Employer shift in approach to remote working practices

By consequence, this level of flexibility became the most sought-after job perk. When the pandemic eased, very few companies reverted to working five full days in the office and countless employers adopted hybrid-working practices. Over the last year or so, there has been a surge in companies phasing away from remote working practices by enforcing a minimum number of in-office days or advocating for a full five-day office return. For example, Disney made office attendance mandatory for four days a week, and Google made office attendance part of performance reviews. Simultaneously, far more Tribunal cases are citing remote working, and we expect employers to continue to push back on staff flexible working requests which involve working remotely.

Greater conflict and debate around this topic is expected following an Employment Tribunal Judgment (Wilson v Financial Conduct Authority) at the end of 2023, rejecting the case of a senior manager against the UK Financial Conduct Authority for rejecting a flexible working application to work from home full-time. The Judge commented that there was a weakness with remote working and that elements of the Claimant’s role including meeting and welcoming new staff, internal training, supervision and supporting team members would be damaged if they were to be performed entirely online. The Tribunal therefore found that Ms Wilson’s employer was entitled to refuse such application in the circumstances, even though she was a strong performer. The Judge also remarked that those who work with technology would believe it is “not well suited to the fast-paced interplays which occur in, for example, planning meetings or training events when rapid discussions can occur on topics”. It appears that after some time trialling the remote/hybrid approach, companies have decided to revert to pre-pandemic working practices and clamp down on office attendance. We expect that few employees will be on board with such decisions. Office workers have been open about their desire to avoid the morning and evening commute to work, making some more productive at home. Whilst others have admitted to difficulty building team cohesion and feeling a sense of belonging at work. The reality is that traditional business structures have been widely impacted by the availability of modern technology and how this connects people.

Whilst the decision in Wilson v Financial Conduct Authority is not binding, it shows that an employer can successfully defend a decision not to agree an employee’s request to work entirely remotely. It therefore highlights a crucial issue in today’s workplace that is likely to attract ongoing litigation. Whilst the impact of remote working on business is multifaceted, with both opportunities and challenges, employers will continue to debate over the necessity for employees to maintain a physical presence at the office. In truth, the success of remote working largely depends on how well companies adapt to and manage these changes.

As businesses reduce their hybrid working, some employees will be resistant to the change. We advise employers to approach these situations with caution. We suggest that employers review existing workplace policies and/or develop new ones that manage the transition back to office, and that employees seek legal advice if they have any concerns about the process. Employers must also ensure that they have appropriate policies in place to deal with flexible working requests that reflect the statutory time limits, and carefully consider the circumstances behind any request, to minimise risk exposure.

If you wish to seek advice on any of the matters in this article, please do contact our Employment Team on 020 8290 0440. Our Employment Team are here to provide their expertise in policy development, dispute resolution, compliance and strategic planning.

How can we help

As businesses reduce their hybrid working, some employees will be resistant to the change. We advise employers to approach these situations with caution. We suggest that employers review existing workplace policies and/or develop new ones that manage the transition back to office, and that employees seek legal advice if they have any concerns about the process. Employers must also ensure that they have appropriate policies in place to deal with flexible working requests that reflect the statutory time limits, and carefully consider the circumstances behind any request, to minimise risk exposure.

If you wish to seek advice on any of the matters in this article, please do contact our Employment Team on 020 8290 0440. Our Employment Team are here to provide their expertise in policy development, dispute resolution, compliance and strategic planning.