Can I be forced back into the office after remote working?

As many companies revert back to traditional office working, you might feel uneasy about going back. For some, remote working has transformed from a temporary measure to a preferred working style, offering benefits, including: 

• increased productivity
• no office politics
• no wasted commuting time
• saving money on travel
• more efficient use of lunch breaks
• easier family/childcare arrangements 

It’s understandable that not everyone wants to return to the office, but can your employer force you to?

Check your contract

The starting point is your contract. It will probably specify a place of work. If you’re normally based in the office, your employer is entitled to call you back to the office.

What can you do if you don’t want to return to the office? The next step might be to make a flexible working request. 

Your rights for flexible working request

All employees have a legal right to make a flexible working request. This right can be exercised from the first day of employment. Employees can request changes to:

• the location of work
• the days of work
• number of hours of work
• start and finish times of work

Employees have the right to make two statutory applications for flexible working within a 12-month period.

The process is similar to the grievance process, where employers must consider your request fairly following the ACAS Code of Practice on requests for flexible working.

Once a statutory application for flexible working has been submitted, the employer must discuss the request with you and make a decision within two months. 

Keep in mind that your employer can refuse the application for ‘business reasons’, including:

• extra costs
• the work cannot be reorganised among other employees
• a negative effect on performance 
• the business will not be able to meet customer demand
• the business is planning  changes to the workforce

Make a flexible working request

Your request must be in writing. You need to say you’re making a statutory flexible working request.

In your flexible working request, make sure you include:

• the date of the request
• the change you’re asking for and when you want it to start
• how you and your employer can manage the change
• the date of any previous flexible working requests you’ve made and
• if your request is connected to discrimination law, for example because you are making a request for reasonable adjustments.

It’s also a good idea to include any benefits the change could have, for example, increased productivity or reduced stress. If you’ve successfully worked from home in the past, it might be worth bringing up to help prove your case.

What happens when you submit a request

Your employer should talk with you before they make a decision on your request. 

If your employer agrees to the change, they should update your contract with the new arrangements. It’s important to note: if your employer says yes to flexible working, it doesn’t give them the right to unilaterally change any other terms of your contract, such as pay. 

If your request is rejected and you think it was handled incorrectly, it’s always best to try to discuss this with your employer informally first. If that doesn’t work, you may be able to appeal the decision or bring your case to an Employment Tribunal.

Investigate hybrid working

Hybrid working means splitting your working hours between the office and home (or some other remote location). Hybrid working can reduce costs for employers while offering flexibility to workers, but there’s a lot your employer needs to consider to make sure you are supported while working remotely. 

As a result of the pandemic, some employers are offering hybrid working arrangements and consulting with employees and unions on the introduction of a hybrid working policy.

This may be something you could discuss with your employer before making a flexible working request, or if you’re not eligible to make one.

Request reasonable adjustments

If you’re disabled, you can ask your employer to make a reasonable adjustment to your working arrangements to reduce the effect your disability has on your job. This could include working from home or hybrid working. 

UNISON, the public service union carried out a survey in 2020: Covid-19 and disabled workers: Time for a home working revolution where they asked disabled people about their experiences working remotely: 73% felt that they were more or as productive. Reasons included reduced pain caused by commuting and less sickness time off because they were able to better manage their conditions. This could be a good case study to cite when making a request for reasonable adjustments.

Need to raise an issue? Valla has you covered

If you’re thinking about making a flexible working or reasonable adjustment request,, use Valla’s Timeline feature to help. This ensures that you have an accurate record of when you made a request, including a copy of your request, so you can follow up with your employer when appropriate.

‍Create your free account.