Can an Employer Force You Back to the Office if Your Contract States Hybrid Work?

The rise of hybrid work has reshaped how Australians think about their jobs. Many employees signed contracts during or after the pandemic that explicitly outlined hybrid arrangements, usually a set number of days at home and in the office. But what happens if your employer suddenly decides they want everyone back in the office full-time? Can they legally require it?

1. What Your Employment Contract Says Matters

Your contract is the starting point. If it specifies hybrid work (for example, “3 days in the office, 2 days remote”), that’s a contractual entitlement. Employers cannot unilaterally change it without your agreement. Any attempt to enforce a full-time return without negotiation could amount to a breach of contract.

2. Flexibility Policies vs. Formal Contract Terms

Some employees don’t have hybrid work written into their contract, but instead have it outlined in company policy or as a discretionary arrangement. Policies generally aren’t legally binding in the same way contracts are. This means employers usually have more leeway to alter them, though they must still act reasonably and fairly.

3. Can an Employer Make Changes?

Employers can propose changes to working arrangements, but:

They need your agreement if hybrid work is a contractual term.
They must follow consultation obligations if changes affect large groups of staff (e.g., under an enterprise agreement or award).
Forcing changes without consent could expose them to claims of constructive dismissal, unfair dismissal, or a general protections claim.

4. Fair Work Act Considerations

Under the Fair Work Act 2009 (Cth), employees have a right to request flexible working arrangements in certain circumstances (e.g., caring responsibilities, disability, health reasons). An employer can only refuse such requests on reasonable business grounds.

If you’ve been working hybrid successfully and your role can reasonably continue that way, forcing a sudden return could be challenged if it’s unreasonable or discriminatory.

5. Practical Steps if This Happens to You

Check your contract: Look for specific wording around hybrid or flexible work.
Clarify in writing: Ask your employer to confirm the basis of the change.
Negotiate: Suggest a trial or compromise (e.g., 1–2 extra office days).
Seek advice: If you feel pressured into an unfair change, contact the Fair Work Ombudsman or a workplace lawyer.

If hybrid work is written into your contract, your employer cannot simply force you back to the office full-time without your agreement. If it’s only a company policy, they have more flexibility, but they still need to act reasonably. In either case, you have rights, and there are steps you can take to protect them.