As major employers demand staff return to the office more regularly, smaller organisations may be questioning whether home or hybrid working is right for them. Legal expert Claudia Gerrard outlines 10 things to consider.
Slowly, but surely, the world of work is returning to a post-pandemic ‘new normal’. and businesses are increasing pressure on staff to return to traditional working arrangements and a regular office presence.
Amazon, Zoom and Meta were just three of the big tech businesses to break early – mandating a minimum of three days a week in the office – and many more corporates are starting to follow. New research from Hays has shown that the number of employees working exclusively in an office has now overtaken those working in a hybrid way – a situation many would not have imagined a couple of years ago.
Back to the office
Office attendance overtakes hybrid working
Behind the shift are very valid reasons: communication, collaboration and innovation are key to successful organisational growth, and in the office, senior leaders feel they can nurture and develop talent more effectively. But change comes at a cost.
Recent analysis shows that tribunals relating to remote working increased by 50% last year as employees struggled to balance commuting to work with adjusted (and now embedded) family arrangements, a rise in the cost of living and in some cases, relocation rendering regular commuting nigh-on impossible.
Should SMEs follow the herd and mandate a return to the workplace? Or does this present an opportunity to attract and retain talent, offering a credible alternative for employees reluctant to lose their current work-life balance?
The law clearly states that an employer must allow staff to work flexibly in certain circumstances. Over time, this has extended to cover fully remote working, with employees off-site – often at home or in premises other than the employer’s office – or hybrid working, where employees combine office and remote working.
It is crucial that SMEs get their approach right as they could find themselves in legal hot water if any shift to full-time office work is not managed appropriately. Here are our top 10 tips:
- Ensure requests to work flexibly or from home are managed fairly and considered within a reasonable timeframe. From spring 2024, employees will have the right to request flexible working.
- Establish a fair and consistent way of addressing remote working requests. Prepare policies and procedures adapted to the needs of the business and the practical effects it will have.
- Bear in mind that each employee is an individual and may be subject to different personal circumstances. Operating a rigid policy that applies to all employees indiscriminately could in itself amount to a form of discrimination.
- There may be additional costs to flexible working, so clarify what equipment the employee will need to be able to work remotely and then whether the business will provide and insure that equipment.
- If an employee is home-based, determine if the business will contribute towards the employee’s home-running expenses. A recent tribunal case awarded a home worker a sum for a share of their utility bills, including gas, broadband and landline costs covering a two-year period.
- Make sure you confirm hours of working and set up supervisory and reporting processes, particularly around holidays and notification of absence or sickness, as well as appraisals. The impact of an employee’s absence may have a greater effect on an SME than a larger organisation.
- Establish guidelines around the security of equipment and data, especially if family or other third parties can access work laptops or paperwork. Passwords and a shredder can help maintain security, as well as a data privacy impact assessment if an employee accesses personal data remotely.
- Health and safety legislation still applies to remote working, so a business must provide a safe system of working for remote employees. This could include assessing remote workstations, display screen equipment and eyesight tests, as well as managing any mental health issues associated with lone working.
- In a small team, consider arranging for remote workers to attend periodic onsite meetings to increase the visibility of remote workers, maintain the company culture and to foster team working.
- A trial period may be useful to ascertain if the remote working arrangement will work for the organisation. If the trial is unsuccessful, you might then be justified in reverting to office-based work.
Ultimately, as a small business and bearing in mind risks and costs, you may need to accept that remote working doesn’t work for your business. However, when done right it can set your organisation apart from other employers trying to mandate full-time office attendance.
Sign up to our weekly round-up of HR news and guidance
Receive the Personnel Today Direct e-newsletter every Wednesday
HR business partner opportunities on Personnel Today
Browse more HR business partner jobs
