Why return-to-office mandates risk widening inequalities
The pandemic proved that high-quality work can be done outside the traditional office, with many professionals reporting enhanced productivity and wellbeing. However, our new research in the Industrial Relations Journal shows that while homeworking (WFH) surged across all demographics during the pandemic, ethnic minority and migrant groups — particularly Black men, and Chinese workers of both genders — are still much less likely to benefit from it.
This isn’t purely a matter of preference. In a diary study conducted by professor Heejung Chung and the Trades Union Congress with Black and minority ethnic (BME) employees, most participants valued homeworking for improved work-life balance. Yet concerns about being perceived as “less committed” or “less competent” often push these groups to stay in the office to safeguard their careers.
Several high-profile employers, such as JPMorgan Chase, and parts of the UK public sector now require workers to be on-site most days. Law firms may feel pressured to follow suit to meet client expectations and train junior lawyers.
In contrast to employers’ growing push for office-based presence, KPMG’s Future of Work report found that employees want to preserve the flexibility they enjoyed during the pandemic. Our analysis also highlights the potential risks of introducing top-down in-office mandates.
Without addressing workplace biases, homeworking is likely to create a two-tier system that reinforces gender and racial inequalities. Those with lower bargaining power — often ethnic minorities and migrant workers — may have to comply and stay on-site to prove their dedication, while senior or ethnic majority-group professionals may treat WFH as a penalty-free “privilege”.
Furthermore, we found that ethnic minority women often rely on WFH to manage career and family responsibilities. Restricting flexibility could jeopardise their career trajectories and erode recent advances in gender equality, especially given evidence that homeworking helps mothers maintain their careers post-childbirth.
So how can law firms support equity while still fostering collaboration?
1. Reframe performance evaluations: Make it clear that working from home does not signal lower ambition or productivity. Assess performance based on outputs, rather than working hours and desk presence.
2. Audit high-value assignments: Introduce regular feedback loops to ensure certain groups aren’t inadvertently passed over for career-advancing projects because they work remotely.
3. Design a thoughtful hybrid model: Schedule “anchor days” for strategic in-person work. Ensure that junior staff have opportunities for mentoring and socialising, placing culture-building activities front and centre on these days. Secure senior staff buy-in to emphasise that these activities are core to the business.
Far from compromising performance, a well-designed WFH strategy can boost inclusion, engagement and innovation. By adopting an evidence-based management approach —rather than one-size-fits-all on-site mandates — law firms can build more diverse, high-performing teams and ultimately deliver superior service.
