In an attempt to strengthen their company culture, increase collaboration, and boost performance, many UK businesses are pushing for a return-to-office (RTO) after years of post-pandemic remote and hybrid working.
According to new online research by the British Chambers of Commerce (BCC) carried out between April-May 2025, 41% of the 583 businesses surveyed have increased their requirement for onsite working over the past year.
With more than two fifths of the survey’s respondents looking to drive office attendance, many businesses are evidently in support of RTO – in theory at least – but just how easy is this in practice?
Navigating resistance to staff RTO
With a significant percentage of the workforce now working remotely or enjoying hybrid working arrangements (some 31% as of February 2026), businesses should be prepared for potential challenges and ensure their team members are equipped with the right tools, policies, and procedures to maintain productivity – regardless of staff location.
At Peach Law, among the most common enquiries we receive are from businesses with concerns about employees resisting a request to return to the office.
Initially, only parents of young or disabled children had the statutory tight to request flexible working in the UK, per The Flexible Working (Procedural Requirements) Regulations 2002.
Since then, both The Flexible Working Regulations 2014 and The Employment Relations (Flexible Working) Act 2023 have significantly extended these rights.
As of April 2024, all individuals legally classed as an employee have the day one right to request flexible working, making hybrid and home working an option available to all employees – including new and existing staff members.
Equally, however, employers can either accept, partially accept, or reject a flexible working request. Crucially, if they decide to reject or even partially reject a request, they must provide a genuine business-related reason for this.
Things to consider before enforcing a return to the office
While a business owner can insist on RTO, they should consider the following to avoid breaches of contract or disregarding the legal rights of employees:
Employment contract
If the contract states that the employee’s place of work is the office, you can usually require them to return. However, if it specifically states remote or hybrid working, you cannot unilaterally change this without agreement.
Implied terms
If an employee has worked from home for a very long time, it can be argued that this has become custom and practice. While this is difficult to prove legally, employers should carefully consider the strength of an employee’s potential case before insisting on RTO.
Flexible working requests
As mentioned above, all employees have the legal right to request flexible working (e.g. to continue working from home) from day one. Subsequently, employers must handle these requests in a reasonable manner and provide a business-related reason if they decide to reject a particular request. Businesses should have a clear flexible working policy and process.
Discrimination risks
Mandating a return may cause risks of indirect discrimination, for example, if it negatively impacts women (who often have more childcare responsibilities) or disabled employees, requiring employers to make reasonable adjustments.
Reasonable notice
Employers should give employees reasonable notice before changing working arrangements.
Embracing hybrid and remote working models
Hybrid working isn’t a one?size?fits?all solution. Its success depends on thoughtful planning, clear expectations, and a culture that supports flexibility without sacrificing connection. When done well, it can offer the best of both worlds—freedom and focus, collaboration and autonomy.
It’s important to also be aware that employees are voting with their feet when it comes to having flexible working requests rejected.
In fact, one in 10 relevant firms have reported employees quitting due to the RTO requirement, per the BCC’s findings.
If enforcing an RTO isn’t an option after reviewing employment contracts, or simply feels a risky decision for your business, there are new tools and processes that can help you to maintain team cohesion, monitor performance, and ensure consistent communication.
Hybrid models and remote working teams need a deliberate approach comprised of clear processes and planning to combat inconsistency and disengagement.
Businesses should consider paying special attention to:
Risk assessments: Thorough risk assessments can ensure employees, including those with varying neurodiverse need, have safe and effective home setups.
Workforce planning tools: Desk booking and resource planning software can play a vital role in helping businesses to manage office space efficiently.
Purposeful office events: Employers can encourage staff to be in the office more by planning meaningful activity or simply ensuring there’s enough desk space for everyone.
Regular check-ins: Consistent online check-ins that are both work and non-work related are also essential to ensure continued engagement and accountability.
Defined goals and KPIs: With clearly defined goals and KPIs, employees can focus on delivering outcomes and understand employer expectations no matter where they’re working.
Looking to get staff back into the office?
At Peach Law, our HR specialists can help you to navigate the shift from remote and hybrid working teams to an in-office workforce in a way that reduces risk and supports productivity.
Alternatively, we can also provide your management team with the appropriate tools, policies, and procedures to help them successfully lead and develop a remote or hybrid working team.
Regardless of whether you require professional support to ensure your remote team remains collaborative, or are unsure how to approach someone who is refusing to come into the office, we can help.
To learn more about our range of HR services, don’t hesitate to speak to a team member today.
We welcome all enquiries made:
Online: Fill in our contact form
By phone: 0161 478 3800
By email: joanne.wilson@peachlaw.co.uk
