A group of civil servants have begun industrial action to campaign against the closure of six offices, which has led to the imposition of rigid attendance policies. While employers are within their rights to restrict working from home, or even stop it entirely, they must consider the risks, be aware of how to implement potentially unpopular policy changes smoothly and understand how to deal with any repercussions. 

Restricting working from home practices can be harmful for recruitment and retention, with loss of talent being a significant risk. A recent survey found that 34 per cent of professionals aged 25-34 would be more likely to resign if they were required to work in the office more, and among 18 to 24 year olds the figure is similar, at 29 per cent. This may be because younger generations haven’t known anything else, having never experienced working in an office full time. The risk of talent loss is therefore particularly high among younger workers, as well as among those with accessibility needs or childcare responsibilities, for whom flexible working is a necessity. 

Every employee has the right to request flexible working from day one, but this doesn’t restrict an employer’s ability to require people back in the office. By the time a policy’s been introduced, the business rationale behind the change should have already been laid out which, if having properly considered all the usual potential discrimination risks, will pre-empt complaints and enable organisations to justify any likely refusal of flexible working requests. 

Employers looking to implement policy changes must first look at their employees’ contracts, which detail place of work and core hours. A contractual change will be needed if an employer wishes to bring previously fully remote workers into the office, for example. 

Other policies, such as work from home or agile working, must also be addressed. Businesses must tread carefully here to avoid discrimination complaints. If too aggressive an approach is taken, they could end up facing unfair dismissal or discrimination claims from those with accessibility requirements or carer responsibilities, which make office attendance difficult. 

To overcome these challenges and implement policy changes smoothly, a thorough consultation process must be undertaken, during which issues are pre-empted, and measures are put in place to mitigate any risks. This process also helps to ensure all employees are happy and comfortable with the changes.

Open and honest communication is also key to quell any conspiracy theories or rumours behind the change and highlight the benefits of coming back into the office, such as an enhanced culture, better training opportunities for new recruits and stronger collaboration. Employers should engage in dialogue with employees, welcoming questions and addressing concerns to ease any apprehension among staff. 

Where policies are not well received, businesses could backtrack and take a less hardline approach by adopting a more structured agile working policy instead of forcing full office attendance. Remote workers could start by coming in two days a week, for example. Delaying a full return to office, via a phased return, shows an employer that’s willing to compromise. This could also ease younger people into the idea of office work as they start to see the benefits of working as part of a team.  

A phased return does run the risk of added red tape as it takes more time to implement, however, and companies must be careful to avoid having a differently tiered workforce. If certain people are required to come back in a different capacity from others, resentment and tensions will build, creating an unhappy culture, so it’s vital that employers are consistent when applying policies. However, there will always be exceptions, particularly where accessibility requirements are concerned, and these must be managed carefully to avoid breaching data protection and privacy rights, as it can be sensitive for all involved. This is why a thorough consultation process is essential before implementing changes, as it provides an opportunity to pre-empt all these factors and ensure a smooth transition. 

A report from the Office for National Statistics found that 41 per cent of degree-educated Britons work from home some, or all, of the time currently, which means bringing the workforce back into the office is no small task. Organisations should approach this carefully, focusing on communicating the positives of in-person work to highlight the benefits and entice people back. A thorough consultation process before implementing policy change is essential for mitigating long and short-term risks and ensuring a smooth transition. 

Philip Pepper is an employment partner at Shakespeare Martineau