The Unseen Risks of Restricting Flexible Working

As more organisations push for a return to the office, the move is not without resistance. Earlier this year, a group of civil servants took industrial action in response to the closure of six offices and the introduction of strict attendance policies. While employers are legally entitled to restrict working from home, or stop it entirely, doing so without careful planning can carry significant risks.

Recruitment and retention challenges

One of the most pressing concerns is the potential impact on recruitment and retention. A survey by Kahoot! found that 34% of professionals aged 25-34 would be more likely resign if they were required to work in the office more, and among 18–24-year-olds, the figure is similar at 29%.

For many in these age groups, remote or hybrid working is all they’ve known, making a full-time return to the office a difficult adjustment. 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.

Legal considerations and policy implementation

Although every employee now has the right to request flexible working from day one of employment, this does not prevent employers from requiring office attendance. 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 employers to justify any likely refusal of flexible working requests.

Before implementing changes, it’s essential to review employment contracts, particularly clauses relating to place of work and core hours. If a previously remote employee is to be brought back into the office, this may constitute a contractual change requiring formal agreement.

Avoiding legal pitfalls

Employers must also review existing policies, such as those covering remote or agile working. A heavy-handed approach could lead to claims of unfair dismissal or discrimination, especially from employees with protected characteristics. To mitigate these risks, a thorough consultation process should be undertaken. This allows concerns to be addressed early and helps ensure that employees feel heard and supported.

Communication is key

Clear, honest communication is vital. Employers should explain the reasons behind any changes and highlight the benefits of office-based work, such as improved collaboration, stronger workplace culture, and better training opportunities for junior employees. Encouraging open dialogue and addressing concerns can help ease the transition and reduce resistance.

Taking a phased approach

Where policies are not well received, employers could backtrack and take a less hardline approach by adopting a more structured agile working policy instead of forcing full office attendance. For example, introducing a structured hybrid model – such as two days in the office per week – can help ease employees back into office life. This phased return can be particularly effective for junior workers, who may come to appreciate the benefits of in-person collaboration over time.

However, phased returns can introduce complexity. Employers must be careful not to create a two-tier workforce, where some employees feel unfairly treated. Consistency is key to maintaining morale and avoiding internal tensions.

Managing expectations with care

There will always be exceptions, particularly for those with accessibility needs. These must be handled sensitively and in line with data protection and privacy laws. 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.

Taking a strategic and sensitive approach

With the Office for National Statistics reporting that 41% of degree-educated Britons currently work from home at least some of the time, bringing employees back into the office is no small task. Employers must approach this carefully, focusing on the positives of in-person working and ensuring that any policy changes are implemented fairly and transparently.

A well-managed consultation process not only reduces legal risk but also helps foster a more engaged and resilient workforce.

How we can help

Our team of employment lawyers can provide clear, practical guidance on updating your workplace policies while minimising legal risk. From reviewing contracts and policies to advising on consultation processes and discrimination considerations, we ensure your approach is compliant and fair.