Hybrid working is now seen as the norm for many roles; it is something that workers value.
The study found that three-quarters of respondents have seen candidates turn down new roles that did not offer hybrid working. Meanwhile, 72% said companies that do not offer hybrid working are becoming less competitive in the job market.
Employees are now used to working in an agile way and expect flexibility at work – as the results of the IWG survey show. If these expectations are not met, then employees are likely to go elsewhere.
What are the benefits?
If an employer is able to take a more flexible and personalised approach to working location and hours, then it will be able to draw from a wider pool of talent.
It also supports disability inclusion and those who are working parents.
As of 6 April 2024, the right to request flexible working became a day-one right. So, employees can now request a change to their work location from the first day of employment
Rebecca McGuirk, Trowers u0026 Hamlins
Hybrid working brings a number of positives for employers – increased productivity and job satisfaction, retaining a more diverse workforce and improving trust and working relationships.
It also has benefits for employees too – it is good for wellbeing; it can help reduce stress, as employees will feel more in control of their work/life balance; and reduce the time and cost associated with commuting.
Right to request flexible working
As of 6 April 2024, the right to request flexible working became a day-one right. So, employees can now request a change to their work location from the first day of employment.
Other changes introduced at the same time mean that an employee no longer has to explain what effect, if any, they think their requested change will have and how this should be dealt with.
They are also now entitled to make two requests, rather than one, in any 12-month period, and an employer cannot refuse a request unless the employee has been consulted with.
The time for an employer to come to a decision on a request was reduced to two months.
Under the Employment Rights Bill, introduced by the government in October, flexible working will become the "default" from day one for all employees, but only where this is "practicable".
There are two key changes proposed:
- An employer can only refuse a flexible working request if it is reasonable for them to do so.
- An employer must state the ground for refusal and explain why it is reasonable to refuse the request on those grounds.
Practical issues
There will be a number of practical matters to consider, including compliance with health and safety requirements.
Employers are under a duty to provide a safe working environment regardless of location, including providing the necessary equipment.
As well as paying attention to the physical health of employees, it is important to ensure that they receive support for their mental health too.
The Acas guidance on remote and hybrid working recommends that employers think about how to support their employees' mental health and wellbeing and talk to them about any problems they may be having.
Whilst hybrid working has many positives, it has some challenges too – for example, managing employees remotely.
It's a good idea to establish clear objectives.
Employers should also emphasise the importance of work/life balance. Employees' hours can creep up while working from home and, as well as being detrimental to their health, it could breach the working time regulations.
Acas recommends that managers have regular one-to-one meetings, as these are good opportunities to talk about how work is going, as well as how people are feeling.
These can be used to discuss how hybrid working arrangements are working from the perspective of both parties.
It's also important that employers have effective communication and collaboration between employees in the office and those working remotely.
Fairness is key
All staff should be treated fairly and equally; someone should not be disadvantaged because they work from home or have a hybrid working arrangement.
Employers should emphasise the importance of work/life balance. Employees’ hours can creep up while working from home and, as well as being detrimental to their health, it could breach the working time regulations
Rebecca McGuirk, Trowers u0026 Hamlins
Acas recommends that all employees should be given access to the same support and opportunities for training, development and promotion.
Managers should also communicate regularly with everyone they manage and meetings should be scheduled (with accompanying technology, if needed) to make sure that everyone can take part in conversations and activities.
It will also be important for an employer to avoid discriminating against anyone when making decisions about hybrid working.
Acas gives the example of an employer who accepts a hybrid working request from a man who has children. However, a similar request from a woman is refused because the employer assumes she will be distracted by the children, thereby discriminating against her on the grounds of her sex.
Put a policy in place and keep it under review
Employers should put a policy in place that sets out the process for considering requests. The policy should state what kinds of hybrid working are available in the organisation.
It's also useful for the policy to set out how requests will be assessed and responded to. Health and safety; the provision of workplace equipment; expenses; how performance will be managed; and data security are all things that should also be included.
Employers should be prepared to be flexible – for example, trials of hybrid working patterns may need to be agreed to see if they actually work from an operational perspective.
The benefits of putting hybrid working arrangements in place in terms of recruitment, retention and staff wellbeing are clear, and there is no reason why – with a proper framework in place – they cannot be made to work for you.
Whether hybrid working is a success will depend on an organisation's ability to adapt as the world in which we all work changes.
Rebecca McGuirk is partner and head of employment at Trowers & Hamlins.
