Several professional services firms have started to monitor office attendance across their UK workforces, using data from staff entry passes and WiFi connections to track how often employees are coming into the office (or clients’ offices).
Some firms are only looking to address consistent non-compliance with an office attendance policy, while others may use the data when awarding pay rises or promotions.
The question of how often employees should attend the office remains a tricky area for employers to navigate, says legal firm Dentons.
While there is a trend towards encouraging greater office attendance, particularly among larger employers, it is equally clear that some segments of the workforce will continue to push back against rigid in-office requirements, the firm said.
“The drive to bring employees back to the office often collides with a strong preference for flexible working arrangements that emerged during the pandemic. Many employees now view flexibility as essential rather than a perk.
“At the same time, employers may see increased office attendance as vital for collaboration and maintaining organisational culture. Navigating this tension requires a careful, consultative approach, which recognises the legitimate interests on both sides.”
Organisations that successfully build consensus are likely to see higher staff morale than those that impose rigid mandates, Dentons said.
Return-to-work mandates and attendance policies
When considering return-to-work mandates and attendance policies, employers must also keep in mind the legal duty to make reasonable adjustments for disabled employees and the statutory right to request flexible working, Dentons said.
While statutory flexible working requests are not a new concept, proposals under the Employment Rights Bill (the Bill) would introduce changes aimed at strengthening these rights.
“The current requirement for employers to handle flexible working requests in a reasonable manner would become a requirement that any refusal of such a request must itself be reasonable. If an employer rejects a flexible working request, they would not only have to specify the reason for refusal (with no change to the existing list of statutory permissible reasons) but also explain why they consider the refusal to be reasonable in the circumstances.
“Employers must already consult with the employee before refusing a request for flexible working and the Bill paves the way for regulations setting out steps that the employer must take to comply with the consultation requirement.”
These changes could see decisions around flexible working requests subject to greater scrutiny by both employees and employment tribunals, Dentons said.
The government plans to bring these changes into force in 2027, with a consultation in late 2025 or early 2026 on the finer details.
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