At the beginning of the pandemic (almost four years ago now), workplaces across the nation had to vacate office premises and work from home until told otherwise. This bizarre new way of working on mass completely shocked both employers and employees, forcing a quick and sudden adaptation of operation and equipment. Suddenly PCs became laptops, meetings turned virtual and team catch ups took the form of Zoom quizzes. Looking at the way in which workplaces operate now, we have to credit (or blame) our COVID working practices for the flexibility that employees and workplaces have now and often expect. With a large majority of employees in the UK now able to work from home for at least half the week, the hybrid working model seems to have been a welcomed adjustment from the employee perspective!
Employees on the whole seem to be happy with the opportunities that working from home provides. It is commonly recited that working from home allows employees to concentrate better on set tasks and provides flexibility in terms of e.g. childcare arrangements for parents. Furthermore, working from home can be seen as an incentive for employers to give up large office spaces, move to smaller office spaces and disperse the difference in rent payments to other areas within their business.
However, recent media coverage has made it clear that a lot of companies are looking to have employees return to the office more often. Recently, Amazon, Google, Meta and banks (including Citigroup, Lloyds and more recently Deutsche) have started to call an end to the more flexible working patterns that followed the pandemic. Senior bosses from some of these firms have stated that having teams together “increases creativity and collaboration, as well as fostering a corporate culture”.[1]
Though, Jon Holt, the chief executive of KPMG in the UK, said there was not a “one-size fits all approach” to back-to-office mandates, and that any such move could “create tensions between leaders and employers”.[2] We are starting to see that anticipated tension unfold between employers and employees on this topic. For example, Nationwide’s return-to-office mandate ultimately backfired with a successful £350,000 tribunal claim when Jane Follows, a senior lending manager, claimed that being forced to work in an office was discrimination.[3] Although this case was brought pre-pandemic, we may see similar cases arise and landmark judgments being made in relation the emerging trend of employers trying to encourage employees back into the office on a more permanent basis post-pandemic.
Working from home may also have a greater effect on the economy than one might think. Transport for London confirmed that approximately 35,000 individuals were ‘tapping out’ at Bank underground station on an average Friday in 2023 – this is thought to be around a 50% reduction in comparison to January 2020). Additionally, approximately 100,000 fewer people were recorded to be arriving each day at 15 central London tube stations.[4] With less people arriving into the hotspots for work each day, many shops, restaurants and cafes are often consequently reporting decreased revenues. If you happen to walk by your former favourite lunch spot and wonder why they are closed, this could be the reason!
After reading the above, you may be left wondering how to navigate this new flexible world of working. Here are some tips to help you stay ‘ahead of the curve’ so to speak:
- Do you already adopt or wish to adopt hybrid working in your workplace? Have a policy in place that clearly outlines the requirements of hybrid working (including how often employees should spend in the office, who they should speak to if they wish to amend these arrangements and on what grounds you can remove the arrangement);
- Do any of your employees wish to adopt a permanent homeworking arrangement? Encourage them to your flexible working policy so that they can formally submit an application for you to consider (as long as they have sufficient service to do so);
- Is there any additional information you should be aware of in relation to your employees? For example, if an employee is hybrid working due to personal health reasons it would be prudent to consider this and whether there are any additional means of support that you can provide to assist them in carrying out their job role (e.g. by way of reasonable adjustments, regular check-ins etc.).
It is noteworthy that from the 6th April 2024, employees will be able to submit two request flexible working requests within any 12-month period from day one of employment.[5] Employers have to then confirm the outcome of any said requests within two months of receiving the request (as opposed to having three months to do so). This new rule may be seen as a microcosm of the ‘new workforce’ and so it will be interesting to see how the emerging trends of employees returning to offices on a permanent basis unfolds and whether there is a subsequent increase in disputes.
We understand that employment matters in the workplace can be complex. Our experienced Employment Law specialists are available to listen to your concerns and offer tailored solutions that can make a real difference. They can provide personalised advice and support on how to address and manage the issue. We are committed to working closely with you to understand your unique situation and offer tailored solutions. We invite you to reach out to us today on 0141 221 1919 We are here to help you every step of the way.
Our team of Employment Law specialists is committed to keeping you informed about the latest legislative changes in Employment Law that take effect on 6th April. We want to draw your attention to these changes as they have implications for both home and office workers. In the upcoming blog posts, we will explore these changes in detail.
[1] Two-thirds of CEOs think staff will return to office five days a week, survey finds | Work & careers | The Guardian
[2] Two-thirds of CEOs think staff will return to office five days a week, survey finds | Work & careers | The Guardian
[3] Nationwide manager wins £350k payout after building society cut staff working from home (telegraph.co.uk)
[4] ‘Never again’: is Britain finally ready to return to the office? | Working from home | The Guardian
[5] Flexible working: Overview - GOV.UK (www.gov.uk)
