New guidance released for employers on hybrid working

The last two years have seen various developments in the world of working with hybrid working, the practice of working partly in the office and partly elsewhere, usually at home, becoming the norm for most in 2022.  The House of Commons Library have recently published a report entitled; ‘Flexible Working: Remote and Hybrid Work’, which reviewed the current law on flexible working arrangements and made suggestions for reform. Following the increase of hybrid working since COVID-19, the Government has recommended that flexible working should be the default position for all workers post-pandemic. Our Employment Law team explains more here about the pros and cons of hybrid working and highlights some of the recommendations made in the new guidance.

Why should I consider adopting hybrid working in my business?

There are many benefits of hybrid working for both employers and employees which have come to light in recent years, including.

• Reduced overhead costs - the need for expensive workspaces and other related overheads could be reduced and relocation costs could be avoided.
• Increased productivity - employees working from home avoid commuting time and associated stresses.
• Better motivation - many workers respond well to working from home and have increased job satisfaction due to the flexibility.
• Employee retention - workers who might otherwise be lost because of family relocation, new family or caring responsibilities, or temporary or permanent disability may stay if offered appropriate arrangements, including temporary or permanent home or hybrid working.
• Recruitment - employers that allow hybrid working will have access to wider geographical talent.  You may be able to avoid paying higher salaries on recruitment relating to areas with a high cost of living. The ability to work from home is also likely to be seen as a benefit by potential candidates and may attract greater diversity.
• Resilience - organisations geared to homeworking and hybrid working may be better able to withstand external disruptions such as transport problems, adverse weather conditions and even terrorist threats.

What negatives should I consider before adopting hybrid working?

Despite the benefits of hybrid working, there is also the potential for problems to arise which you should consider how to overcome prior to making any changes, such as:

• Culture - loss of control, and damage to team working and company culture. There are ways to overcome this by reviewing your employee engagement practices.
• Collaboration - reduced face-to-face collaboration among colleagues and teams, which is not only important for innovation but also for employee social interaction and wellbeing. Again, this could be overcome by reviewing how you manage and interact with your teams and managers, ensuring regular meetings are held and that there are no employees excluded due to not being in the office.
• Management and oversight - different management styles may be required to oversee homeworkers, and managers may not be able to support work or workers to the same degree.  Offering managers the relevant support can be crucial in tackling management skills.
• Learning and development – having less resource based in the office could lead to reduced mentoring, on-the-job learning and training opportunities for junior or less experienced workers.
• Data security - potential confidential information, data security and data protection breaches. All data protection and security policies should be reviewed and communicated to employees upon adopting hybrid working.
• Inclusivity - employers may face challenges ensuring inclusivity and participation with a dispersed workforce, where some employees attend meetings from the workplace and others join remotely.
• Mental health - employees working from home may experience loneliness and boredom, feel alienated from their organisation and developments within it, and may miss workplace facilities. They may also find it more difficult to separate their work life from their home life.  Full support should be offered to employees, as well as management training on how to spot the signs of poor mental health, particularly in those employees who are more remote based.

How should I manage staff who are hybrid working?

The Government guidance highlights the need for managers to receive training in respect of managing staff who have adopted a hybrid working arrangement. Managers will need to have knowledge of the law on flexible working, as well as understanding how to support employees.

How do I carry out recruitment and the induction process for hybrid working employees?

It is recommended that companies adapt their recruitment approach and procedures. Employers will need to consider when recruiting whether applicants have the required skills to work in a hybrid environment. Companies should ensure there is a consistent approach to recruitment and that information on hybrid working patterns is provided clearly. New staff will also require appropriate training, as well as the support needed to adjust and to understand how to work effectively.

How can I ensure inclusivity when adopting hybrid working?

The guidelines emphasise the need for inclusive and fair hybrid policies so as to enable equal access to hybrid working, equality of treatment between hybrid and non-hybrid workers and consistent decisions relating to hybrid working arrangements. Policies must also identify that not everyone can or will want to undertake hybrid working.

Health, safety and wellbeing for employees who are hybrid working

Employers have health and safety responsibilities to all staff, irrespective of whether they are located in the office or elsewhere. Hybrid work can support health and wellbeing. However, there can be challenges to ensure a safe and appropriate working environment.

This new Government guidance is useful for employers as a starting point when implementing hybrid working policies and practices into their business. This is a developing area of employment law where it is expected that hybrid working will become the default position within the next 6 to 9 months.  To discuss any of your policies and procedures mentioned in this article, or if you have further questions about remote or hybrid working, you can contact our Employment Law team on 023 8071 7717 / employment@warnergoodman.co.uk.

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ENDS

This is for information purposes only and is no substitute for, and should not be interpreted as, legal advice.  All content was correct at the time of publishing and we cannot be held responsible for any changes that may invalidate this article.