Remote working tribunals up by half

Tribunals relating to remote working issues increased by 50% last year, according to analysis of court records.

HR consultancy Hamilton Nash looked at tribunal data from 2021 and 2022, and found there were 42 tribunals citing remote working in 2022, compared to 27 cases in 2021.

Before the pandemic and a sea-change in how employers viewed remote and flexible working, there were an average of just seven remote working tribunals per year, it said.

During the first six months of 2023, there have been 25 cases already, suggesting this year could see a further increase in remote working tribunals.

Most recently, a carer who had worked for Nationwide Building Society was awarded almost £350,000 for indirect disability discrimination after the company changed its remote working policy.

“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,” said Jim Moore, employee relations expert at Hamilton Nash.

“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.”

Moore said companies should “show understanding for personal circumstances” rather than trying to enforce one-size-fits-all policies.

“Many parents who have got used to working from home have adapted their routines to suit their childcare needs, and forcing them back to the workplace can create large amounts of stress and upheaval,” he added.

Last year, law firm GQ|Littler found there had been a steep increase in tribunal decisions relating to flexible working to 193 in 2021. One example was the case of Lisanne Hedger, whose employer the British Deaf Association had denied her request for reduced hours and flexible working arrangements after having a baby. She won more than £36,000 in compensation.

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