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RTO Office Mandate

  • 10-12-2023 8:34pm
    #1
    Registered Users Posts: 187 ✭✭


    My employer wants all of us to come back to the office, having been fully remote since March 2020. From what I've heard, at least part of the decision as to who comes back and for how many days a week will be decided based on distance from the office, which doesn't seem fair or equitable - I'm wondering is this even legal?



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Comments

  • Posts: 0 [Deleted User]


    You won't like this, but if you check your contract, I would imagine it defines your normal place of work.

    The employer can insist you come back to the office 5 days a week. March 2020 was emergency measures, and that's behind us thankfully.

    The postive though in a time of full employment employers can't get staff never minding afford to loose good staff.



  • Registered Users, Registered Users 2 Posts: 19,058 ✭✭✭✭Del2005


    If it's not one of the protected statuses then it's not illegal to discriminate. Distance from workplace isn't a protected status.



  • Registered Users, Registered Users 2 Posts: 6,175 ✭✭✭Augme


    You could refuse and see what happens. It does create an interesting situation, while the employer isn't breaking any particular law by having this rule in place I do wonder how successful they would be in trying to enforce it through disciplinary action to those who aren't abidding by it.



  • Registered Users, Registered Users 2 Posts: 3,437 ✭✭✭KaneToad


    I'd use the address of someone who lives far away from the office. Say you had to move for personal reasons & marital/relationship difficulties.



  • Registered Users Posts: 187 ✭✭magoo84


    That's true, except all of our contracts will say the same thing, so with that in mind, asking some staff to return, but not others, amounts to special treatment i.e. discrimination. In reality, I don't think it's enforceable, because the majority of staff live outside the county of the office, and they have already told me privately they aren't coming back. Some of them also moved further away from the office after COVID started.



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  • Registered Users, Registered Users 2 Posts: 4,101 ✭✭✭BlueSkyDreams


    If your contract states you have to be in the office, the employer can enforce it.

    Whether they enforce it equally is largely irrelevant.

    If people moved further away from the office during Covid, thats their issue to deal with.



  • Registered Users, Registered Users 2 Posts: 10,846 ✭✭✭✭28064212


    Discrimination by itself isn't illegal. If a company wanted to only hire people who prefer cats to dogs (for example), they're perfectly entitled to do that. As above, there are nine specific grounds which you can't discriminate - everything else is allowed (except where used as indirect discrimination for one of the nine grounds). There's no legal argument there.

    That doesn't mean there's nothing you can do. If there's twenty of you involved, and 15 say with one voice that you're not going to go back to the office, the company may well take the view that allowing you to work from home is less painful than hiring 15 new employees. If there's two or three of you, they may prefer to just get rid. There are a lot of variables involved, and nobody on here is going to have as much insight into the situation as you

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  • Moderators, Business & Finance Moderators Posts: 10,458 Mod ✭✭✭✭Jim2007


    The only definition of discrimination that is is valid is the legal one and it does not cover your situation. So yes your contract can be enforced and if refuse to turn up, then you will be in breach of contract and you'll just have to wait and see how the employer reacts.



  • Registered Users, Registered Users 2 Posts: 22,318 ✭✭✭✭ELM327


    Generally (and I've moved jobs twice this year), people will leave if there is mandated RTO. Some companies use this to avoid paying redundancies as it increases natural attrition at the cost of morale.



  • Registered Users, Registered Users 2 Posts: 26,125 ✭✭✭✭Mrs OBumble


    You also need to think about why your employer is doing this.

    It may be to increase natural attrition. Or it may be because overall company effectiveness is not what it should be with you all offsite.



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  • Registered Users, Registered Users 2 Posts: 12,793 ✭✭✭✭Flinty997


    3 yrs later. Oh yeah its the remote working lol.



  • Registered Users, Registered Users 2 Posts: 26,125 ✭✭✭✭Mrs OBumble


    So why do you think the employer is now making this request?

    Your guess is as good as mine here.



  • Registered Users, Registered Users 2 Posts: 12,793 ✭✭✭✭Flinty997


    That they are making this major decision based on distance. Which has nothing to do with "effectiveness". Says all you need to know right there.



