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Thinking about reversing remote working for your employees?

It’s something many business owners are considering right now. But rushing the process or missing out crucial steps could end up costing you more in the long run.

Before making any changes, you need to understand the risks and how to do things properly.

Risk 1: You could lose good people

If you bring people back to the office on a whim, you could lose people you can’t easily replace. Good employees who’ve been working well from home won’t all accept the change quietly. Some will leave; others will start looking.

In a small team, losing even one or two key people is disruptive and expensive.

Risk 2: Productivity may go down

Whilst culture and productivity may be better in the office, some roles genuinely work well remotely. Reversing remote working for everyone without considering alternatives may not actually enhance productivity in the way you expect.

Risk 3: Legal and formal risks

Employees with caring responsibilities or disabilities may argue that removing remote working puts them at a disadvantage. That opens the door to discrimination claims.

Since April 2024, employees can request flexible working from their first day of employment. If someone submits a request, you have to follow a statutory process. You can’t simply say no because you’ve decided everyone needs to be in the office.

Employees are also more willing to use formal channels than they were a few years ago. If you handle this poorly, you could face grievances that cost money, take up time and damage the working relationship.

What to check before making changes

Start with your contracts. If remote working was agreed as a permanent change, written into the contract or confirmed in a letter, it may now be a contractual term. Removing it isn’t as simple as issuing a new instruction.

If it was described as temporary or discretionary, you have more room to move. But even then, what you’ve allowed in practice over a sustained period can create an implied term.

Think about whether every role genuinely needs the same arrangement. A blanket approach is easier to communicate but harder to justify if challenged.

How to reduce the risk

If you decide the commercial case is strong enough, there are practical steps that reduce your exposure.

Be honest and specific about your reasons. “We want people back in the office” won’t hold up. Explain the business rationale clearly, whether that’s collaboration, development, client service or operational need.

Consult before you confirm. Talk to your team before making a final decision so they feel heard. Skipping consultation is one of the quickest ways to trigger grievances.

Consider a phased approach. A trial period of 2 or 3 days in the office gives you data and gives employees time to adjust. It also shows a tribunal, if it ever came to that, that you acted reasonably.

Document everything. Keep a record of your rationale, the consultation you carried out and the decisions you made. If someone challenges the change later, this is what protects you.

Apply changes consistently. If you bring some people back but let others stay remote without a clear, role-based reason, you open yourself up to claims of unfair treatment.

If you’re not sure whether the commercial upside is worth the retention and legal risk, get advice before you act. A middle ground that gives you more structure without a full reversal may be the smarter move.

Where an HR consultant can support you

An experienced HR consultant can review your contracts and policies, assess your legal exposure and help you to design a consultation plan that reduces risk.

We can also support you in handling flexible working requests correctly and help your managers to deliver consistent, defensible decisions.

If you’re considering changing your remote or hybrid setup, speak to us before making any announcements. A short conversation now could prevent resignations or claims later.

Get in touch and we can chat through things confidentially to see how we can help.

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