Union Challenge to NHS Return-to-Office Mandate
Eleven NHS trade unions have launched a collective grievance against NHS England's new return-to-office mandate, which requires staff to spend at least 60 per cent of their time working in the office and effectively eliminates fully home-working contracts. The unions argue the policy undermines established flexible working arrangements, was imposed without proper consultation, and breaches agreed NHS frameworks for hybrid work. This significant, coordinated action against NHS England's workforce policy is set against a backdrop of organisational tension, structural reforms, and new leadership models within the NHS.
Erosion of Flexible Working and Staff Opposition
The grievance was filed in response to NHS England's confirmation that it would not offer new fully home-working contracts and would impose increased on-site attendance expectations for existing roles. This push, aiming to align with stricter civil service rules ahead of a merger with the Department of Health and Social Care, is intended to strengthen office presence during a period of significant organisational change. Unions contend that the policy erodes flexible working rights gained during the pandemic and risks damaging work-life balance, increasing commuting costs, and disproportionately affecting vulnerable staff groups like disabled staff and parents with caring responsibilities. A Unite survey indicated widespread opposition, with 95 per cent of members opposing the increased office attendance requirement, warning of potential harm to productivity, wellbeing, and staff retention.
Formal Grievance and Potential Outcomes
Specifically, the collective grievance invokes the NHS Staff Council’s Homeworking and Agile/Hybrid Working Framework adopted in 2023. Unions assert that NHS England's directive failed to meet the required standards of proper consultation under these agreements, arguing that substantial changes to working patterns must be negotiated, not imposed unilaterally. Such actions, they state, damage trust and undermine the collective bargaining process. The pushback reflects a broader societal debate, where hybrid work is valued for wellbeing, financial, and productivity reasons, and has been crucial for NHS administrative staff to manage a high-stress environment and the ongoing staffing crisis.
The grievance also exists within a wider context of workforce tension, including concerns over pay stagnation, NHS England restructuring, and fears of redundancy. Unions caution that this perceived regression on flexible working could exacerbate the substantial vacancy rates and chronic shortages by deterring new applicants and encouraging long-serving staff to leave.
NHS England defends the policy as necessary to align with evolving civil service rules and support the forthcoming merger, arguing that higher in-office attendance will foster collaboration and organisational coherence during the transition. However, the filing of the collective grievance triggers a formal process under employment law and NHS staff council procedures, obliging NHS England to provide a detailed response. Given the coordinated nature of the action, involving eleven unions including UNISON, Unite, GMB, and the RCN, the potential for escalation is high. Possible outcomes include a negotiated settlement revising the attendance requirement, a new policy framework with clearer exceptions for vulnerable staff, or, failing a resolution, independent arbitration or coordinated industrial action.
