We’re calling everyone back to the office and one employee refuses. Where do I stand?

The answer Just Ask, HR gives

Positive Pam — Upbeat and solution-focused — finds the workable deal.

This one rewards curiosity before authority — because the legal answer genuinely turns on facts you may not have checked yet, and the human answer usually contains a deal.

First, the contract question — and be honest about it:

• What does the written contract say the place of work is? If it still says the office and homeworking was a discretionary arrangement, you're on firm ground to require a return — with reasonable notice and consultation.
• Has homeworking become contractual? Through a formal flexible-working agreement (that's a permanent contract variation unless stated otherwise), a side letter, or possibly through years of established custom and practice. If so, a return mandate is a contract change needing consultation and agreement — imposing it invites constructive dismissal and breach claims.

Second, the why. Ask before you instruct. Their reason changes your obligations: childcare or caring responsibilities engage indirect discrimination risk (blanket mandates hit women with caring roles disproportionately — you'd need to justify the three-day rule as proportionate); a health condition may make homeworking a reasonable adjustment you're required to consider; "I just prefer it" carries no special protection.

Third, the deal space. Most stand-offs settle here: two days instead of three, protected school-run hours, a review after a quarter, clarity on which meetings genuinely need presence. A flexible working request (day-one right, must be decided within two months, refusable only on the eight statutory grounds) gives the conversation a lawful framework rather than a battle of wills.

If the contract supports you, the reason is preference, and the offer was reasonable — then a refusal to attend the contractual workplace becomes a conduct matter, handled through the normal process. But paper that journey: consultation, notice, the compromise you offered. Tribunals notice who tried.