Working From Home Rights UK: What the Law Actually Says

Millions of UK employees now work remotely, either full-time or in a hybrid arrangement. But the legal framework around home working is widely misunderstood — and many employees don't know whether they can insist on it, how to request it formally, or what happens if their employer tries to change an existing arrangement.

Is There a Legal Right to Work From Home?

There is no automatic, unqualified right to work from home in UK law. Whether you can work remotely depends on:

1. What your contract says — if your contract specifies a workplace, your employer can generally require you to work there
2. Any agreement reached with your employer — either verbally, in writing, or through established practice
3. A formal flexible working request — which gives you the right to ask, but not necessarily to receive

However, several important legal principles limit an employer's ability to force you back to the office or refuse remote working entirely.

Your Contractual Position

Your employment contract is the starting point. Check:

• Does it specify a place of work (e.g., "your place of work will be [office address]")?
• Does it contain a mobility clause requiring you to work at other locations?
• Was a homeworking arrangement agreed in writing — either in the original contract or in a subsequent variation?

If you have been working from home for an extended period and your employer has accepted this without objection, there is an argument that a contractual variation has occurred by conduct. Changing back to office-only working against your wishes would then require your agreement or a process of formal consultation.

If your employer simply announces you must return to the office without consultation and without following a proper process, you may have grounds to challenge this — either as a breach of contract or, in some circumstances, as constructive dismissal if the change is significant enough.

The Flexible Working Regime

Since April 2024, the right to request flexible working — which includes requests for home working — changed significantly under the Employment Relations (Flexible Working) Act 2023:

• The right to request flexible working is available from day one of employment (previously required 26 weeks' service)
• Employees can make two requests per year (previously one)
• Employers must respond within two months (previously three)
• Employers must hold a meeting with the employee before refusing
• Employers must give reasons for any refusal — they can still refuse, but must state which of eight statutory business reasons applies

The eight grounds on which an employer can refuse include burden of additional costs, detrimental effect on the ability to meet customer demand, inability to reorganise work among existing staff, and others. An employer who refuses without citing one of these grounds is acting unlawfully.

Crucially, the law gives you the right to ask — not the right to receive. An employer who cites a valid business reason and follows the correct process can refuse your request. However, they must genuinely consider it.

When Employers Cannot Refuse Remote Work

There are circumstances where an employer's refusal of home working may be unlawful:

Disability

Under the Equality Act 2010, employers have a duty to make reasonable adjustments for employees with disabilities. If your disability makes commuting difficult or means you can work more effectively from home, refusing to allow home working may amount to a failure to make reasonable adjustments — which is unlawful discrimination.

Conditions that may trigger this duty include long-term physical health conditions, chronic fatigue, anxiety, depression, and many other impairments with a substantial and long-term effect on daily activities.

Pregnancy and Maternity

A blanket refusal of flexible working requests that disproportionately affects women — including mothers returning from maternity leave — may constitute indirect sex discrimination if the employer cannot justify it.

Childcare and Caring Responsibilities

While there is no specific right to work from home for parents or carers, indirect discrimination arguments can apply if a "return to office" requirement disproportionately impacts women (who statistically carry a greater share of childcare responsibilities) and cannot be objectively justified.

What to Do If Your Employer Refuses Your Flexible Working Request

If your employer refuses your request or fails to follow the correct process:

1. Ask for the refusal in writing with reasons — they are legally required to provide this
2. Check the reason given — is it one of the eight statutory business reasons? If not, the refusal may be unlawful
3. Consider whether a discrimination angle applies — disability, sex, or another protected characteristic
4. Raise a grievance — if you believe the refusal was not properly considered
5. Bring a tribunal claim — you have three months from the date of the breach to bring a claim for failure to comply with the flexible working provisions

Compensation for a successful flexible working claim can be up to eight weeks' pay (capped at the statutory weekly pay limit).

Equipment and Costs

There is no automatic legal obligation for employers to provide home working equipment, though many do. However:

• If your employer requires you to work from home and this incurs costs, you may have an argument that these are business expenses your employer should cover
• Some homeworking costs are eligible for HMRC tax relief — up to £6/week (or £26/month) without needing to provide receipts

Returning to the Office: What Employers Must Do

If your employer wants to require a return to the office after a period of agreed home working:

• They should consult with you before imposing any change
• They should give reasonable notice of any change
• If your contract has been varied by conduct, they may need your agreement or face a breach of contract claim
• They should consider individual circumstances, including disability, childcare, or long commutes

A unilateral instruction to return to the office, issued without consultation or reasonable notice, is unlikely to be legally watertight — particularly where home working has been in place for a significant period.

Hybrid Working: A Middle Ground

Many employers now operate hybrid models. If a hybrid arrangement has been agreed and forms part of your terms and conditions, your employer cannot unilaterally change it any more than they could change your salary or holiday entitlement.

Get any hybrid working arrangement confirmed in writing. An email confirmation is sufficient. A verbal agreement is harder to prove if challenged.

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Received a return-to-office policy or had your flexible working request refused? Upload the document to fairead for a plain-English analysis of whether your employer's position is legally sound.