Remember five years ago when we were all figuring out how to get out of the office? Now, it’s all about how (and whether) we get back in. Some execs want bums on seats again, and in-house lawyers like you are being asked to make it happen. Easy, right? Well… not exactly.

Let’s talk legal landmines, practical steps, and how you can help your organisation do this right – without tripping into a tribunal or sparking a staff revolt.

TL;DR (for the truly swamped)

• Contractual clarity is key. Know what your current contracts and policies actually say.
• One-size-fits-all won’t cut it. Blanket mandates = discrimination risk.
• Be ready for a paper storm. Flexible working requests and reasonable adjustment claims are coming.
• Culture > compulsion. Want people in? Give them a reason to be in – not just an order.
• Data beats vibes. If you need people back, prove why with real analysis.

So, your business wants people back. Now what?

Cue the exec board: “We’re thinking of mandating three days a week in the office. Can you just make that happen?” Before you break into a cold sweat or start writing a 40-page policy, here’s a smarter playbook.

1. Audit what you’ve got

• Check what employment contracts actually say – and what’s been said or done in practice since 2020.
• If contracts say “office-based” but everyone’s been remote for years, that might now be an implied change.
• If you’ve hired people from Cornwall for a London role, it probably isn’t an “in-office” role anymore.

Tip: Map your contracts, policies, and internal comms to figure out your true starting point.

2. Spot the legal red flags

Mandating a return without thinking it through? That’s a fast track to claims like:

• indirect sex discrimination – if your policy disproportionately impacts working mums, you’ve got risk
• disability discrimination – forcing someone with a health condition to commute or be in-office? Be ready for reasonable adjustment requests
• flexible working requests – it’s a day-one right under the Employment Relations (Flexible Working) Act 2023. Blanket policies won’t cut it

These risks aren’t theoretical – tribunals are already hearing cases about RTO mandates gone wrong.

3. Don’t skip the “why”

No one wants to hear “because Elon Musk said so.” If you want people back, you need a solid business case. That might include:

• better collaboration
• training for juniors
• building culture
• retention and wellbeing (yes, being in-person can help)

But it needs to be genuine – and evidence-based. Pro move: pull data to show changes in productivity, engagement or development that support your reasoning.

4. Handle individual cases with care

This is where things get nuanced.

• A health issue? You might need an occupational health referral before saying no.
• Childcare issues? Blanket rejection = risk.
• Refusal to attend the office? Tread carefully. Is it disciplinary? Constructive dismissal?

Golden rule: if you’re saying “no,” document why – and make sure it holds up under scrutiny.

5. Plan like it’s a product launch

Rolling out a mandate isn’t a one-line email. It’s a project. Things to prep:

• updated policies and manager training
• processes for flexible working and adjustment requests
• clear, human comms that bring people along (not send them into panic mode)

If you must introduce a mandate, consider a trial period. Less risk, more goodwill, and space to test what works.

Final thought: Don’t be that headline

You know the one – “Company X forces return to office, ends up in court (and the Daily Mail)”. You can do better. And your seat at the table means you can help your organisation do this fairly, thoughtfully – and legally.

Make the business case. Spot the risks. Keep things human. And if you can get people excited about coming back in? A really good lunch never hurts.

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