  • Registered Users, Registered Users 2 Posts: 26,771 ✭✭✭✭Peregrinus


    I'm going to hazard a guess that the aim is not to increase natural attrition; in fact the employer may want to minimise this. According to what the OP has heard, decisions about who will be required to work in the office will be based (no doubt, among other factors) on distance. I take this to mean that, the closer you live to the office, the more likely you are to be required to work in the office.

    One obvious explanation for this is that the employer wants at least a critical mass/a certain proportion of the workforce to be working from the office (and we can conjecture plausible reasons why he might want this, but we'd just be guessing) but who actually does this is a secondary consideration. So he asks the people who live the closest, who will be inconvenienced the least, to work from the office. If he wanted to increase attrition in the workforce, he'a ask the people who would be inconvenienced the most.



  • Registered Users, Registered Users 2 Posts: 26,125 ✭✭✭✭Mrs OBumble


    So why do you think the employer is asking people to come in?



  • Registered Users, Registered Users 2 Posts: 12,793 ✭✭✭✭Flinty997


    The convenience is not simply about commuting distance. That's a very simplistic way of looking at it, and doesn't make a lot of sense. Can't see any HR dept suggesting that.

    It's could be it's facilitating some of the senior management to stay remote working while dragging the majority of people back into the office.

    Though even that doesn't make sense. They could simply have individual arrangements. Which likely happened before lockdown anyway.



  • Registered Users, Registered Users 2 Posts: 717 ✭✭✭Yeah Right


    100% of the time that I have seen this enforced over the past year or two, it's because of middle managers not having the power they used to. People were so used to acting like schoolteachers, hovering around desks/offices, checking up on all the perceived minor indiscretions, trying to catch staff out on X, Y or Z technicality. Busybodies, whose sole job was to keep everyone else in line, who now realise that their entire role is redundant, because people can be (largely) trusted to do their job and those that can't get found out quickly.

    The top brass don't give a monkeys once the work is done. The guys in the middle are panicking, because if you the staff at the coalface don't need to be managed then they don't need managers. WFH has gladly been the death knell for the micromanagers and the mini-Hitlers who ruled with an iron fist and who've seen their empire crumble to dust before them. The fight to get everyone back to the office has ALWAYS come from someone who realised their necks are on the chopping block.

    And I honestly mean 100%. Multiple grades, from all manner of firms/companies/departments, from all walks of the professional life. One example.....

    A newly-promoted guy in my last job threatened to put a colleague on a PIP because his out of office wasn't set properly. He wanted your man to be back in the office 100% of the time for three months because of it, adding 4 hrs to his workday every single day.

    Turns out, it was the promoted guy's manager (who was also his predecessor) who was driving all of this, and told the new guy that this was a great way to keep everyone on their toes, show upper management that he was a ball-buster and it would be a great example of how he had disciplined an underperforming employee and rectified the situation, even if it didn't need rectifying in the first place.

    He accidentally copied the 'underperforming' employee on the email, who left and sued for constructive dismissal. Both managers were fired.


    If the company wasn't performing well because of remote working, it would have been identified well before now. Nobody waits three years to see if it's an anomaly. They are either trying to whittle the numbers down or it's someone who has come to the conclusion that their job is fecking meaningless and they're gonna start chopping off heads before theirs gets chopped off.



  • Registered Users, Registered Users 2 Posts: 12,793 ✭✭✭✭Flinty997


    I don't see any pattern to it other then people changing it for change sake.

    After all thats said, if its in your contract, you're snookered, and they enforce it.

    A compromise might be hybrid working. If you can get that over the line.



  • Registered Users, Registered Users 2 Posts: 29,600 ✭✭✭✭AndrewJRenko


    We're there any press reports of the unfair dismissal case?



  • Registered Users, Registered Users 2 Posts: 717 ✭✭✭Yeah Right


    Not sure if it's been heard yet, I moved job soon enough after. Don't really keep in touch with any of them.



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  • Registered Users, Registered Users 2 Posts: 26,125 ✭✭✭✭Mrs OBumble


    Remote working is a lot more effort for middle managers: they have to do a lot more checks to make sure that not only is the work getting done, but the company and industry compliance requirements are met.

