Coping with a Return to Office policy

You have more rights than you think

Photo by Resume Genius on Unsplash

The brief (but wonderful) WFH era

Lockdowns, a Covid byproduct loathed by extraverted neurotypical managers everywhere, became a dream for millions of people across the world. All of a sudden they didn’t have to endure the unreliable, crowded, dirty commute in order to spend their days in the sensory nightmare that was the office. Unsurprisingly, their productivity and wellbeing skyrocketed.

This complete change of working experience led to a generation of employees realising that they might not be the broken neurotypicals they always thought they were. They were actually perfectly functioning neurodivergent people whose performance and fulfillment was unlocked when they had the right working environment. Specifically, when they had agency over when, where and how they worked.

The neurodivergent community rejoiced and we believed this was it. There was no going back.

The MRO power grab

Unfortunately this turned out not to be the case. Shaken by their perceived temporary loss of control over their employees, and wanting to demonstrate their power to their peers, managers started to copy each other in mandating a return to the office (MRO).

The initial argument was that it was for ‘collaboration’ or ‘culture’ or even ‘wellbeing’, positing that people were sad and isolated at home and that everyone would achieve more and be happier if they were together in the office. But that only makes sense for those who get energy in those environments. It also ignored the joy that introverts, parents, and physically disabled and neurodivergent employees found in having more control over where they worked.

Today, the narrative has been successfully shifted to a moral one: if you want to work at home then you’re lazy, entitled and not a team player. This pernicious discourse adds insult to the injury of the inherent ableism of mandated return to the office policy, by framing employees who prefer WFH as morally inferior.

What you can do: 3 facts

It’s shit and it’s not fair, but there are things we can do. If you identify as neurodivergent, are being forced into an office regardless of the impact on your wellbeing, here are three facts to consider.

Fact 1: you do not need a diagnosis to be entitled to reasonable adjustments

That’s right. Let me say that again for those in the back. YOU DO NOT NEED A FORMAL DIAGNOSIS TO BE ENTITLED TO REASONABLE ADJUSTMENTS. If you’re feeling unsure of this, see ACAS, who are pretty clear on this point.

Many employers do not know the details of The Equality Act 2010, under which we are protected - but ignorance is no excuse in the eyes of the law. See my previous article on examples of reasonable adjustments and how to go about accessing them. Oh, and by the way, flexibility around working from home counts as a ‘reasonable’ adjustment in a lot of cases (depending on what you do for a living).

Fact 2: if your wellbeing is being greatly affected, you can self-certify for a week

If you feel you’re starting to lose your mind, you can take a week off sick without needing a doctor’s note. All you need do is inform your employer. You do not need their permission. They are not allowed to question you, demand you come back in or do anything like this, which constitutes as harassment. This week off will give you the space to decompress and decide what you’re going to do next.

If you need more time off, you can ask for your GP for a doctor’s note. Tell them why you need this time, as if you need to take further action, this note will work as evidence. Talking of further action…

Fact 3: if your reasonable adjustments are persistently refused and ignored, you can take your employer to court for discrimination

There are a growing number of cases of employees suing their employer for discrimination because of a denial of reasonable adjustments. For example, an officer at the Met Police who had a heart condition, successfully sued his employer for forcing him back to the office, despite knowing his condition and so knowingly put his health at risk. In another case, a Scottish employment tribunal sided with an employee with a range of mental health conditions, such as agrophobia and social anxiety, when their employer changed their working policy to being office based, without offering any reasonable adjustments.

Of course, a tribunal is a big undertaking. Whilst there is no cap on disability discrimination pay outs, winning is not 100% guaranteed and it requires a great deal of emotional energy. In the end, sometimes protecting your wellbeing is more important and it may make more sense to just walk away.

I wrote this for people I know who are struggling with mandated office working and other ableist policies and behaviours. If you want to talk more, let’s chat. I’m not an employment lawyer, but a neuroinclusion coach, consultant and trainer, and I can help you figure out how to manage the situation without burning out.

You deserve work that is joyful and fulfilling, not a living hell that destroys your soul.