Written by Hannah Thomas, employment solicitor at FSB Legal and Business Hub. This content was last reviewed in April 2024.
Hybrid working is a form of flexible working whereby workers spend some of their time working remotely (typically from home) and some of their time in the employer’s workspace (usually the office). There is, of course, no legal requirement for employers to change their existing working model. This is a business decision for each employer.
A hybrid working model will not suit every employer or employee. It may not be practical, for example, for employees who require greater face-to-face supervision; for roles that require the employee to work on site; or for roles that require face-to-face client or customer contact. Hybrid workers also need to have the skills to work remotely, including good computer literacy and time management skills.
What is a hybrid working policy?
A hybrid working policy should set out who is eligible for hybrid working, by making it clear which roles are suitable. The policy should also set out how often employees must attend the workplace.
This could either be a fluid arrangement (for example, subject to employees attending the workplace a minimum number of days per week, but with greater attendance required when requested) or specify a set workplace-to-remote working ratio. The policy should also set out any equipment or resources that will be offered to employees when working remotely, and other arrangements for remote working.
How to implement the change
Employers must consult with their employees about proposed changes to work patterns or locations. If a decision is made to introduce hybrid working or to continue home working, existing relevant policies and procedures will need to be updated.
Hybrid working may amount to a formal change to terms and conditions of employment if, for example, it involves a change of location or change of hours that is not already provided for in the contract of employment – for example in a contractual place of work mobility clause.
Employers should consider whether to introduce hybrid working for a pilot or trial period, as a permanent or temporary contractual change to the terms and conditions of employment, or via an informal, non-contractual approach.
Acas has produced guidance on hybrid working, covering introducing and planning for hybrid working, creating hybrid working policies and consulting on hybrid working.
FSB members have access to our factsheet guidance on hybrid working on the FSB Legal and Business Hub, as well as a template hybrid working policy and a contract clause for hybrid working (if hybrid working amounts to a contractual change).
A template letter seeking agreement to implement hybrid working, where the hybrid working arrangement amounts to a variation of contract, is also available.
What about health and safety?
Under the Health and Safety at Work Act 1974, employers are responsible for providing a working environment that is, so far as is reasonably practical, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work.
The Management of Health and Safety at Work Regulations 1999 provide that employers should carry out an assessment of the general risks to employees’ health and safety while they are at work, including those working from home and/or under a hybrid working model.
If the employee is a hybrid worker, the employer must conduct two risk assessments: one for home working (usually a self-assessment) and one for workplace-based working. You are only responsible for equipment you have provided to your workers, but should make sure it is being used in a safe environment, as far as possible.
Not every incident in a person’s home will be reportable to the Health and Safety Executive (HSE). It may be reportable under Reporting of Injuries, Diseases and Dangerous Occurrences Regulations if it was a result of the work being done or the equipment you have provided to work with.
The HSE has released guidance on managing home workers’ health and safety, which includes health and safety duties around display screen equipment assessments and the employer’s legal responsibilities regarding the home working environment and accidents.
FSB members should call the 24/7 helpline to discuss legal issues.