    If anything, they want people back because it makes their job easier.



  • Registered Users, Registered Users 2 Posts: 7,836 ✭✭✭Trampas


    3 years later they’ve still not managed to figured out how to manage people without standing over their shoulders. Maybe they should approach their reporting line on training to manage people who are in different locations. Of course it’s the person doing the work who’s fault it is that their manager can’t manage them without them in earshot



  • Registered Users, Registered Users 2 Posts: 12,050 ✭✭✭✭Frank Bullitt


    What checks? If the work is getting done then why does anything need to be checked?

    Most companies now want folks back in offices due to an existing lease, which can be seen as a liability to shareholders if it is sitting empty. Others are just following the trend being set by bigger companies (who again, have large leases).

    It obviously isn't for the sake of productivity. That has long since been proven otherwise.



  • Registered Users, Registered Users 2 Posts: 12,793 ✭✭✭✭Flinty997


    Sounds very efficient. Lots of middle managers checking stuff that should check itself.

    https://twitter.com/_workchronicles/status/1734974065167696036



  • Registered Users, Registered Users 2 Posts: 18,496 ✭✭✭✭bucketybuck


    Is it not very naive to convince yourselves that all these successful companies want a return to offices simply because they are big dumb dumbs?

    Like, think that if you want, but just because some want to sit in pyjamas all day doesn't mean that a hell of a lot of business owners aren't allowed to have a different opinion.

    I think a lot of you live in some IT bubble where everything is cliche middle managers and HR departments. Fact is, there are a lot of businesses out there that see tangible benefits to having people in office and have decided that if they are paying for everything, then thats what they want to happen.

    Leave them and go elsewhere if you disagree, that is your right, but it is foolish to just assume that they are stupid and wrong.



  • Registered Users, Registered Users 2 Posts: 5,638 ✭✭✭caviardreams


    The blame-the-manager vitriol that some WFH advocates adopt hints at more than a little bit of deflection and people who don't like the idea of accountability - the old "accountability is micromanagement" trope is alive and well



  • Registered Users, Registered Users 2 Posts: 12,793 ✭✭✭✭Flinty997


    If someone actually described valid use cases where you need to be there in person, instead of bumbling example of ineptitude they wouldn't get lambasted. Perhaps you might have a point. But mostly they don't. Same with nonsensical HR policies. If it looks like a duck, its probably a duck.

    RTO office is simple, its either in your contract or it isn't. If you don't like it, vote with your feet. It will either cause a retention issue or it won't.



  • Registered Users, Registered Users 2 Posts: 12,793 ✭✭✭✭Flinty997


    You have to have a thin skin, if you think a few quips about micro management, is vitriol. Or its hit a nerve.



  • Moderators, Politics Moderators, Social & Fun Moderators Posts: 16,313 Mod ✭✭✭✭Quin_Dub


    I think a lot of companies are finding that while fully remote works well for established staff , new hires and especially those new to the workforce in general find it quite difficult.

    As time passes since the Covid WFH experiment a larger and larger % of staff at some companies have never worked in a full office and that is presenting challenges in terms of helping them establish their networks and to learn from peers about how everything works together etc.

    In my own firm over 25% of staff have joined the company since Covid so that's a very large number of people lacking that "wisdom of the crowd" as it were from the company tribal knowledgebase.

    Companies however are struggling to actually find a way to solve that without pissing off all the staff that are perfectly happy and effective at home.

    Blanket demands for mandatory numbers of days in the office aren't the answer , but I'm sure they really know what else to do.

    I suspect it will be a period of blunt instrument enforcement and then a more nuanced approach will eventually settle in , but it will take a bit of time.



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  • Registered Users, Registered Users 2 Posts: 5,638 ✭✭✭caviardreams



    Anyway, away from the deflection again and back to the issue

    If you think managers don't need to check in on deliverables and output progress because it all just gets magically done on time by every single remote worker than you must be incredibly lucky with your recruitment and current crop of reports. Not everyone is that fortunate



  • Registered Users, Registered Users 2 Posts: 212 ✭✭_ptashek_




  • Registered Users, Registered Users 2 Posts: 12,793 ✭✭✭✭Flinty997


    The OP came here looking for advice about what they can do about RTO. Thats been answered. Its the work problems thread.

