20 May 2021

The Rise of Hybrid Working!

According to the Office for National Statistics, prior to the pandemic only 5% of the workforce worked from home!

The pandemic and the government guidelines to work from home meant that many business had to rethink how they structured the workplace. Many employees started working from home at the very beginning of the first lockdown in March 2020. Companies rose to the challenge and quickly adapted to a new way of working even though it may not have been that easy, and a very different way of working for some. 

Questions arose like how do I support employees with no visibility in the office, how do I manage my team and in some cases how do even I know my team are working? 

Fast forward 12 months and in most cases it has worked well and the questions employers had, have been answered. Managers have realised that you can support and manage employees without them having a physical presence in the office and there have also been some benefits. 

In an article by Tech Republic from October 2020 it was stated about Microsoft Teams - “that the company's workplace collaboration platform now boasts more than 115 million daily active users, an increase of 53% since April 2020. This is just one of many services that companies have embraced during the pandemic.

Employers should prepare for ongoing working from home….

Members of the Scientific Advisory Group for Emergencies (SAGE) have quoted a warning against a return to the office this summer as it could cause a third wave, and have recommended that workers continue to work from home for the foreseeable future.

Commenting on the reports, Gemma Bullivant, an HR coach and consultant, said organisations should plan for ongoing disruption around home and office working. “One thing we have learned from this pandemic is our organisations can no longer exclusively make all the decisions about how they want to operate,” she said.

More important than where employees were working was good leadership and management, said Bullivant. “Managing how teams collaborate, interact and contribute to meetings can be just as effective in any of the models, providing they are done in a way that is appropriate to the model of working being applied,” she said.

“We need to be careful about ‘all or nothing’ thinking when looking at each model of working and instead focus on a pragmatic and transparent assessment of the pros and cons of each approach.”

This was echoed by Mike Robinson, chief executive of the British Safety Council, who said it was ultimately up to businesses to decide when and whether employees returned to the workplace based on their operations, so long as they were compliant with government regulations.

“This reinforces the importance and need for employers to carry out a Covid workplace risk assessment in advance of the easing of restrictions to protect workers,” he said.

Louise Aston, wellbeing director at Business in the Community, said decisions about remote working needed to be based on what made sense for the business and what was best for individual employees. “Giving employees the opportunity to individualise their jobs and participate in work interventions can support wellbeing, engagement and productivity, fuelling both business and social benefits,” she said.

However, Tracey Hudson, HR director at The HR Dept, said many firms were well placed to start a safe return to the workplace having already invested in making offices Covid secure. “We believe that, with pragmatic and sensible advice led by a strong management team, offices can and probably should start to return to normal as soon as possible,” she said.

Nick Pahl, chief executive of the Society of Occupational Medicine, also warned prolonged home working could lead to a divided workforce. “Are we now in danger of creating a two-tier society, consisting of those who have workplace autonomy and those who do not?” he said, noting that many frontline workers had no choice but to continue attending their place of work throughout the pandemic.

Last month, figures from the ONS showed that people who worked from home were on average 38 per cent less likely to have received a bonus compared to those who never worked from home, and half as likely to be promoted.

The current government advice is for office workers to work from home unless required to work from the office.

Let’s consider the advantages and disadvantages of new ways of working, including the emergence of hybrid working models.

The UK Government’s Spring 2021 Roadmap for England envisages that the current message, that people should work from home unless they are unable to do so, will remain in place until the latter stages of any relaxation over restrictions. As a result, homeworking will continue to be actively encouraged in the UK until at least June 2021 when, ahead of Step 4 of the Road Map, the Government will re-appraise its guidance, following a review of social distancing and the impact of vaccination and other measures.

As COVID-19 restrictions start to relax and a return to work potentially becomes an option for more employees, many employers will be reviewing future strategy around home working. Some obvious considerations are:

• will all workers who have been working from home return to the workplace?
• might some workers become permanently based at home?
• how might a hybrid model work, with part office-based working and part home-based working? What considerations does that give rise to in terms of office availability?
• what would the workers prefer to do?
• if the change involves a contractual change, what legal issues might that present? What about future flexibility?
• if workers preferences are not prioritised, does the employer face a retention strategy?

