Making changes to remote or hybrid arrangements? What employers need to know

Asking your team to come into the office but not sure where you stand? Fair Work has just made things a little clearer.

Since the pandemic, remote and hybrid arrangements have become the norm for many businesses. And while plenty of office‑based teams continue to offer these flexible options to all team members, there’s been a clear shift toward adding more structure.

Many businesses are now making the decision to request their teams spend more time in the office, citing better collaboration, stronger team connection, and the kind of day‑to‑day interactions that are hard to replicate online.

But asking your team to change how (and where) they work especially if remote or an unstructured approach to hybrid has been the norm for a long time, can feel contentious. And while it’s important to consider how the change might affect your culture, there’s also a compliance side that business leaders can't overlook.

Not just cultural: the compliance side to hybrid work

A recent Fair Work case shed some light on what’s reasonable when it comes to “return to office” requests. In the case, an employee was dismissed after refusing a direction to spend three days a week in the office.

The ruling found the employer’s request had been reasonable. But it wasn’t a matter of opinion, it came down to the specifics of employment contract wording, HR policies, and how changes were communicated.  It’s a reminder that hybrid work isn’t just a cultural conversation, there’s a compliance side too.

Tips for employment contracts

Employment contracts don’t need to be excessively long or try to cover every possible scenario. Your contracts and your policies are meant to work together - policies can change and evolve over time to suit changing business needs.

A few reminders that were important in this case:

• Make sure the contract includes the ability for an employer to adjust work location from time to time
• Include expectations that remote working arrangements are permitted in line with policies and procedures

How you communicate matters

The second part of this case highlighted the importance of being intentional with how you manage and communicate change. In this situation, the business did three things well:

1. Consulted with their team first
2. Had a transition period/staged approach to change
3. Gave plenty of notice to their team and chances for them to adapt

As hybrid and in office expectations continue to shift, making sure your foundations are clear can make all the difference. While culture still plays a big role in how any change is received, when your contracts and policies are structured in the right way, change becomes much easier to manage or defend if required.

If you’re not sure whether your employment contacts and HR docs are doing their job, a quick review by a HR Partner can help. Or if you'd like some HR advice when it comes to navigating and communicating change get in touch with our team.