or filing a grievance. A Flexible Working Request allows employees to propose permanent or temporary changes to their work arrangements, including working from home, compressing work hours, or adjusting start and finish times to align with personal needs or preferences.