Back to Work, Back to School, Back to Basics

With September comes a return back to familiar routines – children return to school, routines are re-established, and many employers take this as an opportunity to bring employees back into the office. But in today’s workplace, “back to basics” doesn’t mean a simple return to pre-pandemic norms. For employers, requiring employees to attend in-person work presents a mix of legal obligations, business risks, and cultural challenges.

The New Reality of Workplace Expectations

Flexible and remote work arrangements, once considered temporary, have become deeply entrenched in how employees organize their lives and how businesses have operated since the pandemic. Commuting patterns, childcare responsibilities, and even housing choices have been shaped by the assumption that hybrid work is here to stay.

Employers reintroducing in-office requirements face more than just pushback; they risk legal claims (ie. constructive dismissal) if policies are applied inflexibly or without regard to employee rights.

Key Considerations

1. Human Rights and Accommodation

Requests to continue remote work are not always about preference. Under Ontario human rights law, employees may seek accommodation for reasons such as:

• Family status (e.g., managing school pick-up and drop-off obligations).
• Disability (e.g., medical conditions that make commuting or office work challenging).

Employers are required to accommodate to the point of undue hardship. This doesn’t mean every request must be granted, but employers must engage in a meaningful process to explore reasonable alternatives. Recent case law confirms that “one-size-fits-all” refusals can be risky.

2. Workplace Policies

Policies around attendance, hybrid arrangements, and remote work should be clear, updated, and consistently applied. Ambiguity leaves room for confusion and inconsistent enforcement, which can lead to claims of unfair treatment. Employers should also ensure employment contracts and handbooks are aligned with current expectations.

3. Health and Safety

Policies around attendance, hybrid arrangements, and remote work should be clear, updated, and consistently applied. Ambiguity leaves room for confusion and inconsistent enforcement, which can lead Employers continue to owe a duty to provide a safe work environment. This extends to physical spaces (ergonomics, air quality, illness prevention) and, in some provinces, even aspects of commuting where risks can be reasonably anticipated. Employers should also consider how hybrid models affect occupational health and safety obligations, including whether work-from-home setups require support.

4. Recruitment and Retention

Even where the law permits strict return-to-office mandates, the practical impact should not be overlooked. Employers who insist on rigid attendance requirements may struggle to retain and attract talent, especially when competitors continue to offer hybrid models. Legal compliance is the floor; thoughtful policy design is what will sustain long-term success.

Practical Tips for Employers

• Communicate Early and Often: Employees are more likely to accept changes if the business rationale is clear and openly discussed.
• Engage in Accommodation Processes: Treat each request seriously, document your efforts, and explore alternatives where possible.
• Train Managers: Equip supervisors to apply policies consistently and handle accommodation requests appropriately.
• Assess the Business Need: Ensure the return-to-office policy is genuinely tied to operational needs, not simply a preference. This strengthens both employee’s buying into the policy, and the employer’s legal position.

Back to Basics: A Balanced Approach

For employers, “back to basics” this fall means more than reinstating old practices. It means revisiting the fundamentals of good employment management: clear policies, consistent enforcement, a commitment to health and safety, and compliance with human rights obligations.

By combining a sound legal framework with practical flexibility, employers can reduce risk, maintain engagement, and make the transition back to the office smoother for everyone.

Bottom Line: Returning employees to the office is not just a business decision; it is a legal and cultural shift that requires planning. Employers who balance compliance with open communication and flexibility will be best positioned to succeed this fall.

If you have specific questions or need more information on how to prepare better for the proposed
If your organization is considering a return-to-office strategy or updating workplace policies, our Employment & Labour team at Keyser Mason Ball, LLP can provide guidance tailored to your business needs.