If you are considering moving to a hybrid working model, a hybrid working policy can set the ground rules for employees who are operating under this new way of working. 

What should you consider when writing your hybrid working policy, how should it be structured and what can it contain?

You can use our template Hybrid Working Policy which can be found at https://www.britishprint.com/membership-services/human-resources/docs-and-guidance/ and the policy considers the following;

1. Introduce the concept of hybrid working

Employers can begin their policy by explaining that hybrid working, which is sometimes referred to as “blended working”, is a form of flexible working that allows employees to split their time between attending the workplace and working remotely (typically from home).

The policy can also highlight the benefits of hybrid working for both the employer and workforce. These benefits include:

• helping the workforce to become more agile in the new working environment created by the coronavirus pandemic, and
• enhancing the employer’s commitment to supporting a positive work-life balance.

2. Define who is eligible for hybrid working

It is important for the policy to set out who is eligible for hybrid working, for example by making it clear which roles are suitable for this way of working.

It maybe that hybrid working is not suitable for all roles, such as certain sales roles where face-to-face contact and the personal touch are essential. The policy can make this clear and explain the rationale.

The clearer the employer is on which roles are suitable for hybrid working, the less likely it is that there will be disputes with employees over whether they can move to hybrid working.

3. Set out expectations on attending work vs working remotely

The policy should set out clearly the number of days per week employees are generally expected to spend attending the workplace compared with working remotely. For example, it could be that the employer is aiming for a 50/50 split between attending work and working remotely.

However, the policy should also build in a degree of flexibility, with the ratio for each employee ultimately depending on:

• individual circumstances
• the nature of the role
• what is happening within the role and team at any particular time, and
• the employer’s operational needs, including the space it has available at work locations.

Given the degree of flexibility that hybrid working arrangements provide for employees, the policy can emphasise that the employer expects the workforce to be flexible. This could include requiring staff to attend work in particular circumstances, for example for in-person training and for meetings that their line manager has determined are best conducted in person.

4. Describe the working arrangements for workplace attendance

The policy can set out what arrangements employees can expect when they are attending work, particularly around:

• working patterns, with an emphasis on employees’ working hours (for example if the employee is expected to stick rigidly to regular hours or if flexible start/finish times are allowed), and
• workspaces, including an explanation of any hot-desking arrangements.

It is essential that the policy sets out any safe-working measures that are in place, which could include spacing out workstations, compulsory mask-wearing in certain areas, and regular cleaning schedules.

5. Provide guidance on remote working

The policy can provide guidelines on what is expected of employees while they are working remotely. This section of the policy can cover:

• working patterns and maintaining a work-life balance
• sickness absence reporting when working remotely
• technology and equipment provided to assist with remote working
• maintenance of a safe and healthy remote working environment, and
• data protection, including the practice of good computer security.

This section of the policy can also flag up any financial assistance available, which could include allowances to help employees to pay for internet costs at home, the costs of any additional equipment, and the costs of travelling for days on which they are attending the workplace.

6. Retain the right to request flexible working

Employers need to find a way for their hybrid working model to sit alongside the traditional right to request flexible working. This section could explain:

• what other types of flexible working are available
• that these types of flexible working remain available for employees to request, and
• what to do if the employee is not eligible for hybrid working but would like to request it.

The employer can stress that it still operates a separate policy on statutory flexible working requests alongside its hybrid working policy.

We address some common employer questions below.  Please note that our answers relate to the position in England and that, in some cases, alternative measures will be applicable across the devolved nations.

Blended working questions for employers:

What are some of the key policy considerations for employers for longer-term working from home or blended working?

The starting point will be appraising the needs of the business, the overall success (or otherwise) of homeworking during lockdown and the workers’ wishes. Many employers are carrying out worker surveys to gauge worker sentiment. Contractual commitments around the workplace, such as leases and hire agreements, may influence costs assessments and timescale of a policy change. The appropriate mix of home and work will need to be considered to meet company and role requirements, and the preferences of workers. Employment contracts should be checked to identify any available contractual flexibility to minimise risk.

Are there potential employment law risks associated with remote working?

