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Employer advice on hybrid working

As the modern workplace continues to evolve, hybrid working is quickly becoming an expectation in certain industries. This flexible approach to working can enhance productivity, employee satisfaction, and work-life balance. However, successfully implementing hybrid working requires thoughtful planning and strategic execution to achieve results for the employees and the business. Here’s our comprehensive guide for employers on how to navigate the hybrid working model effectively.

What is hybrid working

The terms “homeworker” and “hybrid worker” are not defined in the Employment Rights Act 1996 (ERA 1996).

Hybrid working is an arrangement where an employee split their working time between the workplace and remote locations. The most common example of the latter is working from home, but employees are free to work from any location where they have the necessary resources to complete the work expected of them. For instance, an employee might spend 3 days a week working from the office and the other two working from home or their local library.

This model is designed to offer employees flexibility and allow employers to cater to a wide range of needs with the workforce. Workers are given the freedom to decide where they work and how, with the hope being that they become more productive while getting greater satisfaction from the work. However, the hybrid working model requires that employers put the right framework in place for their business.

Read our analysis of the ‘Benefits of flexible working for employers’.

Key employer considerations on hybrid working

Employers will need to address several practicalities when entering into homeworking or hybrid working arrangements with their employees. Some of the provisions of the employment contract may need to be tailored to fit the specific needs of homeworking or hybrid working.

Employers are required to provide employees and workers with a “written statement of particulars of employment” which must include key terms such as those relating to hours ofwork and place of work (section 1(1). This is often referred to as a “section 1 statement”.
Where the employee or worker is required or permitted towork at various places, the particulars must include an indication of that and the address of the employer (section 1(4)(h), ERA 1996).
Where changes are made to any of the particulars covered by a section 1 statement, the employer must give the employee or worker a written statement containing particulars of the change, known as a “section 4 statement” (section 4(1) ERA 1996). A change from workplace-basedworking to homeworking or hybrid working is likely to trigger this statutory requirement

Establishing clear HR policies and procedures is crucial for successful hybrid working. Employers must clearly set out the expectations for remote and in-office work. Our HR advice for employers includes:

Office Days: determine if there are mandatory in-office days or if it’s flexible. If the latter, create a system to log who is working from home on particular days each week.
Communication Protocols: outline the preferred communication channels and response times for employees.
Performance Metrics: set clear performance goals and how they will be measured.

Robust software is important to allow your employees to complete their work to the same standard when away from the office. This means employers should make sure they have access to:

Reliable Hardware: provide laptops, monitors, and other necessary equipment.
Collaboration Tools: tools like Slack, Microsoft Teams, or Zoom enable seamless communication.
Project Management Software: utilize platforms like Asana, Trello, or Monday.com to track tasks and projects.
Secure Networks: ensure secure access to company systems with VPNs and cybersecurity measures.

Trust is the cornerstone of any successful hybrid working arrangement. It’s important to encourage a culture where employees feel trusted to manage their time and tasks. This involves:

Avoid Micromanagement: focus on outcomes rather than monitoring every activity.
Encourage Autonomy: allow employees to take ownership of their work and make decisions.
Provide Support: be available to offer guidance and support when needed, and make it clear who employees can go to.

Maintaining effective communication is vital in a hybrid model. Employers should consider strategies such as:

Regular Check-ins: schedule regular team meetings and one-on-ones to stay connected.
Open Channels: promote open communication through chat platforms and virtual forums rather than in documents and software.
Inclusive Meetings: ensure all meetings are inclusive, with options for remote participation.

Hybrid working will look different for every business, which is why it’s important to continuously monitor your model and make adjustments over time. Gathering regular employee feedback regularly will help inform these changes. If you need employer legal support when establishing or maintaining a hybrid working policy, it’s recommended you source employment law services.

Bespoke legal support for UK employers

Employment Law Services (ELS) Ltd is your comprehensive legal services firm specialising in matters of employment law for both employers and employees. Our team of experts are well-versed in many aspects for employers, such as employment contracts, staff absence management, settlement agreements, HR policies, and more. Get in touch if you have any questions about what we can do for your company.