The benefits of hybrid working for many businesses are well-known, from increased staff morale to lower operating costs.
However, employers should be cautious when implementing a permanent hybrid working approach for new and existing employees to ensure they are complying with employment laws.
Avoid discrimination: if you are allowing new employees to choose the amount of time they spend working from home and the office, it is vital to ensure you do not treat an employee who chooses to work more days from home less favourably than one who spends more time in the office, particularly as these employees may be those with disabilities or caring responsibilities.
You should also be mindful of offering flexible working to new recruits but failing to extend that to current employees.
It is important to document the implementation of flexible working into your employment contracts and staff handbooks along with information about how an employee should go about requesting flexible working or a change in their flexible working arrangements.
If you had a temporary flexible working policy in place during the pandemic, you may want to amend this to a long-term policy.
Consider health and safety: health and safety risk assessments will need to be completed for new employees working from home for some or all of the time. You may also want to revisit these regularly to ensure the employee’s set up at home will not lead to any claims for injuries caused by poor equipment.
It is also imperative that your organisation takes appropriate measures to protect confidential information and personal data to avoid employee grievances, customer complaints and fines by the ISO.
Employers need to be clear to employees what the arrangements are for the management and supervision of work and hybrid workers. Reviewing and updating employment contracts and staff handbooks is crucial.
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