Earlier this month, Amazon became the latest in a long list of large organisations to end their hybrid working policy, says Kate Palmer
In a memo to staff, Andy Jassey, CEO at Amazon, laid out the new requirement for employees to return to working from the office, five days a week, in the way that they did before the Covid-19 pandemic. He wrote that this move would help staff to be “better set up to invent, collaborate, and be connected enough to each other.”
Whilst the days where every business must have an office for employees to work out of are somewhat behind us, due to the rise in remote working post-pandemic, many employers would argue that being in the office fosters productivity, collaboration and helps employees have a better work/life balance by having clearly defined space and time for work and life. However, many employees have now set up their lives in a way which makes working in the office difficult and the requirement to return may cause some to seek out a new role elsewhere which can accommodate them their preference for remote working.
It’s a divisive topic and one which most people have an opinion on. It can be difficult for employers to navigate and must be handled carefully. So, should your business follow Amazon’s lead and recall employees back to the office full-time?
Is office working better for business?
Those firmly in favour of office working often cite reasons such as concern about productivity, increased social interaction, and promoting teamwork and communication between colleagues. Naturally, there are some industries where remote working just isn’t feasible, such as those in client-facing roles or where specialist machinery is needed. Some organisations may also require employees to work from the office where collaboration is a large part of their role, to facilitate the sharing of ideas and aid communication.
When employees are physically in the same place as each other, some may also consider there to be greater visibility with fewer distractions than there might be at home, which can undoubtedly have a positive impact on productivity. It’s worth noting though, that the office could equally cause distractions. For example, some employees may find it harder to concentrate when surrounded by talkative colleagues or the office radio.
However, whilst companies need to consider what style of working works best for the business, it’s also important to consider how your employees want to work. You will need to consider the wider implications of bringing employees back to the office on staff retention and recruitment. It’s likely that employees who prefer to work from home will begin to look for opportunities elsewhere if the business decides to move away from home working.
As well as offering more flexibility for employees, remote working offers businesses the benefit of reduced overheads, such as rent, heating and electricity costs and everything else that comes with running an office.
Hybrid working is an obvious middle ground and many companies have found that this provides the right balance for them, but this way of working is also not without its own considerations. How many days will employees be at home and in the office? Will employees be allowed to choose which days they come into the office? And, what happens if they don’t want to come in on the same days because of personal commitments? These are all questions which you will need to address and agree on ahead of implementing a hybrid model.
How should an employer approach mandating a return to the office?
If you decide that returning to the office is the right move for your organisation, then the first port of call is to consider employee terms and conditions of employment. Consultation will be needed to enact any changes to the contracted terms and conditions, such as a change in working location, and there could be a risk of unfair dismissal and discrimination claims if such a change takes place without agreement.
There are also steps you can take to make the transition easier for employees. For example, commuting is one of the reasons many prefer to work from home, as they save both time and money by not having to travel info the office each day. If you’re able to, offering employees discounted train or other travel passes, cycle to work schemes or discounted parking in local car parks may alleviate some of the financial impact. Amending start and finish times if an employee wishes and where it can be accommodated by the business, might also be an option if it is more cost effective to travel at certain times of the day.
Ultimately, there isn’t a one size fits all approach so companies will need to consider the pros and cons for each option to determine whether returning to the office will benefit them, working for both the business and its employees. It is important to remember that wherever an employee works from, whether that be their home, the office, or a mixture of the two, employers will have the same responsibilities and duty of care.
Under the Equality Act 2010 it is an employer’s duty to make reasonable adjustments to ensure that employees are not put at a detriment because of a protected characteristic, such as disability or sex. If home working would be a reasonable adjustment, then you must agree to it. This will help to ensure your workplace is inclusive and avoid a discrimination claim.
All employees also have the right to make two flexible working requests a year, which may include requests to work from home. You must accept these requests if one of the permissible reasons for refusal does not apply. Make sure to explore all circumstances thoroughly during the meetings you hold in response to these requests and provide clear explanations to employees where requests are refused.
At the end of the day, it is an employer’s right to decide what working pattern and location is right for their business, while ensuring their workplace is inclusive and accessible for all. Likewise, it is an employee’s prerogative to decide what working pattern is right for them. Some businesses may see an impact on retention rates as a result of a return to office policy, but this is likely to be a temporary blip. While many job seekers are actively looking for roles that offer hybrid or flexible working, others prefer to work in person.
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By Kate Palmer, Employment Services Director at Peninsula.
Kate Palmer is HR Advice and Consultancy Director at global employment law consultancy, Peninsula.
Kate joined in 2009 from a worldwide facility services company where she was Senior HR Manager. Her exploits included providing HR & employment law support to over 30 UK hospitals and dealing with high profile NHS union cases—expertise she now brings to Peninsula clients.
Today, Kate is involved in all aspects of HR and employment law advice.
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