In our weekly legal column, the Leader, with the expert advice of the team at GHP Legal, sets out to answer some of your problems. Today's question is answered by solicitor James Denton...

Can I force staff to stop working from home and return to the office?

Q: During lockdown we allowed our staff to work from home, to ensure the business remained viable and jobs were protected. Post pandemic, several staff members wanted to continue working from home and we agreed they could. Now, however, after closely monitoring the situation for a year we feel it is necessary to have all staff back in the office to regain the efficiency levels we achieved pre pandemic. We foresee there will be objections to this. Can employees refuse to comply?

A: Firstly, you should review your original employee contracts and check whether they specify that the job roles are office based and attendance is required. Did you make any written amendments to the contractual terms to include home working when you brought that in, or was it merely a temporary policy to accommodate a need at the time? You should go through every contract carefully and carry out an accurate analysis of the terms therein before approaching the staff.

Once you have a clear picture you should explain to them in detail the reasons for wishing to return to the old way of working and point out the benefits of them returning to the office. Point out the benefits to you and to them. Listen to their concerns, offer whatever support is necessary to appease those concerns, and perhaps agree to a period of easement during the transition.

If you can establish that you are not breaching any of the terms of their contract by asking them to return to office working, provide formal notice of the change and sufficient (but specified) adjustment time. Whilst employees can seek to refuse on reasonable grounds, if the contractual terms are clear, you can enforce the return.

If the contractual terms do not permit the change, you will need consent to be able to vary the hybrid arrangement. You will also need to consider and handle any flexible working requests in a fair and non-discriminative way to avoid repercussions.

• This question has been answered by James Denton, a solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194.