Can your boss legally make you work in the office?

The patterns of remote and flexible working that followed the COVID-19 pandemic and lockdown restrictions are beginning to waver, with more companies enforcing mandatory return to office (RTO) policies.

Manchester United FC hit the headlines for offering employees a resignation payout if they didn’t adhere to its new RTO policy. Meanwhile, technology firm Dell informed employees that they would miss out on pay raises and promotions if they continued to work from home, while ASOS threatened disciplinary action against employees who attend meetings virtually.

Unsurprisingly, RTO mandates have caused quite a commotion among employers and workers. With more rights for flexibility and work-life balance in place, it can leave employees and managers questioning if these policies are legal.

Is it legal for your boss to force you back to the office?

The short answer is yes, but only on certain conditions. 

Employers are entitled to ask employees to return to the office as a “reasonable management request,” if the original employment contract states the role as office-based, and as long as no long-term change was agreed upon. 

However, RTO mandates can pose the risk of discrimination, such as in the cases of employees with disabilities or working parents.

Disabled employees are likely to be at a disadvantage as it might not be possible to comply with a full time RTO mandate. A study by The Work Foundation at Lancaster University reported that 70% of disabled workers stated that if their employer did not allow them to work remotely, it would negatively impact their physical and mental health. 

Further research also revealed that around 58% of disabled employees are working fully onsite, compared to 42% in 2022, and that their stated happiness in the workplace had declined by 9%.

Meanwhile, 30% of working mothers and 17% of working fathers reported challenges in finding flexible work hours, according to research by Opinium. 

Research by Working Families and SF Recruitment also found that only 31% of parents would apply for a role that didn’t list flexible working options in its job description.

Can you request flexible working?

The demand for flexible working has increased significantly, with 40% of employers seeing an increase in flexible working requests in 2023 alone. Subsequent legislation is set to increase such requests further still.

Following the Employment Relations (Flexible Working) Act, employees also have the right to request flexible working from the first day of their employment and can make two requests every 12 months. Employers are also required to consider all requests and discuss possible flexible working arrangements with employees.

However, keep in mind that employers can refuse your request, and the reasons for this remain the same under the new regulations. According to ACAS, there’s no legal right to appeal this decision, but employers should offer the option to appeal as part of a reasonable procedure.

Why don’t people want to return to the office full-time?

In this new post-pandemic setting, some employees are reluctant to return to the office. From noisy coworkers to the expensive daily commute, some have even claimed that they’d rather quit their jobs entirely.

• Commuting is expensive

Insights from Good Travel Management reported that it costs around £421.42 to commute to work via car every month, including the cost of petrol and parking. Rail commuters pay around £91.30 more each month, including the price of a train return ticket and two inner-city buses. London was also reported to have the most expensive travel costs.

• Overly chatty coworkers

The main upside of working onsite is the social element. However, with that comes the risk of reduced productivity and distraction. A study by music licensing company PPL PRS revealed that over two-thirds (67%) of employees find themselves distracted during the workday, with chatty colleagues being ranked as the biggest distraction at 41%. 

• Lack of flexibility

Employees are worried that returning to the office will bring back the traditional 9-5 schedule, which is now considered an outdated and rigid approach to work. Many have experienced the benefits of flexible hours and remote during the pandemic, leading to a better work-life balance. According to the At Work report by Envoy, 35% of employees cite a lack of flexibility in work hours as a major dealbreaker.

Where next for RTO mandates?

RTO mandates aren’t well-received by most employees, as many have grown accustomed to the flexibility and autonomy of remote work. With concerns over losing work-life balance, expensive commuting costs and workplace distractions, many are dissatisfied with the idea of returning to a traditional office setting.

While it isn’t illegal for employers to enforce RTO policies, discrimination against those with disabilities or caregiving responsibilities poses a significant risk for businesses that don’t give such factors due consideration. 

Above all, employees have the right to request flexibility enshrined in law, even if their request isn’t granted.