Whether opting for blended working or fully remote working, employers need to evaluate the legal considerations, starting with the employment contracts of staff and the degree of flexibility (if any) these allow. If a contractual change is needed, consent should be sought and engagement with any trade unions would be appropriate. Although decision-making will be mainly guided by business need, good communication with staff to identify potential contractual or equality issues will be essential to avoid litigation or employment relations issues.

Can an employee insist on working from home if they have done so during lockdown? 

It seems highly likely that, if they have done so successfully during lockdown, employees may request greater access to homeworking. There is no legal right to work from home (unless home working is possible within existing contractual arrangements) but employees do have a right to request “flexible” working after 26 weeks’ employment, which could include working from home. Employers planning on a substantial return to the office should be anticipating such requests and determining their policy approach according to business need and fairness. For many, there will be costs benefits to permitting homeworking. If requests are able to be accommodated, the decision must be fair, consistent and made without discrimination.   

Conversely, can an employer insist that employees continue to work from home?

Many employers are already reviewing their office space requirements, some even announcing a move to permanent homeworking for all staff. Full-time homeworking or a blended approach to working is likely to involve a contractual change, for which employee consent should be obtained. The business reasons for any such change will need to be considered carefully, along with a communication strategy and opportunity for flexibility (if any). For example, are there any individual or practical obstacles to the employer forcing change? Potentially, a permanent contractual change presents a number of employment law and contractual issues, particularly where employees are resistant. The degree of permanency and future flexibility of arrangements should also be considered.

What are some disadvantages employers may encounter with homeworking?

Having experienced homeworking in the last year, employers will have encountered many initial, practical challenges of a move to remote working. However, amongst many advantages, potentially negative effects which may emerge and need to be addressed include:

• isolation or disengagement from team culture for people who are away from the workplace
• loss of productivity or focus
• difficulties in on-boarding new starters or with integration generally
• less effective supervision and learning opportunity
• distorted perceptions of respective workloads or contribution

Proactive communication and interaction will be key to averting or resolving many of these issues. 

Can employees claim reimbursement of expenses incurred as a result of working from home?

Yes. Employers will either need to provide employees with equipment, such as mobile phones, computers and other office equipment (including stationary) to enable them to work from home, or, if the employee’s own equipment is used, reimburse associated costs (various tax exemptions and reliefs may apply, subject to HMRC conditions). Employees will need to document expenditure, just like any other expense claims.

What health and safety (H&S) responsibilities do employers have with respect to homeworkers?

There has been renewed focus on, and awareness of, managing H&S risks of home working since lockdown started, including upon mental health. Both employers and employees have H&S responsibilities for facilitating safe working and these are the same for working in an office, on a site or remotely from home. If an arrangement is new or will be a more permanent one, employers should review their existing risk assessments (or undertake a risk assessment where one has not been undertaken) to identify the risks to its employees working remotely from home and what mitigating measures can be taken. Alternatively, employees should be asked to carry out an assessment of their work environment and equipment using a questionnaire, checklist or conducting an assessment digitally. Bear in mind that it is not just the physical environment that should be considered but provision to manage stress or excessive working hours is also important. Employers should also refresh the information provided to employees about working safely at home. 

How should employers protect data privacy and other regulatory compliance where employees are working at home?

Again, this is an issue that employers will most likely have considered in recent months but will become more significant if homeworking becomes a more permanent strategy. Data protection policies, privacy notices, etc., will need to be updated. Where employees have access to personal or confidential data from home, the employer must ensure that they have appropriate equipment, software, IT/DP policies and training and other safeguards in place. The ICO has issued homeworking data security guidance. Other regulatory requirements, including sector specific provision, will also need to be reviewed to ensure ongoing compliance. For example, regulatory bodies in the financial services sector have issued reminders of the need to adhere to market trading and identity verification standards notwithstanding homeworking.  

Ultimately hybrid working in some form is here to stay. 

If you need any further advice or support, please do not hesitate to contact a BPIF HR Adviser on 01676 526 051 or [email protected]

Resources

https://www.eversheds-sutherland.com/global/en/what/articles/index.page?ArticleID=en%2FEmployment_and_labour_law%2Fblended-working&utm_source=vuture&utm_medium=email&utm_campaign=vuture-emails

https://www.peoplemanagement.co.uk/news/articles/employers-should-prepare-for-ongoing-working-from-home