Employment Rights Bill: what we know and what we don’t
Employers realise the importance of managing remote working correctly
Remote and flexible working is one of the main topics that employers ask about when they contact LCF Works, our expert employment law and HR advice package.
LCF Works assists retained clients of all sizes with employment law and HR issues whenever they arise, providing unlimited telephone and written advice, as well as contracts of employment, policies, procedures, and other documentation.
According to the team, a key question companies have is how to reduce the time employees spend working from home without causing conflict with staff, who may feel resentful that their current working arrangements are being eroded?
This comes as 2023’s Global Survey of Working Arrangements (G-SWA), which studies the behaviours and preferences of tens of thousands of employees in 34 countries, shows that the UK is ahead of the rest of Europe when it comes to remote working.
The research revealed the average British employee with a graduate education spends 1.8 days a week working from home, equal to those in the US. Germany is the second European country in the list, on 1.5 days, and the Netherlands, Italy, Spain and Sweden are all joint third with 1.2 days, which is the European average.
Employment law advisor Brendan Bah said: “The pandemic massively accelerated the trend towards remote and hybrid working and there’s no doubt there are benefits including employee wellbeing, work satisfaction and an increased work/life balance, as well as many companies discovering new ways to collaborate through technology.
“However, it’s clear there are also some disadvantages, including teamwork, employee engagement and a perceived reduction in productivity, which can often make working from home a bone of contention between some employers and employees.
“As a result, it’s an issue that frequently arises. The number of tribunals that relate to remote working, or the removal of remote working, is increasing year on year, and this trend is likely to continue as more and more companies start advocating a full five-day return to the workplace, with others enforcing at least three or four days in the office.
“In some cases, this is being driven by the publicity surrounding national and international companies that have scrapped remote working altogether in favour of their staff returning to the office full-time.”
Brendan added: “Following recent changes to employment legislation under the Flexible Working (Amendment) Regulations 2023, since April 2024 employees have had the right to request flexible working from the moment they start a new job. Crucially though, not every request for flexible working has to be approved, and there are still legitimate reasons they can be rejected. However, the changes do require employers to consult with employees before any request is rejected.
“The key issue in all of this is that employers must navigate issues around flexible working very carefully. It’s vitally important to have detailed and up to date flexible working policies and procedures in place, as well as making sure that managers are equipped to answer questions relating to these topics. These are areas where an experienced and specialist HR and legal team can add significant value.”
Finally, Brendan said: “As part of the new government’s election manifesto to ‘Deliver a New Deal for Working People,’ the Labour party promised to make flexible working the default from day one for all workers, unless not reasonably feasible. A new Employment Rights Bill setting this out is due to be introduced by the 12th October 2024, so it will be interesting to see what further changes are implemented.”