Colleague refusing to hotdesk at work – anyone else face this issue??

[Singleparent78]

Post-pandemic our offices have moved to a hotdesking set up as part of new hybrid working. Most FT staff now WFH 2-3 days/week and now, when they do come in, they no longer have ‘their own’ desk but instead sit at a series of desks which they book in advance – each desk has IT equipment, but staff have all been given laptops that they can bring in.

It’s not ideal but it encourages a good mixing of staff and ultimately saves money - with staff WFH it was possible to reduce the overall office footprint rather than have the same office with half populated desks. A lot of effort went into setting up the new hot desk system to ensure it was well kitted out and comfortable.

One Staff member has been refusing to come in and hot desk. Says it’s a policy that can’t be enforced, that this way of working is not in his contract.

He claims the desks aren’t access compliant – he doesn’t have a disability he just is complaining about the process of setting them up and doesn’t feel the set-up is compliant. He has been WFH for months now, refusing to come in and use the hot desks until he gets his own desk with a number of other requirements on his list.

HR have been useless, just saying I will need to make adjustments ‘to support him’ but my view is as he doesn’t have special requirements, just a general grievance, so needs to follow policy - otherwise what is the point of the policy?

Anyone else have this problem? How did you address it?

If he's not disabled, why does he care if the office has been checked by the disability officer? Bonkers.

that's a pretty shitty attitude, btw. I'm sure lots of people who aren't going to have babies think adjustments for maternity leave and pregnancy are pointless too.

Well if he is going so picky has his horne working environment been checked? I doubt it

disclaimer: not in the UK. This is exactly what happened with us. Someone had to check the home working environments as soon as it was possible to do so. We've always had a mix of WFH contracts anyway, so we already had the expertise.

I really don't know why people don't take their office working environments seriously in terms of general health and safety. You wouldn't think twice about putting on clean room equipment or safety equipment. Why are offices different?

@Dalint I wfh (done via stealth) as my team is IT so operations said we weren't needed as they wanted our allocated desks. But my working environment has never been checked and no one I know has their's

If his hasn't then he can't really claim the office would be worse.

It sounds to me like he just doesn't want to come in because he doesn't want to use doggy day care

I am 100% in favour of a clear desk policy, where desks aren't littered with pointless personal stuff. It makes them easier to clean, and cleaning should be considered a priority, given Covid.

I am 100% against hot-desking. Once you find a desk, you then have to hope that the equipment is fully functional and some shit hasn't pulled out a bunch of cables and then adjust all the settings. If you're using dual screens, the screens are probably flipped. The chair will be at the wrong height (if I don't adjust my chair, I get horrendous backache). The desk, depending on when the person before cleared off, may be covered in all kinds of nasty food crumbs. Plus, I've worked with colleagues who go to the toilet and don't wash their hands. I really don't want to use the same keyboard, desk and mouse as them.

The amount of faff you have to do to set up your workstation and clear it away - on top of the commute - really makes coming into the office an unattractive option. If you want people to come in, it should be as easy as possible. If anyone really doesn't get on with hot desking, offer a fixed desk with no home working. You might find some of them actually jump at it.

As for this guy - say you've asked if he requires any reasonable adjustments under the Equality Act 2010, you've given him a DSE Assessment... HR have reviewed the policies, and they are fine, so the only option available to him is a referral to Occupational Health, or you'll have to start disciplinary action. Or just be kind and offer him the fixed desk without home working.

Says it’s a policy that can’t be enforced, that this way of working is not in his contract.

Does his contract provide for a personal, permanent desk? I've never seen that on a contract.

You're about the 10th person who has suggested that and it's not reasonable. It's discriminatory.

For reference, I used to be a facilities manager.

If a workplace assessment hasn't been done for him wfh, then the company is at fault; not him.

