What happens if employers want to show remote working the red card?
It has been reported in the news that Manchester United Football Club has decided to give remote working the red card due to a reduction in email productivity and the club now requires all staff to work from the office full time. Reports suggest that the club has offered to pay the end of season bonus to employees early if they do not wish to work from the office and agree to resign.
Some commentary on the club’s actions suggests that the club is being open and transparent by giving options to its employees if they do not want to work from the office. Others say that the approach is unyielding and together with the lack of flexibility that remote working offers, this could have an adverse impact on staff morale, staff retention and recruitment.
Working remotely used to be the exception rather than the rule. Since covid, the number of people working remotely has significantly increased. However, a number of employers are now seeking to move away from this style of working like Manchester United Football Club.
Before an employer embarks on this process, it is important to consider whether employees have the contractual right to work remotely. If they do, the employer will need to carry out a period of consultation with all affected employees to change their terms and conditions. If an employee refuses to accept the changes, then this could give rise to a dismissal situation. There are a number of factors that will need to be considered to determine what approach should be taken and how best to consult with employees. If employees feel that changes are being enforced and ultimatums are being given, this could result in constructive unfair dismissal claims and potentially discrimination claims.
If you are an employer and want to remove the right to remote working, please contact us for further advice. If you are an employer that offers remote working, it is good practice to have an up-to-date remote working policy in place. If you would like us to draft a remote working policy or review your existing policy, please also contact us.
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