Forced back to office after Working from Home
The shift to working from home during the pandemic changed the lives of many employees across the UK. For some, it provided the flexibility to move further away from the office, or even to a different part of the country altogether.
But what happens if your employer now insists you return to the office, even though you’re living hundreds of miles away? If you’re worried about being forced back into the office after working remotely, it’s important to understand your rights and options.
In this blog, we’ll cover what your employer can and can’t do when it comes to changing your place of work, how your employment contract comes into play, and what steps you can take if you find yourself facing an impossible commute or risk of dismissal.
See also our Guides on Working from Home, Flexible Working, Remote Working and Employment Contracts.
Working from home: What does your contract say?
The first place to start is always your employment contract. This will set out your official place of work, and whether remote working arrangements were ever intended to be permanent. Many employers allowed working from home as a temporary measure, but in some cases, contracts were updated to make remote work your normal arrangement.
If your contract says your workplace is the company’s office, your employer can usually require you to return, even if you’ve been working from home for months or years. However, if your contract was changed to specify home working, or is ambiguous, you may have grounds to argue against being forced back into the office.
Can your employer force you back to the office?
If your contract specifies an office location and there’s no agreement to the contrary, your employer generally has the right to require you to return there.
They should, however, give reasonable notice, especially if a move means significant disruption to your personal life. Employers are also expected to act fairly and reasonably, considering individual circumstances.
If you moved far away during the work-from-home period and your employer knew about it, but never objected, you might be able to argue that remote working has become an implied term of your contract. However, this is not guaranteed, and would depend on the length of time and the communications – if any – you’ve had about it.
What if you can’t reasonably return?
For many people, a very long commute simply isn’t possible. If returning to the office would cause real hardship – for example, due to family, health, or financial reasons – you should explain your situation to your employer in writing. Ask them to consider whether continued remote working, or a hybrid arrangement, is possible.
If you have caring responsibilities or a disability, you may also have the right to request flexible working, or reasonable adjustments under the Equality Act 2010. Employers must give proper consideration to such requests and provide clear business reasons if they refuse.
What if your employer insists you return to the office?
If your employer will not budge and insists that you have to return to the office, you could:
- Formally request flexible working: You are entitled to make a statutory request for flexible working, which your employer must consider carefully.
- Negotiate a compromise: Propose a hybrid or phased return, and/or seek support with relocation or travel costs.
- Appeal the decision: Use your company’s grievance procedure to challenge the requirement, especially if you believe it’s unreasonable or discriminatory.
- Seek advice: If your employer starts disciplinary proceedings, or threatens dismissal, get expert legal advice straight away from specialist employment lawyers like Monaco Solicitors.
Could you be dismissed for refusing to return to the office?
Refusing a reasonable instruction to attend the office could put your job at risk, especially if your contract supports your employer’s decision. However, any dismissal must still be fair and follow the correct procedure.
If you have over two years’ service, you may be able to claim unfair dismissal, particularly if the demand to return is genuinely unreasonable for your circumstances.
If your employer dismisses you for refusing an instruction that isn’t clearly stated in your contract, or that goes against an established pattern of home working, you could have an even stronger claim.
What to do next?
Start by carefully reading your contract and any recent communications about your place of work.
Gather evidence showing your employer agreed to, or accepted, remote working – this could include emails, letters, or company-wide announcements.
Then, open a dialogue with your employer. Be clear about your situation, and try to find a compromise.
Get expert help
If things don’t improve, or you feel under threat of disciplinary action or dismissal, contact Monaco Solicitors, specialist employment lawyers, for expert support.
We can help you understand your rights, negotiate with your employer, and protect your position if you’re being treated unfairly. Get in touch:
By email: communications@monacosolicitors.co.uk
By phone: 020 7717 5259
Or via our online contact form here, or in ‘Do I have a Case?’ below
