Working from home is here to stay, we can be reasonably certain of this. Here we look at some of the some of the reasons why that will be so, in the UK at least. Then we have some thoughts as to how employers might respond.
Background
Analysis by the Financial Times shows that travel to work has not resumed to pre-pandemic levels. This tardiness may be skewed by the professional services sector in London. However, the UK is well ahead of other European countries in retaining the work from home philosophy.
This may be in part due to the structure of our towns. In the UK employees commonly reside further from their work than in Europe. Consequently, commute times are generally higher. Relatively speaking, this means working from home offers a greater advantage.
The FT suggests the UK economy also benefits from a higher proportion of computer-based jobs. Europe is more dependent on manufacturing.
A report by the group Work after Lockdown suggests nearly three quarters of employees in the UK have no desire to return to the office.
It could be a valuable gain if employees save time and energy on commuting. Employers will be likely to benefit from the reduction in stress that those employees experience.
Those who would be likely to benefit the most are those employees (and hence their employers), who face the greatest pressures on their time for family, for caring responsibilities or for career ambitions.
Abandoning the office – cut overheads with homeworking
Formalising the relationship
Most home working has been created out of necessity without attention to detail. If it is to continue either as fully from home or in a hybrid format, then employers need to decide the circumstances in which they will accept these patterns of working.
Employees may make requests formal or informal or, more likely in the context of this blog, simply resist returning to the workplace. Accepting “working from home” for one employee does not automatically give employees in the same job role the same right. However, when a variation for “flexible working” (of which home working is one form) is formally requested, there are some very specific rules about when it can be refused.
An employee’s place of employment should be specified in their contract of employment, that is their statement of terms and conditions. But may be open to interpretation as to whether the contract has been varied by, perhaps, two years of precedent. Employees might resist returning to the workplace by arguing that, by default, their contractual place of work is their home!
In the event of such resistance, the matter may become complex. So, in that case, it would be wise to seek advice.
But if homeworking or hybrid working is to continue then it is time to formalise contracts of employment. This means agreeing the fundamentals of the relationship. You should have a hybrid or homeworking policy that guides you and your employees and ensures consistency.
Hybrid working – implications for employers
Other considerations
- Discrimination. It is open to employees to challenge a decision that they might feel has been influenced by a protected characteristic – by gender for example.
- Fair treatment. Part-time roles are protected from unfavourable treatment. But it would be wise to avoid unfavourable treatment for hybrid or others working from home. Ensuring fair treatment may include support in the work tasks themselves, provision of training, and access to opportunities for promotion.
- The employee’s working environment, including your right of access. You may need to consider providing a suitable workstation.
- Costs and expenses including those that may be overlooked such as printer ink.
- Mortgage, tax and insurance considerations.
- Health and safety in the home.
- Communication and performance management. This could include details such as availability on the phone, managing work time, work meetings, work objectives, etc.
- Security of your data passed over the internet or visible to others in the employee’s home.
Homeworking makes your company data insecure
Employer Solutions
We can provide generic policies to cover working from home, IT security, etc. Alternatively, we can work with you to ensure you have specific contracts and policy documents to meet your exact needs. We also advise on contracts of employment.
Malcolm Martin FCIPD
Author Human Resource Practice
Blogs are for general guidance and are not an authoritative statement of the law.