<ex HR workplace adjustments officer>

If there are no WA issues then you need to look at the contract he has. Normally in large companies there will be a lot about "your place of work is" and all of that was set aside to keep businesses ticking along the last couple of years. Some (like your chap) were happy to WFH. Others weren't.

Where there has been conflict (during covid and since as we've moved to more hot desking) the thing to do is to point to the bit in the contract that says something about the flexibility that's required. So "your place of work is X but this may vary depending on the needs of the company". There will be absolutely nothing in the contract about whether he has an assigned desk or not so he can't say that's always been agreed.

Assigned desks have been the norm in many workplaces but I've been in companies even 30 years back where you were expected to come in and see what space was available. For those that do have special needs of any sort you as a manager can designate "anchor" desks which are assigned and equipped for specific individuals. Must admit that I've had one of these for a number of years but mostly that's because I was one of the few people in the department that needed a plugged in land line. I also have a special keyboard and mouse but it takes 2 seconds to set those up so I could have moved about if required.

I agree that hot desking can be grim for many reasons but if he has confirmed via his DSE that he has no special needs of any sort then the only thing that he may want to complain about is cleanliness. Two ways to handle that - have a dedicated cleaning team who sanitise the desks and leave a card on it to say it's good to go OR (& possibly also) have cleaning materials available so anyone can tidy things before or after they have worked.

You need to have a documented meeting with him to discuss his issues and ask for his solutions. Point out that it will be unfair and potentially discriminatory to allow him something that is not allowed for others. If he feels strongly about it ask that he submit an application to have an anchor desk at work or to WFH full time. Ensure he realises that for these to be considered there must be legitimate reasons for these.

Flexible working or reduced time in the office may be allowed for children or other care reasons but the only time I've seen it for animals was where a guide dog was involved. Lots of people got dogs during lockdown and are now struggling to ensure Rover is walked enough or is not messing the lounge carpet while they are at work but that's not a reason to allow 100% WFH.

But hasn't he refused the referral to occupational health?

If he has a genuine need to work from home, it would be smarter co-operating with occupational health as they'll recommend it.

Can you call his bluff and arrange a desk just for him? Sounds like the other staff members are aware of the situation anyway. Think he may then use another excuse but try to present it as airtight as possible

He shouldn't be only given the option of WFH entirely or an assigned desk if he works at the office entirely. That is discriminating against him.
The doggy thing is his problem and he's possibly being inventive to try to force the company to allow him to WFH. I'd have an informal chat first and then based on how that goes, I'd go formal.

Really good post. Agreed 100%

Why is it discriminatory? Not wanting to hit desk is not in itself a protected characteristic

It's more than just the pracrical/physical considerations. It's human nature to find comfort in the familiar, whether that's the location, the desk itself or the people around you.

Some people cope fine with constant change, many don't. You know how regulars at a restaurant or on a bus will always take the same seat? Or on the second day of a course people will return to the same seat? Ok, they'll manage as a one off if it's not free, but given the choice they'll go for the familiar.

If people are feeling unsettled, for whatever reason, even if you don't agree with it, you don't get the best from them.

Personally I think hot desking is OK if you genuinely only need a desk very rarely, but not for 3 times a week, if you care about staff wellbeing.

I am disabled, have a blue badge and like the majority of disabled people do not use a wheelchair. I agree with silverclock.

Hot desking is totally grim no thanks, I don't know anyone who likes it. It's a faff to set up screens, chairs etc and not always clean, some people don't wash their hands, food crumbs over the keyboard etc. People like familiarity
and not going searching for a spot...I can see why he doesn't want to hot desk...

Stress is a real issue. A medical one.

You think that adjustments are only made for people with disabilities?

Any decent employer will try to make the workplace environment a safe place and a 'happy' place if they're good enough to give a shit.
There are jobs which require people to be on their feet, standing, all day long. You can't say to Joe 'hey, stop complaining, you're not in a wheelchair'.

I really feel for you OP. Without HR support there is nothing you can really do, because ultimately they will undermine you.

