What are your rights if your boss asks you to come back to work?

Here is some guidance to help you understand your rights about returning to work after a period of working from home. However, please do note that this advice does not constitute legal advice, which you should always seek from an HR executive or legal professional.

What is the latest advice from the Government?

In the UK, the Government’s working from home guidance ended when many other COVID-19 restrictions did on 19th July 2021. This means that workers are no longer advised to work from home, so it’s likely that employers will start plan for members of staff to start returning to work.

However, many companies are keen to keep a “hybrid working” or “flexible working” structure in place since lockdown, with employees working partly at home and partly in the office, including big businesses like Google, Uber and Microsoft. Some businesses have even locked up their office doors and have moved to a complete remote working structure.

So, what if your boss has asked you to come back to the office, either permanently or on a part-time basis. Do you have to?

Depending on the terms of your contract, the likelihood is that you should return to work if your manager asks you to do, as a “reasonable management request”. Many contracts will stipulate that your work is to be carried out in your office.

You can, however, legally request “flexible working” if you have worked for the same employer for at least 26 weeks. Your employer will have to deal with your request in a “reasonable manner”, whether that’s assessing the pros and cons of your requests and having a meeting with you to talk about your requirements. They should also let you appeal their decision if you don’t agree.

If you already have a flexible working agreement in place, then your employer can’t change this without your consent first.

More information on requesting flexible working is available here.

What if you don’t feel safe working in an office?

Your employer should be doing all they can to keep your office a safe place to work. This includes:

Completing a health and safety risk assessment, considering adjustments needed for all staff
Making sure there’s plenty of fresh air in indoor spaces by providing adequate ventilation (a CO2 monitor can help)
Having the office cleaned more frequently
Providing hand sanitisers
Ensuring those who have any COVID-19 symptoms do not come to work and instead self-isolate
Encouraging the continued use of face coverings, particularly in crowded indoor spaces.