    If people want to tell us why they are unable to manage remote teams, or why micromanaging works for them. Be delighted to see that in its own thread.



  • Registered Users, Registered Users 2 Posts: 6,742 ✭✭✭Wanderer2010


    Your point is valid but only in companies with robust training policies and an inclusive environment where knowledge is absorbed and passed on to new hires is evident. But what about people who just dont like each other or toxic workplace cultures where zero knowledge is passed on shared? In such places, being in the office has no tangible effect whatsoever because when you ask for help or more training, you get ignored or scowled at. Many, many workplaces are like this and the whole "everyone works better face to face and collaboration thrives" is complete bullsh!t and nothing but an excuse for companies to force people back. There are arguably lots of reasons such as renting premises etc why people have to go back but this whole "its better to learn in person" is rubbish because that doesnt apply in many jobs...



  • Registered Users, Registered Users 2 Posts: 717 ✭✭✭Yeah Right


    Yes, boss.....right away, boss...........best of luck in your application to be chief boot-licker, boss.



  • Registered Users, Registered Users 2 Posts: 26,125 ✭✭✭✭Mrs OBumble


    An easy example is compliance with the Organisation of Working Time Act.

    With a few exceptions (junior doctors, some hotel staff), employers are legally required to make sure that everyone averages less than 48 hours /week, and has 11 hours off between shifts, and has minimum breaks.

    One way to do this is to make everyone use timesheets with occasional audits and penalties for people who tell lies. But that's horrible, and widely hated. Another is on-site working and limits on access hours eg the office is closed 8pm to 7am, you cannot be in outside those hours: by definition this gives 11 hours between shifts). With WFH, those natural check aren't possible. So managers need to think about what kind of checks are suitable for their industry, and carry them out. Whatever they choose to do, it's either more work for manager, or the risk of being fined for the company.

    There are many other laws and industry-requirements which require checks, process steps etc. There are also things like CPD hours requirements: I know a couple of people presenting these courses who've had to adopt far stricter checks to ensure people who are virtually attending courses were engaging with the material It's all possible of course - but more, not less, work for the middle managers.



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  • Registered Users, Registered Users 2 Posts: 12,050 ✭✭✭✭Frank Bullitt


    Natural checks? When I worked in an office, no manager ever came by or mentioned “hey make sure you aren’t working too many hours now”. If anything, I worked longer hours when I was in an office, it’s probably a mix of my experience and age now that I know when to close the laptop and switch off.

    If all these obstacles existed for WFH, where have they ever been mentioned in the past 3-4 years?

    And you want penalties for people who tell lies? I’ve said it before to you, but I thank my lucky stars I don’t work with anyone like you.



  • Registered Users, Registered Users 2 Posts: 12,793 ✭✭✭✭Flinty997


    Everything you're talking about can be done remotely and automated.

    Obviously some people are locked in a mindset to do things in obsolete and inefficient ways. It's busy work.



  • Registered Users, Registered Users 2 Posts: 717 ✭✭✭Yeah Right


    Absolute rubbish, from start to finish.

    Timesheets? What is this, 1996? Nobody has used timesheets in a quarter of a century. Meanwhile, running off a report of how long each of your staff has been online, how late they're working, what sites they've been visiting, how many emails they've sent or any other number of metrics and KPIs is literally the push of a button away. There is no need to be breathing down somebody's neck to ensure they're carrying out the work they're being paid for. Literally zero, when it can also be done electronically, but again, this makes the manager's role redundant,

    There is something perverse in hiding behind "this is for the staff member's own good" as you advocate forcing them into the rat race every morning. "Your time and mental well-being are important to us, we need to make sure you get your 15 minute breaks" she says, as she rationalises imposing mandatory commutes on them of up to 4hrs per day, plus all the ancillary time losses that goes with it.



