The return to office debate continues, with Amazon being the latest company to return back to the office five days a week as it ends its hybrid work policy
Companies across the UK are announcing back to office schemes, as they discard their hybrid working policy. But what does this mean for employees?
Office furniture experts at Slouch have partnered with Lydia Wawiye, Employment Law Solicitor at Parfitt Cresswell, Jayne Harrison, head of employment law at Richard Nelson LLP and Charlotte Turner, recruitment expert at The Portfolio Group, who share everything employees need to know about their rights.
Do you have to return to the office if your employer asks you to?
On return to office orders, Lydia says: “Employers are entitled to ask employees to return to their normal place of work as a “reasonable management request” if their contracts specify that they would be office based, and no longer-term amendment was agreed. The Employer must provide reasonable notice.
“When considering a request to return to the office it is important that you check your employment contract and any amendments. These may include key terms relating to your place of work, for example if you are working from home or hybrid working then the contract may stipulate the number of days at home and number of days in the office including your place of work.”
Lydia stresses: “Your employer cannot make changes to your place of work without your consent as this is likely to be a change to your contract which may give you the right to bring a claim.”
In light of this, new research conducted by office furniture experts at Slouch has revealed only one in 9 respondents want to work from an office full time.
They surveyed 1,000 Brits to find out what candidates look for when searching for a new job role – outside of salary and the role itself.
Unsurprisingly, the majority of respondents listed flexible working hours (42%) as the most important factor. However, clear differences between age groups were found.
Gen Z listed the option to work completely remote (34%) as the most important factor, whereas Millennials stated they wanted a balance of remote working and office – with the option to choose when (33%), while over half of Boomer’s voted for flexible working hours (51%).
The survey revealed the top 10 priorities candidates look for from a new role as:
- Flexible working hours (42%)
- Option to balance remote working and office – with the autonomy to choose (28%)
- Free parking (28%)
- Option to work completely remote (25%)
- Option to work from anywhere (22%)
- Transport cost covered (20%)
- Perk scheme (19%)
- Sociable team (18%)
- Company holiday (17%)
- Work from office full time (11%)
What if you don’t want to return to the office?
Lydia continues: “The Employment Relations (Flexible Working) Act 2023 came into force on 6 April 2024 and allows employees to make a request for flexible working from day one and up to two requests per year. This means you can ask the employer for changes to how long, when and where you work. Employers must consider all requests, but they do not necessarily have to agree and the business reasons for refusal remain the same under new legislation.”
Jayne adds: “There is a possibility that this could be refusing to obey an employer’s reasonable instruction. In which case, an employer might start disciplinary proceedings. However, it will all depend on why the employee is refusing to attend the office as to whether the employer could legitimately take any disciplinary action against the employee.”
Are you entitled to a pay rise if you need to return to the office?
Jayne advises: “Some employers are using pay rises to entice staff back to the office. There would be discrimination issues that arise from this, given an employee with a disability may have to work from home then they will be missing out on a pay rise due to something that arises from their disability (i.e. not being able to go to the office), and therefore the employer would have to object and justify this or this would be discrimination.”
What do employees consider ‘perks’ today?
On changing attitudes to workplace habits, Charlotte Turner, recruitment expert from The Portfolio Group adds: “While candidates still desire a competitive salary and flexible working arrangements, benefits are now a vital aspect when assessing a new opportunity – and they can be a deal breaker. Not only is a comprehensive benefits and perks package necessary for attracting new talent, but they also help form an essential part of a retention strategy.
“What may have been considered a perk in previous years such as flexibility, healthcare, gym, fruit/breakfast are now expected as standard by candidates when looking for a new opportunity.
“Interestingly, we have noticed that some candidates will consider a lower salary if the right benefits package is in place that meets their needs.”