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Work & Employment

Back to the Desk? What to Do When Your Boss Wants You in the Office More

Alison's Legal
Back to the Desk? What to Do When Your Boss Wants You in the Office More

Photo: hybrid worker commuting to office with laptop and train ticket, via drivegreenjourney.com

Your manager sends a calendar invite titled Ways of Working, All Staff. You know what is coming. In 2026, plenty of UK employers have tightened hybrid rules, and plenty of employees have discovered that hybrid forever was never quite written down. So can the boss really make you go back? The short answer is: it depends on what your contract says, what was agreed in practice, and how they go about changing it.

Start with the paperwork

Check your contract, your job description and the staff handbook. A contractual term might say your place of work is a particular office, or that you work a set number of days at home. If it does, your employer cannot normally change it without your agreement unless the contract includes a clear flexibility or mobility clause.

An informal arrangement is different. If you have worked from home every Wednesday for six weeks, that may be a favour. If you have done it for years and everyone has treated it as permanent, it may become an implied term through custom and practice. That is not automatic, but it is a useful argument. Keep emails, calendar entries and written confirmations.

Scenario one: the contract says hybrid, the boss wants full-time office

If your contract clearly says two days at home, a demand to return five days is a change to your contract. You can say no. Your employer can ask, consult and try to persuade you, but imposing it is a breach. You could work under protest, raise a grievance, or, as a last resort, resign and claim constructive dismissal. But resigning is a big step, and it is not always the best first move. Try to negotiate a trial period or a compromise first.

Scenario two: there is no written hybrid term

This is the most common muddle. Your contract may say the office is your base, while everyone has worked hybrid since 2021. Your employer will argue that hybrid was a temporary arrangement and that it can reasonably require attendance. You will argue that it became part of your working pattern. The stronger your evidence of a long-standing, consistent arrangement, the stronger your position. A union rep or employment solicitor can help you assess it.

Scenario three: you need flexibility for caring or health reasons

You may be able to make a statutory flexible working request. Since April 2024, employees have had the right to request flexible working from day one, and can make two requests in any 12-month period. Your employer must decide within two months, must consult before refusing, and can only refuse for one of the statutory reasons, for example extra cost, inability to reorganise work, or a detrimental effect on performance. A refusal must be reasonable.

If you are disabled, your employer also has a duty to consider reasonable adjustments. A blanket return-to-office policy can indirectly discriminate against carers or people with health conditions, so it is worth taking advice if that applies.

Can you claim constructive dismissal?

Constructive dismissal is when you resign because your employer has committed a fundamental breach of contract. A unilateral change to a contractual hybrid term can qualify, but you must resign promptly and show that you did not accept the change. You generally need two years of continuous service to claim ordinary unfair dismissal, although discrimination claims do not have that requirement. Tribunal deadlines are short, usually three months less one day, and you must contact ACAS for early conciliation first.

This is why most people should not lead with resignation. A grievance, a written objection and a negotiated solution are usually better for your bank balance and your sanity.

If you are a small employer

Do not simply announce that everyone is back five days a week. Check what your contracts actually say. If you want to change a contractual term, consult properly, explain the business reasons and get written agreement. Consider a trial period, a hybrid compromise or a formal flexible working request. Be consistent: if one person gets an exception, be ready to explain why. Document the process, because a fair process is your best defence if someone later claims unfair treatment.

Practical steps for employees

Practical steps for employers

The bottom line

A return-to-office demand is not automatically unlawful, and a hybrid arrangement is not automatically permanent. The answer usually lies in the contract and in how fairly the change is handled. Talk first, get it in writing, and take advice before doing anything dramatic.

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