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By LegalEdge News

Is WFH working? What’s best for your business? 


The fierce debate about the pros and cons of working from home (WFH) continues to divide opinion. Post Covid, a hybrid working approach has been popular as “the best of both worlds”, (see our previous blog: Home v Office) but the question of how effective WFH really is, still troubles many leaders. 

The debate rages on…

Some companies, particularly in the tech and finance sectors have already re-imposed full-time in-office working while others are increasing the days they expect staff to attend the office: 

  • Amazon has ordered staff back to the office 5-days a week from January next year, ending its current policy of allowing staff to work remotely two days a week. 
  • recent survey of global CEOs by KMPG found that 83% believed there would be a “full return to in-office working in the next three years”.

In contrast it was reported that the new UK government is not enforcing the 3-day office week for civil servants, with Business Minister Jonathan Reynolds saying in an interview that working from home improved productivity.  In addition, the Employment Rights Bill, which was published on 11 October, 2024, extends employers’ legal obligations when considering flexible working requests. Employers are now required to “act reasonably” when applying the statutory reasons for refusing a flexible working request. Arguably, this does not shift the needle much, but it does indicate the ongoing support the government gives to an employee’s right to work flexibly.

What should your business do?

With the direction of travel uncertain, it can be hard to know what your business should be doing when it comes to the thorny issue of WFH, especially if you want to change the post Covid, hybrid working status quo. 

Whether you are seeking to enforce an existing hybrid working policy, bring people back into the office more regularly, or re-impose full-time office attendance, there is a risk of damage to company culture, talent attraction and retention, or even legal claims if not handled carefully.

LegalEdge’s Fractional Head of People Bridget Green shares some dos and don’t’s when it comes to managing WFH.

No one size fits all

All businesses are different – one size does not fit all, so whatever your solution, be sure it works for your business. 

  • Do take time to consider if and why a change is really necessary. Are there genuine concerns regarding productivity or poor performance and if so, how can you demonstrate this to employees? 
  • Do consider whether a change in WFH policies is the most effective solution e.g. would managerial training / enhanced performance processes better address concerns?
  • Don’t make assumptions about what staff want/don’t want -ask them! You may be surprised by what they say.
  • Do conduct workforce surveys/listening groups/consultations to understand the impact of current policies on staff before making any changes.
  • Do understand who your workforce is in terms of age/gender/race/disability etc. this will help you meet their needs (make sure you are collecting the right data for this, in accordance with data protection regulations).
  • Do consider if the picture is sustainable or whether you will need to change it in the future? 
  • Do bear in mind discrimination, is your policy/proposed changes to it risking a legal claim by disadvantaging a protected group?
  • Do remember your health and safety obligations (both physical and mental health) – do you meet those obligations for all your workers wherever they are situated? 
  • Do consider the pros and cons of any change for all groups of workers from a mental health angle.

Too much stick, not enough carrot?

There’s a general assumption that individuals want to work from home while employers want them back in the office, but this may be too simplistic – the situation is likely to be more nuanced in most organisations. For some employers, who need cover around the clock, having staff working from home at odd hours makes perfect sense from a safety perspective. But on the flip side, some jobs will just always be impractical or impossible to do from home.  

Even where there is resistance to change, a carrot can be more effective than the stick! 

  • Do explain why you think change is necessary. Back it up with data.
  • Do consider which roles need in-office collaboration and those where it may not be so important; treating everyone the same and forcing unnecessary working patterns can build resentment.
  • Do show that you can be flexible and find creative solutions to assist those who may struggle more than others to comply with new requirements. 
  • Do make sure managers lead by example and are visible to those coming into the office.
  • Do encourage people into the office by providing in-person development/ training opportunities. 
  • Particularly for more junior members of the team, do have processes in place to make sure they are getting adequate opportunities for both training/mentoring and social interaction – this may very well be a combination of face-to-face and remote interaction.
  • Do enhance their working experience with social/soft benefits and make sure the office environment is as pleasant as it can be.  
  • Don’t rely entirely on technology to police people’s time, human oversight will make them feel more valued.
  • Don’t keep trying to “bang heads together”, show that you trust staff to do their work.
  • Do invest in training managers so they can manage issues round WFH sympathetically and effectively. 

How can we help? 

We can help with drafting, implementing and enforcing your hybrid/WFH/office working policy and advise on dealing with difficult cases and conflict around WFH. We can also help with your legal rights and obligations when it comes to getting staff back to the office and training managers to deal with HR issues. See our Fractional Head of People Service for more information on how we can support your business. 

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