Rise in remote working tribunals as firms encourage workers back to office

Employment tribunals relating to remote working have hit a record high, reveals research by HR consultants Hamilton Nash.

The annual number of cases is more than four times higher than pre-pandemic, analysis of data from the HM Courts & Tribunals Service shows.

As increasing numbers of firms try to encourage employees back to the office, employment tribunals are seeing record levels of cases relating to remote working, the Hamilton Nash research showed.

Video calling firm Zoom and HSBC are among recent employers ordering staff to work from the office more frequently, following in the footsteps of Amazon and Disney.

Staff resistance to similar moves is shown in the growing number of employment tribunals citing terms like ‘remote working’.

Some 42 tribunals mentioned ‘remote working’ in 2022, a 50% increase from the 27 cases the year before. “In the first half of 2023 there have been 25 cases already – equivalent to 50 cases for the whole year,” Hamilton Nash reported.

Before the pandemic, there were on average seven employment tribunals a year relating to remote working, but since 2020 the rate has quadrupled to an average of roughly 33 cases a year.

Lisanne Hedger was awarded £36k by an employment tribunal in October 2022 when her employer, the British Deaf Association, refused her request to reduce her hours after having a baby.

A Hamilton Nash spokesman said: “Many companies have been keen to encourage employees back to the office, but the increasing number of disputes ending up in tribunals shows that it’s a growing source of workplace tension.

“Businesses that force staff into the workplace against their will are likely to find that disputes escalate, resulting in an increasing turnover rate or costly legal remedies.

“With most employees favouring a mix of office and home working, the battle for workers’ hearts and minds is going to be won by progressive employers who embrace hybrid working.

“Instead of dictating one-size-fits-all policies, companies should show understanding for personal circumstances.”

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