With Amazon recently announcing the end of its hybrid working policy, employers are again considering how best to balance business needs with employee expectations when making significant policy changes. As of January 2025, Amazon will require its employees to return to the office full-time, a major departure from the current model that allows staff to work remotely two days a week.

This shift highlights a stark contrast with the UK Government’s recent pledge to make flexible working a day-one right. 

Amazon CEO Andy Jassy said: “When we look back over the last five years, we continue to believe that the advantages of being together in the office are significant… it’s easier for our teammates to learn, model, practice and strengthen our culture; collaborating, brainstorming and inventing are simpler and more effective; teaching and learning from one another are more seamless; and teams tend to be better connected to one another."

However, Amazon employees have described this decision as ‘non-data-driven’ and claimed the decision was ‘silencing perspectives and damaging [their] culture and [their] future.'

The backlash highlights the importance of a thoughtful approach to policy change.

Policy change: key considerations 

When employers make a hasty policy change decision, they risk disgruntled employees bringing constructive dismissal claims and/or claims under the Equality Act 2010.

Any employer considering a policy change can take proactive steps to ease the transition and meet both business and employee needs:

1. Assessment of the policy change - Begin with a detailed assessment of the pros and cons of the policy change. Consider the genuine business requirements for the change.
    
2. Employment contracts - Consider any express or implied contractual terms that could affect the policy change. 
    
3. Employee consultation - Undertake a genuine consultation with employees to understand their preferences and concerns. This not only helps gauge the impact of the change but also demonstrates that management values their input. This lessens the risk of constructive unfair dismissal claims on the grounds of a breach of mutual trust and confidence.
    
4. Protected characteristics - Be mindful of potential effects on individuals protected under the Equality Act 2010. For instance, certain disabilities or family care needs may make full-time office work challenging, and failure to accommodate these could result in discrimination claims.
    
5. Incentives - To ease resistance, consider providing incentives that make the change more appealing.

When driving any policy change, employers must base decisions on a thorough assessment. Clear, data-driven explanations can help employees understand the rationale behind the change and help to ensure that employers are in a prime position to defend any constructive unfair dismissal claims or Equality Act claims.

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