Hot desking: Are you burned? What legal risks should every UK employer be aware of?

Tina Chander is the Founder and Director of End Workplace Bullying Day, and Head of Employment Law for Wright Hassall


Hot desking has become a popular trend in the UK, according to recent statistics. More than half of UK office have adopted this policy.


Hot desking is praised by employers for its cost saving benefits, especially when it supports hybrid working. It also encourages team collaboration and reduces wasted space, according to employers.


spanstyle=”font-weight 400 ;”>”In the opinion of this writer, a hot desk culture, if implemented incorrectly, could lead to employee dissatisfaction over time and create unintentional hierarchical barriers.


spanstyle=”font weight: 400 ;”>”It is important to remember that hot desking can create a culture where “everyone for themselves”. Senior management and more assertive staff may claim better seating, or have the final word when selecting a workspace.


To avoid this risk employers should focus their efforts on creating an inclusive and productive work environment, where employees feel supported and comfortable when they come to work.


spanstyle=”font weight: 400 ;”>”First, it is important for all organisations to create a formal hot desk policy that outlines rules and regulations on fairness and equal opportunity with a guideline as to how desks are assigned.


spanstyle=”font weight: 400 ;”>”Remember that you should address any existing contracts, and make sure the policy doesn’t unintentionally violate implied contractual terms as per the Employment Rights Act of 1996. You should take appropriate steps to resolve the issue with your employees.


spanstyle=”font weight: 400 ;”>”The policies should also prioritize any additional needs – like physical impairments, pregnant women, or neurodivergent disorders. Do you know if any of your employees actually have a “preferred” spot they prefer to work at, which is due to their specific needs? This is something that many people do. It could be a problem, especially if the employee does not feel comfortable voicing their concerns. In order to combat this, it is important to create a culture of openness and transparency. Your team should feel that they can always be honest with you.


Employees should conduct regular workplace assessments in order to identify additional needs an individual might have. It’s not just for new staff members. You never know what needs may arise over time.


One of these assessments is in accordance with Health and Safety Regulations (Display Screen Equipment), which ensures that seating, screen placement, and desk height are within the required standards to avoid any discomfort and injuries. The right of employees to regular assessments is to be given the resources and tools they need to do their jobs comfortably.


Neurodivergent employees have unique needs beyond physical impairments. It is subjective, but a ‘bad desk’ could be a desk that’s too close to distractions, such as noisy areas, too far away from resources, too isolated from the team, or just a desk that’s uncomfortable.


It’s important to keep in mind that hot desks may not be suitable for everyone. Many neurodivergent workers thrive on routine and familiarity. For those who need them, it would be worthwhile to consider a few fixed desks. If a fixed desk is not an option for you, make sure that a schedule is set up, along with the appropriate handover procedures, including cleaning protocols, and comfort aids.


“On an overall perspective, employers must also consider the data security risks of hot desking, and ensure compliance with GDPR through secure storage of confidential documents, and by providing clear guidance regarding digital security, such as password protection policies and screen lock policies.


Hot desking is a great way to increase productivity and inclusion, but it’s not the solution for everyone. Businesses can create a collaborative and efficient workplace where employees feel valued and comfortable by taking a thoughtful approach that takes into account the individuality of each employee.

What is hot desking? HR News published the first article on The legal risks that every UK employer must be aware of.

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