On a flexible worker contract and being asked to go back to the office

When it comes to identifying an employer’s right to request and require an employee to work in a certain location, the contract of employment needs to be considered. In your case, your contract appears to specifically defines you as: a) a flexible worker, and b) as someone whose normal place of work can be categorised as both your home address and any other place which the company can reasonably require you to work from. Your employer does therefore have a right to request and require you to work from their local offices if they have a reasonable and justifiable business case for doing so, and you have a contractual obligation to comply.

You are entitled to ask your employer to explain why they consider it reasonable for all colleagues to be in the office at least once a week, and you are also entitled to make a flexible working request for permanent home working if office-based work is difficult due to childcare. If you want to make a flexible working request, you should follow your employer’s policy for doing so. If you make a flexible working request, your employer is obliged to consider it, but they are not obliged to grant it if they have a robust business reason/s for doing so.

*Charlotte Geesin is Legal Director of Howarths, a Yorkshire based, award-winning Employment Law, HR, Business Immigration and Health & Safety provider for SMEs across the UK. 

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