In the wake of COVID-19, remote working reshaped workplaces globally. This shift, while beneficial, poses significant risks if not managed correctly. Employers must navigate the complexities of non-contractual vs. implied terms and the potential for constructive dismissal claims. Additionally, clear, discretionary policies are essential to avoid unintended permanent work-from-home arrangements. Employers should prepare for flexible work requests and accommodations.
Since the outbreak of the Covid-19 pandemic, a significant portion of the global workforce experienced remote working. For many, this was a temporary adjustment due to lockdowns, yet for office-based employees, it marked the inception of enduring flexible working setups. Employers need structured remote working policies detailing how frequently employees can work from home alongside performance and data security conditions.
Employers face challenges in terminating or altering these flexible arrangements. Some report enhanced productivity from these setups, yet others seek to curtail homeworking, valuing in-person interaction. However, transitioning employees back into offices, especially after satisfactory remote periods, poses legal concerns. Without well-drafted policies, demands for a return to office work might breach mutual trust, risking constructive dismissal claims.
If remote working emerges as a customary part of employment, it might become an implied contract term, particularly where policies aren’t clear or expressed as non-contractual. Employers preferring these arrangements remain discretionary must communicate this clearly. Even discretionary arrangements risk becoming implied with extended practice.
Hybrid working rules also require careful adherence. When employees work from home more than permitted, it may also form an implied term, thus employers must monitor and enforce policies vigilantly. Discretionary arrangements can be revoked, but employees retain the ability to request permanent flexible settings. Employers should also consider reasonable adjustments for disabled employees under homeworking or hybrid models.
Overall, clear communication, transparent consultation, and sound business reasons are vital when altering work arrangements. Employers should provide ample notice for any changes required, ensuring employees adjust smoothly.
Employers must meticulously manage remote work policies to avert legal ramifications and ensure seamless transitions.
