Hybrid working: a permanent change?

As we continue to see the continued use by firms of hybrid working models, it’s good to take a moment and consider whether this model, alongside other forms of flexible working, is bringing benefits to the workplace, or whether it is becoming a hindrance to employers and employees alike.

Before the pandemic, remote and hybrid working had been increasing gradually. Between January and December 2019, around 12% of the UK workforce worked at least one day a week from home. As expected, this grew considerably, and at the peak of the pandemic almost half of workers worked at least one day a week from home. Since restrictions eased, around 22% of the UK workforce have worked at least one day a week from home since September last year.

Ultimately, comparison of data is quite difficult at this stage, due to the fact that it is all either pre-, during or post-pandemic, so it will be interesting to see how these numbers shift as we move forward with this way of working.

Plus points

People often speak about the personal benefits of hybrid working, and there are some data coming out highlighting the positives of homeworking.

Offering hybrid working has allowed employers to widen the labour pool, tapping into talent that previously hadn’t been available to them.

This has allowed individuals to apply for roles where they might not have done so previously. An interesting recent development has come from Zurich UK, who introduced a policy which requires the company to advertise every vacancy with the option of applying on a part time, flexible (including hybrid working) or job share basis. The policy has seen a 16% increase in the number of women applying for jobs, and in the 12 months to January 2023, Zurich hired 45% more women into senior roles. While not solely looking at hybrid working, policies such as this are going to bring greater diversity to the workforce.

Hybrid working has allowed employees going through various health conditions such as fertility treatment or the menopause, or those struggling with mental health difficulties, to carry on working but in an environment that is more comfortable for them at potentially challenging times. Previously, people might have had to phone in sick, or take unpaid leave if they felt they couldn’t face coming into an office, so this change to work has really benefited these groups.

The recent report from The Female Lead, The Hidden Risks of Hybrid Working, published in November 2022, provided a really interesting insight into the highs and lows of hybrid working. Among other things, hybrid workers feel trusted and respected and are able to adjust working style to suit their personality and environment and improve productivity.

Some issues

However, we are increasingly hearing about the difficulties some employers and employees are facing with hybrid working. KPMG’s recent CEO Outlook survey found that more than three in five (62%) of UK CEOs predict that, over the next three years, employees whose roles were traditionally office-based will be back in the workplace full time. 

There is also a changing attitude to hybrid and remote workers, with the number of fully remote jobs advertised in the UK falling for the eighth month in a row in December 2022, reflecting employers’ determination for staff to be in the office for at least some of the week. Tony Danker, the (now former) director general of the Confederation of British Industry (CBI), said on the BBC’s Political Thinking podcast that “most bosses secretly want everyone to come back to the office”. While I wonder whether this is more hopeful thinking than anything, it’s an interesting position to be aired and certainly aligns with the findings within the KPMG CEO Outlook survey. 

Another problem which has been highlighted is that of proximity bias, which is when those who are physically closer to company leaders enjoy greater influence and advancement opportunities relative to those who are hybrid or fully remote. Research has shown that employers often give preferential treatment to those that they see and have contact with most regularly.

We can all remember the fun days of our traineeships and the importance of being around our peers as well as more experienced solicitors. Without effective mentorship programmes and plans, hybrid working could have a negative effect on those early in their career.

As there is increased movement in the job market, we’re also seeing some legal issues arise at the end of employment where an employee has worked in a hybrid way. Issues such as ensuring restrictive covenants are up to date for a changed working pattern (if contracts were drafted prior to the pandemic and a hybrid working model), as well as employers protecting confidential information and business contacts, are matters that need to be considered. Employers may wish to utilise garden leave at the point at which an employee submits their notice (checking that they have the contractual right to do so within the employee’s contract first), and remove access to systems and collect hard copy documents shortly after garden leave commences, to minimise risks of employees copying confidential documents. As companies potentially have less oversight of their employees while they work from home, they might want a signed statement that all confidential information has been deleted from any personal electronic systems.

Looking ahead

Going forward, hybrid working is here to stay. Upcoming changes as part of the Employment Relations (Flexible Working) Bill will see the right to request flexible working, which would include hybrid working, being a day 1 employment right, with people being able to make two requests a year instead of the current one request. This rightly cements flexible working in our overall working practices. 

The KPMG survey found that “a hybrid approach benefits recruitment, retention and engagement by giving employees the flexibility they want and that they grew accustomed to during the pandemic. And it doesn’t negate having time together in the office for collaboration, learning and teambuilding, and for employees’ mental health”. I would say that this is a key starting point to take, reminding employers to consider the whole suite of benefits that hybrid working brings when contemplating making any changes to traditional models. 

We are seeing certain gaps in the management of hybrid and remote workers, given that a lot of managers have never been trained on how to manage staff remotely, and unless this is addressed it will cause potential issues in the future. We will also continue to see data coming through around the benefits and challenges of hybrid working, which will no doubt help to shape employment practices going forward.