The number of employees working in hybrid roles - dividing their time between the office and home - has increased significantly post-pandemic, proving beneficial for both employers and employees. This model has been shown to boost productivity and improve work-life balance, enhancing employee morale and enabling organisations to attract a more diverse workforce, including those unable to commit to full-time office attendance. However, employers must navigate the legal considerations of hybrid working, ensuring they uphold employee rights and comply with employment laws to maintain a fair and compliant work environment.
In this article, we will guide you through the legal framework and considerations for both employers and employees in hybrid work arrangements.
We will cover the following:
We will look at employee rights in hybrid work models
We will consider employer obligations in hybrid work
We will look at relevant employment law
We will discuss the best practices for compliance
We will look at hybrid work environments and legal complexities
What Is a Hybrid Work Model?
Hybrid work is a model in which work can be carried out in the office and remotely. Unlike fully remote workers, the employee will have to work some of their hours in the office and this will be decided in their employee contract.
It gives the employee flexibility in working from home on allocated days or for set hours. The hybrid model has risen in popularity since the pandemic. Also as technology has advanced, this has given companies more options for their employees.
The trend is growing towards hybrid work as employers try to offer flexibility yet have in-office work too as shown in these statistics from Forbes. They found out of 1,100 respondents, 24% were working hybrid.
Here are some of the reasons for its popularity:
Hybrid work offers flexibility for employees to work some of the work hours from outside the office. This enables them not to do the commute which saves time and money.
It offers a good work/life balance which is important to boost employee morale and productivity.
Hybrid can help operational efficiency and can help boost business.
Hybrid means time in the office to build team rapport and in-collaboration projects.
Overheads can be reduced if there is less requirement for office facilities.
Legal Obligations of Employers in Hybrid Work Models
Employment Contracts
If an employee is going to work hybrid, there is a requirement for employment contracts to reflect this. For current employees who want to work hybrid, their contract would have to be revised if this is going to be a permanent change. Here is what the employment contract should include to reflect the hybrid work model employment law:
The location needs to be agreed upon where the remote work will take place.
The contract should include the hours that will be worked remotely and in the office.
Any expectations that may include their performance requirements, equipment and communication.
Health and Safety:
Employers should ensure the health and safety of their employees in the office and at home. They should provide guidance on how to be safe and healthy at home. They need to inform employees how to report any issues with health and safety.
The Health and Safety Work Act 1974 is in place to clarify employees have a right to a safe working environment. Employers need to comply with this both in the office and at home.
Data Protection and Privacy:
Employers offering hybrid work models need to make sure that confidential data remains private for the employees. Employers should offer protected authorisation for those working from home.
The employer should also make sure they use company devices. If personal devices are used, they should implement security methods for protection.
The UK GDPR offers guidance for employers on how to protect information. They have clear guidance on how to be compliant including how to store and collect data and how to process it legally.
Equality and Discrimination
Employers are required to make sure employees are treated equally and fairly when they are working a hybrid model. They need to make sure they still are communicating regularly with their employees. They should still offer them the same work opportunities and have an open conversation if something is not working.
It’s worth explaining to employees the procedure they must follow if they do receive any unfair discrimination for working hybrid. This will then stop claims of discrimination against the company.
Employee Rights in a Hybrid Work Model
Employees have the following legal rights in a hybrid work model:
Flexible Working Requests
Employees have the right to request flexible working arrangements. Since April 2024, employees can request to make permanent changes to their contracts from the first day of their employment.
Employers will take this into account along with how long, where and when they will work. They can then make a decision fairly on hybrid working. They will have to give reasonable justification if they refuse flexible working.
If they do not, they could face employment tribunals for unfair treatment of their employees.
Health and Safety Protections
Employees have the right to safe working conditions in a hybrid model. Their employees need to make sure that the health and standards are met even when they are working remotely.
They could provide specific equipment and technology that will make sure that the employees are secure and safe while they are working hybrid.
Work-Life Balance
Employees still have the right to breaks when working hybrid. Their contract should clearly state their working hours with entitled breaks. They should still work fair hours and they have a maximum weekly working hours.
When it comes to overtime, employers could monitor this, either by getting their employees to report this fairly or by using some timekeeping software. This will make sure they are not working excessive overtime.
