With the recent upsurge in petrol prices, we all recognise driving to work can be an expensive exercise. Inevitably, for many employees, the question isn’t just “Can I afford to fill up my tank?” but “Do I really need to be in the office every day?”
Parallel to this, an organisation needs to balance its operational needs, build a constructive and prosperous team culture and ensure fairness across the workforce. So where does the law stand on office attendance, remote working, and travel expenses?
Commuting
For years, commuting costs were accepted as part and parcel of working life. But with fuel prices fluctuating at record levels, that assumption is being challenged – particularly by employees who have successfully worked remotely over the last few years. From an employee’s perspective, increased travel costs feel external and unavoidable. From an employer’s perspective, they are not something the business controls. This tension is now playing out in workplaces across the UK.
“Do I legally have to be in the office?”
Long story short, it depends on your Contract of Employment.
Most employment contracts specify a normal place of work. If the contract states that the role is office‑based, an employer is generally entitled to require attendance, irrespective of commuting costs increasing. However, things may be less clear where:
- Your contract allows remote or hybrid working
- The employee has worked remotely for a long period
- Home working has become the “norm” in practice, even if not formally agreed.
In those cases, employees may argue that remote working has become an implied term – something employers should approach carefully. But in any event, an employer is unlikely to allow one to not attend the office solely by reason of fuel prices increasing. This is due to the fact hybrid working, even if a contractual entitlement, is usually on a discretionary basis.
As such, rising fuel prices alone do not usually give employees a legal right to refuse office attendance. That said, employers should be mindful of:
- Employee relations and morale
- Potential indirect discrimination risks, particularly where commuting impacts disabled employees or those with caring responsibilities
- The risk of constructive dismissal claims if obnoxious changes are imposed unreasonably or without consultation.
What About Travel Expenses?
This is where confusion often arises. In most cases:
- Ordinary commuting costs are not reimbursable
- Travel between home and the normal place of work remains the employee’s responsibility.
However, if employees are required to:
- Travel to different sites
- Attend mandatory meetings away from their usual base
- Change their normal place of work.
Then travel expense policies may apply, and employers should ensure these are clear, consistent, and up to date.
A Practical Take for Employers
Rather than viewing this as a legal standoff, many businesses are using rising travel costs as an opportunity to reassess how work gets done.
Good practice includes:
- Reviewing employment contracts and hybrid policies
- Consulting with staff before enforcing changes
- Being flexible where possible without undermining business needs
- Communicating clearly, and empathetically, about expectations.
If you need guidance on office attendance requirements, remote working arrangements, or travel expenses, our employment law team is here to help. Contact Lawson West Solicitors today for clear, practical advice tailored to your business or individual circumstances.
