The restrictions imposed during the COVID-19 has changed the way many office-based staff work and how businesses operate.  In reality business owners have realised that staff can be trusted to get on with their job at home and in fact many employees and managers prefer it.  Some staff would like to work part-time at home and  part-time in office space and this can result in smaller commercial offices (thus reducing costs for the employer).  It appears to be a time that many businesses are considering a dramatic change to how they operate and how to best adopt a hybrid or agile workforce.

Before committing to new structures a few helpful hints to consider for employers:

1. Decide what you mean by hybrid working and to whom will it apply:

Where will staff work – home, offices, client premises etc?

Will it be blended working, split working patterns?

How flexible will it be?  Will it be simply location to be considered or also will there be more flexibility in terms of hours?  Will it be core hours, fixed patterns, will clocking in become necessary – how will this be managed?

Will staff always be in on the same days or will teams attend on set hours, will it be hot desking or zoned working?

Will this option be open to all staff or restricted to certain roles where is it deemed more suitable (i.e.) staff who require less interaction with colleagues or staff who need less managerial support.  Alternatively, can supervision be undertaken remotely?

2. How will staff apply for the more flexible patterns:

Will this be encouraged or is it going to be obligatory?

Is the business going to leave it for staff to apply or is this a business wide trend?  Are you looking for all staff to operate like this, in which case the appropriate consultation obligations will need to be considered to change the employee’s terms and conditions?

Any request to change where an employee is required to work will constitute a statutory flexible working request under section 80F of the Employment Rights Act 1996.   Businesses will need to comply with the statutory procedure and comply with the strict deadlines about timing, who attends the meeting and approval or refusal criteria in accordance with the legislation.  It is advisable for a more informal dialogue between line managers and staff to occur before the formal process is started.

3. Changing employment contracts:

Once a proposal for change is agreed, it will become necessary for changes to be made to the staff employments contract to reflect the new arrangement.  This can be achieved by a side agreement/ letter.  It is also worth considering a trial period before a permanent change is confirmed (although you may feel this is unnecessary if the past 18 months have already proved it works!)

At this time, it makes sense to check that a robust confidentiality clause is contained within the employee’s contract.  This needs to define what you consider to be confidential information and the steps they need to take to protect it.