Can my employer refuse permanent Work From Home?
The battle between "office culture" and disability needs. When is forcing you back to the office discrimination?
The Current Landscape
Since the pandemic, many employers are enforcing “Return to Office” (RTO) mandates (e.g. 3 days a week). If you have a disability that makes travel or office environments difficult, you can ask for 100% WFH as a reasonable adjustment.
When Refusal is Risky for Employers
If you have successfully worked from home for 2+ years without performance issues, the employer has a very hard time proving that being in the office is “essential”.
- “Collaboration” argument: Employers often cite “culture” or “watercooler moments”. Tribunals are increasingly skeptical of this vague justification when weighed against disability health risks.
When Refusal is Valid
- Physical Roles: Cleaners, Security, Retail.
- Security: Handling highly classified physical documents.
- Training: Junior staff who need shadowing (though this can be hybrid).
How to Ask
Don’t just say “I want to stay home”. Explain the barrier: “The office lighting triggers my migraines,” or “The commute causes severe fatigue, leaving me unable to work.”
Unsure about your specific situation?
Use our interactive tool to check if your request is likely to be considered unreasonable.
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