Refusing Requests To Work Remotely In A Hybrid Workplace

Increasing office attendance remains high on the agenda for many employers, but upcoming changes to the flexible working regime could prompt more requests to work from home. Against this background, we consider a recent Employment Tribunal judgment which provides employers with some comfort that, if handled correctly, they can refuse requests to work entirely remotely, especially from employees in managerial positions where a degree of in-person time may be needed.

Following the coronavirus pandemic, many employers across different industries embraced hybrid working. Although return-to-work requirements varied, a common minimum request was for employees to spend 2 or 3 working days physically in the office. That was also the case for the Financial Conduct Authority FCA. Once covid restrictions eased, the FCA requested that all staff should attend an office location for 40% of their working time. The remaining 60% of hours could be carried out remotely. The senior