The current return to workplace legislation

How can I ask employees back to the workplace?

There are a variety of factors that are going to impact whether or not you can request an employee back to the workplace.

As an employer you'll need to consider how you go about asking an employee to return, if the original agreement was permanent or temporary, and if the request is practical.

There's also other more specific considerations that we will look at. From how to handle reluctant employees who don't want to return and considering redundancy, to creating objective data that will support your request.

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Before you begin

The way you request the return to the office will have a huge impact on the reluctance of staff to come back full-time.

If you're considering a return to the office 5-days a week, this will have a massive impact on staff, even if they have only been working remotely one or two days before your request.

What to consider

The tone and wording

This impacts any announcements and the reasons you are citing for the change. Often employers rely on the need to ‘maintain their culture’ and ‘foster collaboration’ but being as specific as possible about the benefits to your business and your employees of a return to the office will help.

The length of notice

If you are changing terms and conditions, you should check contracts of employment to ascertain whether any minimum notice period applies. If so, this should be complied with before the change in working location is implemented to avoid a breach of contract arising. If the contract is silent on this point, employees should still be given reasonable notice of the change.

Point of contact

Communicate your point of contact to answer any questions or hold any discussions related to the request that staff return to the workplace. It is wise to communicate the requests in writing and to take minutes of any discussions, so that there are clear and accurate records of what has been communicated by you and your staff members.

What was the previous agreement?

If there was a temporary arrangement for a specific period of time, or because of a certain event which has now passed, it will most likely be easier for you to now make a reasonable request on notice for an employee to return to the workplace.

If an arrangement for remote working was changed on a permanent basis, and the employee’s contract was expressly or impliedly changed, this means there will need to be a change in terms and conditions.

If an employee does not agree to the change, other options will need to be considered.

What if they say no…

According to the KPMG UK Outlook Survey 2023, 83% of UK executives think that in the future, financial rewards and promotions might be tied to how often employees come to the office.

However, it is important to apply this and other incentive-based policies fairly and equally, so getting legal advice before starting it is recommended.

The ‘special’ health and safety protection is given to all employees, irrespective of their length of service, under the Employment Rights Act 1996.

Trial period

You could propose a trial period with the option to return to the workplace if specific targets aren’t met. Having objective data to show that returning to the workplace benefits your business will make it harder for an employee to dispute and will be seen as fairer if you need to take further steps, like disciplinary action, for non-compliance later on.

Considering redundancy

Employers need to be very cautious in this area. Normally, employees are protected from unfair dismissal only after two years of continuous service. However, the 'special protection' mentioned earlier safeguards employees from unfair dismissal or negative treatment (like a disciplinary warning) from their first day on the job.

Therefore, firing someone for not returning to work could lead to an unfair dismissal claim, even if the employee has only been with the company for a short time.