Skip to content
ADVERTISEMENT

Workers rights changes could make it harder to force employees back into office, says Magara Law

Roy Magara noted that employers could face a tougher test when refusing requests from staff who want to continue working from home under changes planned for autumn 2027.

Roy magara employment law solicitor magara law
ADVERTISEMENT

Employers could face a tougher test when refusing requests from staff who want to continue working from home under changes planned for autumn 2027, according to Magara Law.

Roy Magara (pictured), solicitor advocate and founder of Magara Law, said employers could have return-to-office policies, but these did not remove an employee’s right to make a flexible working request.

Magara said: “If you have been working from home three days a week for four years without an issue and that is now changing, I would be asking what has changed.

“If you are told everyone has to be in the office three days a week because that is the company policy, you can still make a flexible working request asking to keep the arrangement you already have.

“Your employer doesn’t have to agree to it, but there are eight business reasons they can rely on to refuse the request and ‘that’s our policy’ isn’t one of them.”

ADVERTISEMENT

Magara added: “The important thing is to think about why the employer wants you back in the office.

“If they are concerned about performance, look at how you have performed while working from home. 

“If it is about clients, look at whether there have actually been any problems dealing with those clients.”

ADVERTISEMENT

He said: “There may be a good business reason, but your performance, targets and feedback over that period are all relevant.

“A company can have a return-to-office policy, but that does not remove an employee’s individual right to make a statutory flexible working request. 

ADVERTISEMENT

“The employer still has to consider that request on its own facts.”

ADVERTISEMENT

He added: “The law regarding flexible working is not the only consideration. 

“Where a request is connected to disability, childcare or another protected characteristic, employers may also need to consider their obligations under the Equality Act 2010, including the separate duty to make reasonable adjustments where applicable.

“The reforms will also give employees a route to challenge an unreasonable refusal in the Employment Tribunal, which could order the employer to reconsider the request and award compensation.”

Magara said: “There will be cases where working from home simply isn’t workable for the business.

ADVERTISEMENT

“But if the original request can’t be agreed, that shouldn’t necessarily be the end of the discussion. There may be another arrangement that can work for both sides.

“That could mean changing the number of days, which days are worked from home or agreeing something on a trial basis.”