What can I do if my staff don’t want to come back to the office? 

The COVID-19 pandemic dramatically changed the working patterns of millions of employees. Organisations of all types and sizes invested in technology, introduced new working practices and developed policies that allowed employees much greater flexibility around their normal place of work.   

Many employers have settled into a ‘new normal’, opting for a phased return to the workplace, often combined with a hybrid option of continuing to work from home for a certain proportion of the working week. 

Employees requesting to work from home every day, it can still present significant challenges for employers, who need to take into account legal considerations and the impact granting the request on work, other team members and the organisation as a whole. 

Understanding the request: assessing individual circumstances 

When an employee requests to work from home every day, it’s necessary to approach the situation with an open mind. Start by evaluating the reasons behind the request and considering the employee’s individual circumstances, health concerns, caring responsibilities or commuting challenges.  

Before responding to the request, you may need to review your organisation’s existing policies on remote working and flexible working arrangements. 

The next step is to evaluate the feasibility of accommodating an individual employee’s request,  while considering the wider implications. These could include a negative impact on maintaining productivity, the effectiveness and harmony of the wider team and potential knock-on impact on meeting overall business objectives.  

Consider practical factors such as the nature of the employee’s role, the availability of suitable remote working technology and infrastructure, and the impact on team collaboration and communication. This will help to assess whether the employee’s responsibilities can be effectively fulfilled completely from a remote location, without compromising performance or service delivery. 

Exploring alternatives and compromises 

If granting the request to work from home every day is not feasible or does not align with the organisation’s policy, it may be possible to explore alternative solutions that meet both the employee’s needs and the business’s requirements. This could include offering a part-time remote working arrangement, adjusting working hours or schedules, or providing additional support to facilitate a balance between remote and office-based work. 

Effective communication is key when responding to work-from-home requests. Clearly communicating the outcome of the request to the employee, providing rationale and guidance where necessary and encouraging open dialogue and feedback will ensure that the final decision is understood and accepted by all parties involved. It is also good practice to maintain regular communication with the employee to monitor progress and address any concerns or adjustments that may be needed. 

Documenting the decision-making process and any agreements reached with the employee regarding remote work arrangements is an important step. This helps ensure clarity and consistency in how similar requests are handled in the future and provides a record of compliance with legal obligations and organisational policies. 

Balancing needs and obligations 

When faced with an employee’s request to work from home every day, like other flexible working requests, employers must strike a balance between taking reasonable steps to meet an individual employee’s needs with the importance of maintaining operational effectiveness within the organisation.  

If you are unsure about the legal implications of granting or denying a work-from-home request, it is often helpful to seek advice from a qualified employment lawyer, who can provide reassurance that the organisation is adopting a robust but reasonable approach. 

Employment Tribunal Claim Limits: What Employers Need to Know 

 From 6 April 2024, revisions have been made to the rules that determine the maximum amounts that individuals can claim in compensation for various employment-related disputes.  

Key Changes  

1.Unfair Dismissal Claims – up to £115,115 

The maximum compensatory award for unfair dismissal claims has been revised upwards, from  £105,707 to £115,115 (or a year’s gross pay, whichever is lower). This means that employees who succeed in unfair dismissal claims may be entitled to higher compensation amounts, reflecting economic changes and the need for adequate redress.
 

 2.Redundancy Payments – up to £21,000 

The maximum amount of statutory redundancy pay that can be awarded in employment tribunal cases has also been adjusted, from £19,290 to £21,000. Employers facing redundancy-related claims should take note of these changes and ensure compliance with statutory redundancy payment obligations. 

The increase in redundancy payments is based on the fact that a week’s pay, for the purposes of compensation calculations, has risen from £643 to £700. This also impacts on compensation awards payable on the insolvency of an employer (including arrears of pay and holiday pay), awards of compensation for a failure to deal correctly with a right to request a contract variation or where an employee is unfairly dismissed because the statutory retirement procedure has not been followed.
 

3.Vento bands – up to £58,700 (Band 3) 

Another change from 6 April 2024 sees an increase in the values of ‘Vento bands’. The three value ranges are named after a 2002 case involving West Yorkshire Police and relate to calculation of compensation awards used by employment tribunals when assessing injury to feelings in discrimination and whistleblowing cases. 

The lowest band, for less serious cases, now stands at £1,200 to £11,700, while the middle band ranges from £11,700 to £35,200, for cases brought after 6 April. The upper band has risen to between £35,200 to £58,700 , with the most exceptional cases capable of exceeding this upper limit. 

4.Basic awards – up to £8,533 

The minimum amount of a basic award will rise from £7,836 to £8, 533, where the reason for dismissal is linked to a range of set scenarios. These include carrying out duties as a health and safety or employee representative, acting as a trustee of an occupational pension scheme or engaging in trade union activities. 

Implications for employers 

The revised compensation limits have several implications for employers, not lease the fact they now face increased financial exposure in the event of employment tribunal claims. With the increased compensation limits, comes a heightened need for employers to revisit internal risk management processes and consider refresher training for managers to reduce the likelihood of tribunal claims. This could include reviewing certain policies and procedures, conducting thorough investigations into employee grievances and potentially seeking legal advice where necessary. 

 If you require further guidance on changes relating to the employment tribunal process, or need an experienced employment lawyer to review your workplace policies and procedures, please do not hesitate to contact the team at MDJ Law.