There is no return to the ‘old normal’

Employees have seen the benefits of working from home and employers will now be more receptive, says Gillian Moore

or many employers and employees, the pandemic has provided the opportunity for an immersive trial run of home working. As we tentatively look towards a working life after Covid, many employers are conducting staff surveys and consultations to gather feedback on future working arrangements.

Results suggest employees are keen to hang onto the benefits of home working, whether greater flexibility in working hours or avoiding the commute, and will look to secure permanent homeworking or hybrid working arrangements. Employers have seen benefits too, and many will now be considering the practical implications of a shift to greater homeworking post-covid.

Anyone employed for at least 26 weeks has the legal right to request flexible working. This often involves requesting a change to working hours, but also covers requests to work from home. Many employers expect a flood of flexible working requests as soon as any requirement to work from home imposed by the government or employer is lifted.

One challenge for employers handling flexible working requests precovid was competing requests. The statutory flexible working regime recognises valid business reasons why flexible working arrangements cannot always be accommodated, and employers can lawfully refuse a request, if they rely on one or more of eight business reasons prescribed in law.

Employers cannot sidestep the statutory flexible working regime if an employee wishes to make a formal request, but could get ahead of the anticipated deluge of requests by taking a proactive approach. This may include communicating with employees about plans for future remote working, and developing a home working strategy.

The fact that homeworking arose as an emergency response to a global crisis has, to some extent, lowered expectations of what is required of an employer. However, employers need to consider permanent homeworking arrangements more carefully.

Even if employees choose to work from home, their employer retains responsibility for their health and safety. As a minimum, employers should carry out risk assessments to review the suitability of the workstation and equipment used. most employers have been alive to the risk of stress, isolation and the impact on mental health during the pandemic and periods of lock down exacerbated by forced home working.obligations to mitigate these risks and provide appropriate support remain where arrangements are permanent and implemented at the request of employees. if home working is to continue in some form long-term, then the need for employers to take reasonable steps to ensure employees can safely work from home becomes increasingly important.

A key practical consideration for employers considering a move to an entirely remote or hybrid working arrangement will be how to maintain positive interactions within employee teams. In the long term, employers should take particular care to ensure homeworking arrangements do not compound equality issues. While Covid has forced even the most sceptical to try homeworking, it is likely to remain an option of particular benefit to employees with caring responsibilities or who require reasonable adjustments due to a physical or mental disability. If office presenteeism is rewarded directly or indirectly (whether deliberately or unconsciously) through work allocation, promotionsor bonus awards, to the detriment of home workers, this could give rise to valid discrimination complaints and a more general sense of detachment from the workplace.

Commentatorssaythepandemichas pushed many businesses forward to a positionitwouldotherwisehavetaken 10 years or more to achieve, in terms of acceptance of home working. While somedegreeofrollbackisinevitable,it isunlikelywewillseemanybusinesses capableoffacilitatingremoteworking foralmostayearnowreturnentirelyto the ‘old normal’.

Gillian Moore is an Associate, Shepherd and Wedderburn 0 Many employers expect a flood of flexible working requests as soon as any requirement to work from home is lifted.