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The debate on Return to Office (RTO) mandates is heating up again. But can it be done without any issues?


Trump’s recent RTO order for federal employees is making waves in the US. But could governments and companies in the UK and EU do the same so easily?


Not really. And here’s why.


Unlike in the US, where employers often have more control over workplace policies, UK and EU laws take a different view, one that’s pro-employee when it comes to flexible work.


In short, businesses can no longer just flick a switch and demand everyone’s back at their desks. There are legal obligations that employers can’t ignore.


Here’s what employers need to know:


  • Flexible working is often a legal right across Europe. Employees can request it, and rejecting that request requires an objective, fact-based reason. Courts aren’t easily convinced by claims like “culture” or “productivity” without facts.


  • New UK laws strengthen employee rights. Employees can request it from day one, and employers must consult before rejecting with a valid business reason, making blanket office mandates harder to justify.


  • EU laws reinforce flexible working rights. The Work-Life Balance Directive and national laws give employees stronger grounds to request flexible work, requiring employers to justify refusals, making blanket RTO policies more difficult to impose.


Key Legal & Practical Considerations for Employers


Employers moving away from their current remote working models will need to consider several legal and operational challenges:


- Is hybrid or remote working already contractual? If so, enforcing an office return could be a legal minefield.


- Are you prepared for an influx of flexible work requests? Employers will need to justify refusals with strong, objective reasons.


- How will competing requests be managed fairly? A lack of consistency could expose businesses to legal risk.


- Could an RTO policy inadvertently lead to discrimination? Employees with caregiving responsibilities or health conditions may be disproportionately affected.


- Has remote work positively impacted staff well-being and retention? If so, is a full return really the best move?


- Are performance and training concerns better addressed in other ways? Mandating office attendance may not be the most effective solution.


For leaders, the message is clear: forcing a return isn’t just a management decision, it’s a legal and logistical challenge. And in many cases, the risks may outweigh the benefits.


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