  • Registered Users, Registered Users 2 Posts: 26,125 ✭✭✭✭Mrs OBumble


    That's just one example of a legislative requirement. I never said that it requires people to RTO. Just that with WFH it makes more, not less, work for middle managers.

    Sure an automated report can track employee activity - but most people would say its not right to use an AI-bot to decide what to do if an employee's work patterns break the law.

    I don't know what universe you're in, but last did a timesheet when I was working thru an agency in 2019. Sure I completed it online, but at the end of each week I had to print it out and get a wet-ink signature from the client.

    And if your staff have a four hour commute -you've got the wrong staff. Hire local and support your own economy.

    Post edited by Mrs OBumble on


  • Registered Users, Registered Users 2 Posts: 717 ✭✭✭Yeah Right


    "sorry, lads, Mrs O on boards thinks that Balbriggan to the city centre isn't local enough, so I'm gonna fire you all and hire a few lads from the North Strand.......for those that aren't being fired, you'll have to come into the office every day because apparently she hasn't heard of an e-signature and, again, to make sure you're getting your 15 minute breaks"

    Give over, will ya....you consistently have the worst takes possible on anything related to working in Ireland. I'd say you'd fire Scrooge McDuck for being too frugal.



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  • Registered Users, Registered Users 2 Posts: 12,793 ✭✭✭✭Flinty997




    An automated report is not AI. There are digital signatures these days. Signatures are not unique to remote working. This not extra work.

    You must have hated when they invented the phone.



  • Registered Users, Registered Users 2 Posts: 2,230 ✭✭✭witchgirl26


    Look some people work great when WFH, others don't. My office has an RTO but it's 3 days a week with one of them being mandatory for all to facilitate team meetings being in person.

    I've had a remote manager since being in this job as he's based in the UK, while I'm in Dublin. In my work, the RTO is less about keeping an eye on people working but more that collaboration between departments (& even within the same departments) is better when done in person. As someone who has half a team in another country, I can honestly say that we do our best collaborative work when we all get together in a room twice a year. We'd do it more but the cost of flights etc. is prohibitive for it.

    It is also a fact of life that some people take the mick when WFH & use it as an opportunity to do all their own bits on company time.

    As for timesheets - they are still very much a thing if you work in some of the professional services firms where there is billing to clients involved. Big 4 accounting you had to account for your day in 15 min blocks.



  • Registered Users, Registered Users 2 Posts: 12,793 ✭✭✭✭Flinty997


    Time sheets are not unique to remote working. They are just part of normal working and billing.



  • Registered Users, Registered Users 2 Posts: 26,125 ✭✭✭✭Mrs OBumble


    Automated reports cannot decide what to do about themselves. Any fool can run a report (and many do).

    The extra work for managers is deciding what to do about what it shows.

    If you think that all employees do what they're supposed to do correctly and on-time, with little or no supervision, then you are delusional or perhaps just very naive.



  • Registered Users, Registered Users 2 Posts: 26,125 ✭✭✭✭Mrs OBumble


    Agreed. Doesn't matter if they're paper based, online or cloud based, they absolutely are in regular use.

    But according to the aptly-named Yeah Right

    Nobody has used timesheets in a quarter of a century.



  • Registered Users, Registered Users 2 Posts: 12,050 ✭✭✭✭Frank Bullitt


    Your trust issues with employees is quite worrying.



  • Registered Users, Registered Users 2 Posts: 22,318 ✭✭✭✭ELM327


    as a manager of online resources (headcount in a task delivery system) I developed reports that allocated different tasks to different people/s or group/s based on skillset and sla. You don't need a middle manager to micromanage task assignment or "what to do", all the time. It can absolutely be automated. In a lot of cases.



  • Registered Users, Registered Users 2 Posts: 12,793 ✭✭✭✭Flinty997


    We also have systems like that.

    But you get managers constantly trying not to use them, struggling to cope as a result, then inventing some alternative which is far worse than the existing system.



  • Registered Users, Registered Users 2 Posts: 2,900 ✭✭✭thomas 123


    Could be looking to cut back on staff - easy way to shift a few people on.



  • Registered Users, Registered Users 2 Posts: 12,793 ✭✭✭✭Flinty997




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