An employment lawyer has warned people they could face disciplinary action – and even be sacked – if they refuse to return to the office full time. Despite many workers having become accustomed to remote working since the Covid pandemic, many businesses are now making a concerted effort to urge staff back to the workplace.
This includes e-commerce giant Amazon which has notified staff they’ll be working from the office five days a week from the start of next year. Off the back of this, Jayne Harrison, head of employment law at national law firm Richard Nelson LLP, has revealed people’s rights if their boss instructs them to return to the office full time – including whether they’d be entitled to a pay rise.
She said: “If the employee’s normal place of work is in the office, then asking them to return to the office full time would be a reasonable management instruction. Should Brits refuse to obey this instruction then an employer could start disciplinary proceedings. Refusing to obey lawful and reasonable instruction can be used as an example of gross misconduct in the disciplinary procedure.”
For those who have been working remotely, Jayne did highlight that if an employer has agreed to changes that allow staff to work from home then although this may not be in writing it can still be viewed as a contractual change. In this instance it would be more challenging for bosses to instruct staff back to the office full time.
For those expecting to be incentivized back to the office with a pay rise, Jayne, head of employment law at Richard Nelson LLP, added: “Strictly speaking, staff are not entitled to a pay rise if they are directed to return to the office full time. A discrimination issue could actually arise from this given an employee with a disability may have to work from home and therefore they’d be missing out on a pay rise due to something that arises from their disability i.e. not being able to go into the office.”
Should Brits have concerns about returning to the office full time, Jayne has urged people to have an open and honest conversation with their employer. In these conversations workers should outline the reasons why they would not want to return to the office full time in a bid to reach a compromise with their boss.
If this informal approach doesn’t work, a more formal route can be taken such as by making a Flexible Working Request, or even a grievance.
A permanent or temporary change to how you work can be outlined within a Flexible Working Request. This can include; working from home, working your usual hours in fewer days, working ‘core’ hours, but varying your start and finish time or starting and finishing at different times from your colleagues.