Returning to the workplace can feel uncertain, but UK employment law gives you clear protections. Here is what you need to know about your returning-to-work rights.

Since the pandemic, many employers have asked staff to return to offices, shops and sites more regularly. Whether your role is fully on-site, hybrid or remote, your employer still has legal duties to protect your health, safety and wellbeing. If you are worried about going back, the first step is usually an open conversation with your employer.

For more information about your rights as a worker, and for practical steps if you have been asked to return, read on. If the situation becomes serious, you can seek advice from ACAS, your trade union, Citizens Advice or a qualified employment solicitor. You may also find our resources for women in business useful.

Three Key Questions Employers Should Ask Before Asking You to Return

Before requiring staff to return, a responsible employer should consider three questions recommended by the Health and Safety Executive (HSE) and ACAS:

1. Is it essential for you to be in the workplace?

Employers should consider whether your work can be done effectively from home or through hybrid arrangements. If your role does not require a physical presence, insisting on a full-time return may be hard to justify. The Coronavirus Job Retention Scheme closed on 30 September 2021, so furlough is no longer an option; instead, the focus should be on whether the role genuinely needs to be performed on-site.

Since April 2024, all employees in Great Britain have a day-one right to request flexible working, including hybrid or remote working, and can make up to two statutory requests in any 12-month period under the Employment Relations (Flexible Working) Act 2023.

2. Is the workplace safe?

Under the Health and Safety at Work etc. Act 1974, your employer must protect you from risks at work. This includes conducting a suitable and sufficient risk assessment and taking reasonable steps to control hazards. Although COVID-19-specific rules have been withdrawn, employers must still manage the risk of respiratory infections, including COVID-19, through good ventilation, hygiene and enabling unwell staff to stay at home.

3. Has the return been discussed and agreed?

Employers should consult staff and listen to concerns before imposing new working patterns. Practical issues include caring responsibilities, commuting arrangements, disability or health conditions, and whether anyone in your household is clinically vulnerable. Parents may also have a right to unpaid parental leave or emergency time off for dependants. A unilateral change to your contract without agreement can amount to a breach of contract.

Your Legal Protections When Returning to Work

Even when an employer follows the steps above, you may still feel anxious. The following rights can help you negotiate a safer or more suitable return.

Written notice and contract changes

If your employer wants to change where or how you work, they should give you reasonable notice and, ideally, obtain your written agreement. Changes to your place of work, hours or pattern are normally a contractual matter. If you do not agree, your employer may still try to impose the change, but you may have claims for breach of contract or constructive dismissal if the change is fundamental.

Health and safety risk assessments

Your employer must keep risk assessments up to date. For a return-to-work risk assessment, the HSE says employers should identify activities that could spread infection, who is most at risk, the likelihood of exposure, and the controls needed. Useful measures can include:

• Improving ventilation and maintaining clean air;
• Providing hand-washing and cleaning facilities;
• Managing occupancy so workspaces are not overcrowded;
• Supporting staff who are unwell to stay at home;
• Providing suitable PPE only where the risk assessment requires it.

Protection from detriment for health and safety concerns

If you reasonably believe that returning to work would put you or others in serious and imminent danger, you may be protected under section 44 of the Employment Rights Act 1996. This means you can leave or refuse to attend work without suffering detriment, provided your belief is reasonable. This can apply if, for example, you need to protect a clinically vulnerable household member or your employer has ignored serious safety failings.

Can You Refuse to Return to the Workplace?

In most cases, you cannot simply refuse a reasonable instruction to return to work without a good reason. However, you may have a valid basis to refuse if:

• Your employer has failed to carry out a risk assessment or has ignored significant hazards;
• You have a disability or long-term health condition, including long COVID that amounts to a disability, and your employer has not made reasonable adjustments;
• You need time off to deal with an emergency involving a dependant;
• Returning would breach your contract or a previously agreed flexible-working arrangement.

If you are dismissed for refusing to return in these circumstances, you may have a claim for unfair dismissal or discrimination. Be aware that employment tribunal claims usually have a strict time limit of three months less one day from the act you are complaining about.

What to Do If You Are Anxious About Returning

Anxiety alone may not give you a legal right to stay away, but it is still a valid concern. Take these steps:

• Do not simply not turn up. Raise your concerns in writing and ask for a meeting.
• Explain your reasons clearly, such as unsafe public transport, caring responsibilities, mental health or a household member at higher risk.
• Ask to see the risk assessment and the controls your employer has put in place.
• Request flexible working, hybrid arrangements or reasonable adjustments if they would help.
• If you believe your employer is breaching health and safety law, you can report it to the HSE or your local authority, or raise a protected disclosure (whistleblowing).
• If you are treated badly or dismissed for raising safety concerns, get advice quickly.

Know Your Returning-to-Work Rights

Returning to the workplace after a period of remote working is a significant change. UK law requires employers to consult, assess risks and respect your statutory rights. If your employer will not listen, organisations such as ACAS, Citizens Advice and your trade union can help. Before bringing an employment tribunal claim, you must usually contact ACAS for early conciliation. In complex cases, speaking to an employment solicitor may be the best way to protect your position.

Have you negotiated a return to work? Share your experience in the comments to help other women in business feel informed and supported.