Challenges and Risks of Hybrid Work Models
Here are the following challenges and risks of hybrid work modes:
There is the potential for unequal treatment between remote and in-office workers. Employers are legally responsible for making sure remote workers are not subjected to any bias or discrimination.
It’s important to make sure that workers who are on a hybrid model get equal opportunities. Employers need to make sure they have access to opportunities including training and career advancement.
There is a challenge in keeping the workplace unified when employees work hybrid. Connections can be lost without workplace culture. Make sure communication between the team is in place. You can also stop any isolation by checking in regularly and arranging team-building events.
Monitoring and surveillance can also be a challenge for employers. They need to make sure that any monitoring is transparent and fair. There should be open communication about any processes in place. They need to make sure the employee’s privacy rights are respected.
Best Practices for Employers Implementing Hybrid Work Models
Here are the steps an employer should take to implement hybrid work models:
Employers should review their policies and update any workplace policies to reflect these hybrid work arrangements. Hybrid working policies should clearly state the performance management expectations for the employee. It also needs to cover any health and safety requirements.
When implementing hybrid work models, an employer needs to prioritise mental health and well-being. They should offer resources and training to their employees working a hybrid model. They need to arrange check-ins to make sure the well-being of their staff is a priority.
The employer also needs to offer practices for maintaining strong communication. Implement software that will offer communication between the remote and in-office employees.
Legal and Regulatory Considerations
Employment Law Compliance
Hybrid work models need to comply with employment laws. Employers should take steps to make sure their hybrid workers’ rights are met. Those rights are clearly in the Employment Rights Act 1996.
Employers legally have to legally provide a contract with the key terms of the employee’s hybrid work. They also have a right to ask for flexible working. If the employer does not legally abide by this act, the employee could claim unfair treatment.
Health and safety requirements by law are also in place to guide employers. They legally need to make sure this is implemented to prioritise the health and well-being of their employees.
Tax and Insurance Implications
When employers are working from home under a hybrid arrangement, there may be household costs incurred by the employee. The employer needs to decide whether to pay for additional household expenses such as internet costs.
Alternatively, they may pay an HMRC tax of up to £26 per month. However, it is up to the employer when the employee is working on a hybrid model where a certain amount of days has been agreed to work from home and the office.
Insurance policies for both the employer and employee need to also be updated to reflect the hybrid work models.
Consultation with Legal Experts
Employers should seek legal support to make sure hybrid work policies comply with employment laws. They can help guide employers so that they implement the policy effectively.
This will stop the employer from being taken to an employment tribunal if employment laws are not followed.
FAQs
What legal changes must be made to employment contracts for hybrid work?
Their employment contract needs to be revised to include the following:
Where they will work during their hours
The hours and days they will work in the office and at home
Any expenses and equipment the employee is entitled to
Any data protection and health and safety regulations they must adhere to
Any performance expectations from the role in hybrid work contracts
How can employers ensure health and safety in a hybrid work model?
They should guide the employees on what they can implement to work safely at home. They could provide health and safety training and have clear expectations for the employee.
They could offer a risk assessment or offer personal guidance. They could also offer secure equipment. They should review everything to ensure it is working effectively.
What are the data protection requirements for remote work?
They need to make sure the data is protected and compliant with UK GDPR laws. They should implement safety measures such as encryption and password protection.
Employers should also provide training for employees on protecting data.
Can employees request hybrid work as a legal right?
By law, employees have the right to request hybrid work. They should make a formal request and the employer must make a fair decision. If they do not agree, an employee can appeal and take further action if no reasonable explanation has been made.
What should employers do if employees feel isolated in a hybrid model?
They can arrange for employees to communicate regularly with other members of their team and their supervisor. They could also arrange events and meetings regularly. Also, employers should have mental health and well-being support.
Conclusion
Hybrid work models are a popular option for those who prefer a flexible way of working. It can be better for a work/life balance and boost productivity.
As we have discussed, employers are required by law to make sure this hybrid work model is fairly implemented. They need to make sure the employee’s contract is revised. They still need to make sure their employee’s well-being and safety are a priority and be transparent about their expectations.
Employers need to make sure the employee’s rights are still met so that they are not in breach of contract or face employment tribunals if an employee feels mistreated.
Businesses should seek legal advice before implementing hybrid work models. Lawhive’s HR and employment law experts can help you with flexible working. They can help you to legally and effectively implement it in your company.
Employees should also seek legal help to know their rights for hybrid work. Book a free legal assessment today.