Recently, Manchester United made headlines with their push to get all staff back into the office, reigniting the debate over home and hybrid working. As SMEs consider their own approaches to returning to the office, at enlightenHR, we look at several important considerations to keep in mind.
Understanding the Drivers for Returning to the Office
The first step is to clearly understand the reasons behind the decision to bring staff back into the office.
While it might be believed that office work improves culture, team spirit, and productivity, it’s essential to consider the wider implications.
Mandating a return to the office could impact recruitment, employee wellbeing, and retention. Discussions should explore other flexible working options, such as flexi-time, term-time working, compressed hours, and job sharing, to support work-life balance and employee wellbeing.
Finding the Right Balance
Once the reasons are clear, the next step is to determine the right approach and the extent of consultation required with staff. If employees’ contracts specify the office as their place of work and homeworking was communicated as temporary, it is reasonable to request a return to the office. However, if home or hybrid working has become a well-established practice, it may be considered an implied term of the employment contract through custom and practice.
Consultation with Staff
Where changes to contracts are necessary, consultation with employees is a legal requirement. Any change is much more likely to be accepted, and to work, if employees are engaged with the process from the outset and feel that they have been involved in the final decision. Considering flexibility and personal, as well as team/company, circumstances will aid the process.
A lack of consultation can undermine trust and engagement, leading to key employees leaving the business. If agreement cannot be reached, organisations might consider dismissal and re-engagement as a last resort, but this carries significant legal, employment-relations, and reputational risks. From 18 July 2024, a new statutory code of practice will govern this process, requiring employers to contact ACAS before raising the prospect with employees.
Legal Considerations
Employers must be aware of potential legal risks, such as indirect discrimination for example against women or people with disabilities, who may be disproportionately affected by a mandatory return to the office. Employers have a duty to make reasonable adjustments for people with disabilities, which might include continuing to work from home. Additionally, legal protections established post-COVID-19 for workers who believe the workplace poses a serious threat to their safety remain in place.
Right to Request Flexible Working
Employees have the right to request flexible working, including home or hybrid working. Employers must handle these requests reasonably, considering the advantages and disadvantages and discussing possible alternatives. The starting point should be “how could we make this work” rather than “how can we justify rejecting the request”. If a request is rejected, it must be for specific business reasons, such as increased costs or negative impacts on work quality or performance. Employers should also consider the negative impact on employee wellbeing and retention if requests are rejected without a valid reason.
The Future of Hybrid and Home Working
While some employers want a full return to the office, many employees value and expect greater availability of hybrid and flexible working options. Data shows a significant shift away from the office as the main place of work for many people since the pandemic. An ageing workforce and increasing numbers of employees with caring responsibilities or disabilities will drive demand for flexible working. The savings the employee can make on travel time (and cost) can be significant and therefore help them especially if they have caring responsibilities.
For SMEs, it is crucial to consult with staff and find a balance that allows for more office presence while ensuring sufficient flexibility. This approach not only supports employee wellbeing and retention but also helps attract new talent in a competitive job market.
If you need support navigating these changes, enlightenHR is here to help. Get in touch to discuss how we can assist your business in managing the transition effectively.
Holly Mapstone is an HR expert and specialises in helping those of you in the SME sector with all of your HR needs.
Consultancy allows Holly to be agile and to adapt her style and support to suit the needs of her clients. Building strong working relationships allows Holly to deliver improvements, while also aligning people strategy to business outcomes and promoting resilient and positive cultures.
Need Advice?
If you need a hand with any of this, or anything else when it comes to the people and practices in your business, we’d love to help. We are always happy to debate the pros/cons, dos/don’ts with you so please do talk to us if we can help in any way, we are here to support you. Just give us a call and arrange a free consultation. You can talk to Alison directly on 07967 221595 or email info@enlightenhr.com
