It has been reported that Manchester United minority shareholder, Sir Jim Ratcliffe, has told employees they need to return to the office full-time, citing a boost to productivity and reduction in email traffic as his reasons for the move. It is also reported that he told staff they should seek “alternative employment” if they were not willing to return. Other employers have also started to request that staff come back into the office 5 days a week, including JP Morgan and Boots – who promised better office Wi-Fi and food to entice staff back in.

Many workforces have been working under flexible arrangements since Covid-19. This has included, among other things, staff members temporarily leaving the office to work part-time or full-time from home. Over time, this move has settled into a more balanced model of hybrid working, with different hybrid arrangements meeting the needs of employers and staff alike.

Employers’ attitudes towards office attendance are now starting to change with a return to pre-pandemic office attendance becoming more prevalent.

The law (and practicalities)

Employers are required to give employees a written statement of particulars of employment (usually set out in the employment contract), including where their place of work will be. Details of any non-contractual organisational arrangement will usually be found in a corresponding policy in an employers’ handbook.

If an employee had a contractual right to work flexibly or remotely and the employer wanted to remove that, then there would likely need to be a period of consultation to change the employee’s terms and conditions. If an employer has a non-contractual policy, then there may not be a need to consult staff.

In addition, individual employees can make statutory flexible working requests. This involves making a change to when, where or how an employee works, which could include remote or hybrid working.

There have recently been changes to the legislation around flexible working, with the key changes being:

  • an increase to a maximum of 2 requests (previously only 1) that can now be made in a 12-month period;
  • a requirement that employers respond to requests within 2 months;
  • a requirement that employers consult with the employee on the request before it is rejected;
  • removal of the requirement for the employee to work for a minimum of 26 weeks before making their first request (this is now a day one right); and
  • removal of the requirement that the employee explain any effect that their request may have on the employer and how to deal with it.

Our 5 top tips for employers

  1. Keep flexible working arrangements out of the employment contract – this can narrow your options if business needs change down the road. Instead detail your flexible working arrangements in a policy to provide everyone with the information they need
  2. Even if there is not a contractual need to, consult with your workforce on their preferences and their requirements before announcing any big changes
  3. Review the expected impact of such a change on workforce productivity and morale and find a balance in outcomes. Pre-plan how to sensitively communicate the changes with your staff and stakeholders
  4. Deal with statutory flexible working requests carefully and appropriately
  5. Do not pre-judge any decisions. Deal with each request on a case-by-case basis.

Flexible working arrangements look different for every organisation, but what they should have in common is that they meet the needs of the business and its workforce together to optimise performance, productivity, and wellbeing.

If you have any questions about changing the terms of employment for your workforce, please get in touch.