Mandating RTO policy could be risky business for retention

Mandating RTO policy could be risky business for retention

The return-to-office debate is heating up, and so are the risks for employers who get it wrong.

Recent research from the CIPD reveals that over a million people have changed jobs due to a lack of flexibility, with more than half of employees pushing back against growing pressure to return to the workplace. Many are simply voting with their feet. For businesses, where every team member counts, the consequences of a misjudged policy can be significant. So what should employers do?

Think before you mandate

The shift towards hybrid and remote working didn’t just happen; it was shaped by necessity and fuelled by changing attitudes. For many fast-growing businesses, remote working has helped attract skilled employees, reduce overheads, and improve work-life balance. But now, with commercial priorities shifting and collaboration challenges creeping in, some employers are rethinking.

The problem? A top-down return-to-office directive, issued without consultation or clarity, can backfire.

If your employment contracts are silent on location or flexible working, or if you've allowed practices to become the norm over time, trying to impose new rules could put you on shaky legal ground. Employees may argue that remote working has become a contractual entitlement, particularly if it's been the case for some time without challenge. A sudden reversal could give rise to grievances or, in some cases, claims for constructive dismissal.

Rebuild the workplace with purpose

If you're considering a return to office-based working, the key is to make the workplace worth returning to. That starts with clarity.

Why are you asking employees to come back in? Is it about culture, collaboration, performance concerns, or client expectations? Be specific. And then ask: Is a full return really necessary to achieve those goals?

A well-thought-out hybrid model often offers a better balance. It keeps flexibility on the table while helping reconnect teams and protect company culture. But it needs structure. Without clear expectations, hybrid working can quickly descend into confusion or perceived unfairness. You can read more in our Employers guide: working from home article.

Review policies and update contracts

This is the moment to review your employment contracts, flexible working policies, and remote working arrangements. Are they fit for purpose? Do they give you the discretion you need as your business evolves?

If you’re looking to change working patterns, you’ll need to consult with staff and may need to agree variations to contract. Blanket changes can lead to resistance, not to mention legal claims.

It’s also worth thinking about your longer-term approach. Will future hires be recruited on a different basis? If so, how will that sit alongside your current team’s arrangements?

Communication and consistency are everything

Whatever model you choose - full return, hybrid, or fully remote – it has to be consistent and clearly communicated. HR teams and line managers need to be on the same page. Mixed messages will only breed mistrust.

Involve your teams in shaping the future of work. That doesn’t mean handing over control, but it does mean listening. Employees who feel heard are more likely to stay engaged, even if they don’t get everything they want.

How we can help

Our team of expert employment law solicitors work with businesses through every stage of change, from policy development and contract reviews to consultation processes and managing legal risk. If you're unsure how to implement or manage a return-to-office plan, we’ll help you take the right steps, legally and commercially.

The world of work is changing. With the right support, you can make changes that work for your business and your people.

About our expert

Helen Dyke

Helen Dyke

Senior Employment Solicitor
Helen is a highly experienced senior employment solicitor with a strong reputation for providing expert employment law and HR advice. Having qualified as a solicitor in 2005, she has developed an in-depth knowledge of employment law, helping a wide range of employers and senior executives navigate complex legal landscapes with confidence. She joined Harper James Solicitors as a senior employment solicitor, having previously worked for large national law firms, including Irwin Mitchell and Shakespeare Martineau. 



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