Absolutely infuriating. Just make sure the rest of your team know how much you value them because you are so right about how demoralising it is for the others.

This is a manufactured issue. There's no need to hot desk. The policy doesn't allow staff to set up their workstation to prevent or manage RSI or carpal tunnel. It doesn't allow for staff who don't have a formal diagnosis for their disability. IDK why companies are so invested in it.
Companies have lost touch with the fact you employ individual people, and at the same time we are expected to swallow a load of vacuous bullshit about how you let us 'bring our whole selves to work', and how you 'support mental health'.

I think the guy does sound like he’s making a mountain out of a molehill, but seriously ‘hot desking?’ What fresh hell is this 😂 if there aren’t enough desks can’t people just be allocated a desk for their day, to essentially share with the person who works on the other days? Sounds like a gimmicky load of shit, I’m not surprised at least one generally tricky person is kicking up a fuss about it. You’ve created your own battle here.

I'm a good team member, mostly positive and well rated. I absolutely-fucking-lutely HATE hot desking. HATE. HATE. HATE. I like routine and hate how much time it wastes every morning setting up the screen, the chair, the footrest (I'm short). I hate other people's muck and grime.

I joined pre-hit desking at my firm and mostly it now is. I hope my employer would be understanding before getting to the point of calling out what's in contract if we ever got to that point. We had it for about 8 months and I used to ensure I was in early every day to get the same desk.

Either: he genuinely hates it and just let him have a desk booked every day OR he has a desk and still want to WFH in which case you have to move to some sort of enforcement.

(And it's all well and good saying it reduces the office footprint, but what's the benefit to the individual employees of this change?)

Your fella sounds like an idiot.

I'm not a drinker either but I still go to after work drinks and have something non alcoholic.

In my place of work, we take reasonable adjustments very seriously and have managed to strike an agreeable balance with the post-COVID smarter working policy

• all desks are bookable on a simple web app, which is so much better than the free-for-all we used to suffer from before, including people still "claiming" their desk, um no it's smarter working you don't own a desk!
• all desks are fully compliant as standard DSE, with adjustable height screens and chairs that have height and arm rest adjustments, good lighting etc.
• for people with more complex RAs, they can have a fixed desk if they request one and it is formalised within their RA, so not just on a whim (fixed desks were possible pre-COVID).

Staff are pissed that he is not coming in because of various administrative loopholes and they know he wants to be at home with his animals (he has 3 dogs and has been vocal about saying he has to get a dog sitter when he comes in). sorry to dripfeed

So the actual issue isnt that this staff member is working from home, it's because of staff whinging about him not coming in. I bet the being vocal about his dog sitter is actually tittle-tattle by people who should mind their own business. If this person is a senior manager, then HR needs to enforce policy (and not pass the thorny issue to you, as lower grade who is going to be in the firing line of this senior manager's resistance), or liaise with their line manager and give policy guidance. If it transpires that the policy doesn't enforce hybrid working then the organisation doesn't have a leg to stand on.

I would pass it back to HR to address the matter, as potentially a behavioural / disciplinary with the person's immediate line manager, not pass the dirty work to you as it sounds like you don't have the authority or seniority/clout to deal with it. No criticism of you, it's just the wrong way of handling the issue.

It's a London thing maybe where desk space costs about 20k per year.

Anyone in 3 or more days a week have an assigned desk. Those who don’t have a hot desk which can be bookable. It works pretty well so far as you keep the ones who are in regularly happy.

Yes, stress is a real issue, but it is not a protected characteristic. Discrimination has an actual legal basis and definition and cannot just be applied to anything. You are only entitled to reasonable adjustments if you are disabled.

As he has refused to engage with Occupational Health etc the OP doesn’t have anything to go off of to make any adjustments, legally required or not. He also would not get far with a claim related to stress/well-being if the employer can evidence he has refused to engage with them.