Navigating Return-To-Office: Why Amazon’s RTO Mandate is Being Criticised

Last month, Amazon made a return-to-office announcement, effective January 2025, ending their hybrid work policy. Although the tech giant’s CEO Andy Jassy reasoned the move would enhance learning and collaboration, it has faced widespread public criticism. Read on as we explore Amazon’s decision, why they believe it’s beneficial, and its potential consequences.

Backlash as Amazon Employees Return to Office

Starting in January 2025, 300,000 corporate employees at Amazon will face a remote work transition. This comes after the tech company made a return-to-office announcement in September, scrapping its hybrid work policy.

With this decision, Amazon will be shifting away from the practices it adopted during COVID-19. Their CEO justifies that this move will foster an improved company culture, claiming face-to-face work enhances collaboration and innovation. However, this shift marks a drastic change from the policy many employees have become familiar with, igniting considerable backlash.

Workers argue that this back-to-office mandate ignores several studies that have proven the benefits of remote working. Others claim that removing this highly valued benefit would increase employee dissatisfaction, leading to a rise in staff turnover. This concern is supported by a recent survey, which found that 57% of UK and US corporate workers would quit or consider quitting if a remote work transition limited their flexibility.

Interestingly, though, the Amazon employees’ return-to-office mandate isn’t the first to be introduced in the corporate world. Several major companies, like Disney, Boots, and Nationwide, have all implemented similar policies. Like Amazon, they echo the same rationale, asserting the move will boost collaboration and employee productivity.

Why is Amazon Going Back to the Office?

Given the widespread criticism surrounding the return-to-office announcement, one might question why Amazon is going ahead with it. According to their CEO, working in person allows staff to be “better set up to invent, collaborate, and be connected enough to each other.” Essentially, they claim that on-site working promotes employee well-being and productivity.

Yet, Amazon’s CEO isn’t the only high-profile business figure with such sentiment. Others, like Lord Alan Sugar, who previously stated he was “totally against” remote working due to it being “bad for learning”, have spoken out to defend a back-to-office mandate. Among other things, they claim that working face-to-face allows for spontaneous brainstorming, a sense of shared identity, and better skills development.

And some research falls in their favour. According to marketing software developer HubSpot, in-person meetings produced, on average, 2.93 more ideas than remote ones. Furthermore, a Carrot Recruitment survey found that 52% of their applicants miss the social aspects of office work. Because of this, Amazon may see no reason to take the public backlash seriously.

Treading Lightly: Navigating Back to Office Mandates with Care

Although research supports Amazon employees’ return-to-office announcement, the tech giant must tread carefully. While some studies may have found improved employee productivity following a back-to-office mandate, others have shown the opposite. What’s more, since flexible working falls under employee rights, a misstep could lead to legal action.

Enhanced Employee Productivity and Well-being

It’s been widely documented that the transition to remote work following the pandemic produced several key benefits. Among them, employers saw enhanced employee well-being as working remotely allowed for significant flexibility. This not only made employees feel more valued, but it enabled them to balance their work life more effectively.

Then, there were the improvements in employee productivity. With fewer distractions and interruptions at home and employees able to create environments tailored to their specific needs, optimal focus was achievable.

And that’s not all. In a time when a skills shortage has been prevalent, reaching a wider audience has proved vital. No longer were employers restricted to applicants who lived or were willing to move near their office; they could now seek talent worldwide.

Santander CEO Mike Regnier reiterated some of these benefits when he recently championed remote working. He explained that he wouldn’t have accepted his current role without the option to work from home. 

In Mr Reginer’s circumstances, improved employee well-being, where he could spend more time around his family, proved critical to accepting his position. Therefore, if Amazon opts to transition away from remote work, not only could they see their workforce’s productivity decline, but they may also put off talent from accepting their roles.

The Legal Risks

The employee well-being benefits linked with the transition to remote working aren’t the only reason Amazon should be wary of its return-to-office mandate, though. In addition, taking such actions could cause the tech giant to open itself to litigation if it breaches employee rights.

If an employee’s contract allows for remote work, requiring an office return could constitute a significant change to the employment terms. This could give rise to constructive dismissal claims should the mandate be deemed a fundamental breach of their contract.

Moreover, caution should be taken if an employee requests flexible working as part of a reasonable adjustment due to their disability. If their request isn’t handled correctly, it may amount to some form of discrimination under the Equality Act 2010.

Telling Staff to Return to Office: Key Considerations 

To avoid breaching employee rights, companies must consider a series of factors. Firstly, does the return-to-office mandate breach any laws? If an employee requests flexibility under a reasonable adjustment or doesn’t have the office as their contracted place of work, forcing the transition could be unlawful.

However, even if no employee rights appear to have been breached, how employers issue their mandate is crucial. Employers should frame it as a reasonable management request, providing employees with adequate notice, rationale for the decision, and the opportunity to discuss personal circumstances. If they fail to do so, they could open themselves up to further claims.

Can My Employer Force Me to Return to the Office?

Employers generally have the authority to mandate an office return if they make a reasonable management request. In such circumstances, the workforce would be unable to refuse the mandate, even if they prefer remote working. That said, limited exceptions prevent employers from doing this, including:

  • Contractual Entitlements – Where an employee’s contract provides remote working rights.
  • Disability – Where flexible working forms a necessary reasonable adjustment.
  • Caregiving Responsibilities – When an employee’s caregiving duties relate to a protected characteristic.

If an employee has a valid exception, they would be entitled to refuse the request. Should the employer continue in their attempts to force the transition, the employee may be able to bring a claim like constructive dismissal.

What to Do When Return to Work Mandates Go Too Far

If an employer enforces a return-to-office mandate despite an employee having a valid reason to refuse, several avenues could be pursued to address the issue. For starters, the employee could raise the matter informally. Sometimes, employers aren’t fully aware of an individual’s situation, and simply chatting with them can resolve the issue swiftly, avoiding the stresses of court action.

If the issue remains, submitting a formal grievance should be the employee’s next course of action. This step also avoids the need for tribunal proceedings but obligates the employer to review the matter, remaining compliant with their legal responsibilities.

Finally, if all else fails, the employee could bring their case before an employment tribunal. However, before they can do this, the employee must satisfy specific eligibility criteria and undertake ACAS early conciliation.

If you’ve faced a return-to-office mandate and believe your rights have been violated, get in touch now. As specialist employment lawyers, Redmans Solicitors can assess your circumstances before advising on your possible next steps. Should you have an eligible case, we can navigate you through the legal process.

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