What Next? What Next?

LinkedIn’s recent research has provided an interesting insight on the topic of flexible, hybrid and remote working. LinkedIn’s first Work Change Report revealed that while some companies make headlines by insisting their employees return to work, UK office workers were happy to visit the office if it was of real value.

The survey found that half of respondents didn’t want their employers to dictate their office attendance beyond the hybrid arrangements they currently have, but 72% thought it fair for bosses expect effective in person collaboration.

The survey found that certain types of interaction are preferred in person. Planning meetings (57%), brainstorming sessions (62%), as well as review meetings (62%), were all common. Face-to-face interactions also had an impact on budgets, with 59% of professionals stating that they would be more likely to spend with a vendor they have met in person.

“The companies that get this right – those that create spaces for meaningful collaboration, idea-sharing, and relationship-building – will be the ones that keep their best talent engaged.”

When the report was released, Janine chamberlin, Head, LinkedIn UK, commented, “The future of the workplace isn’t forcing people to come back to the office. It’s about making it worth their while when they do.” The companies that get this right – those that create spaces for meaningful collaboration, idea-sharing, and relationship-building – will be the ones that keep their best talent engaged. It all starts with listening and valuing in-person interactions.

Five years after pandemic, the issue of flexible and hybrid work is still evolving for businesses. HR can be the one to lead the way. LinkedIn reported that 39% UK C-suite executives are redesigning hybrid policies in the coming year. 41% plan to offer more flexible office hours to boost productivity.

There are questions about who is in control of where people work. Kathryn Evans is Partner and Head of Employment at Trethowans. She explains that under the Flexibility Working Regulations, all employees have the right to request up to two requests for flexible working per year. They can also make these requests as early as day one. Employers can reject such requests if it interferes with their business needs. Instead, they can force employees to continue working at the place of employment that is specified in their contract.

Evans says that the first thing an employee should do is look at their contract of employment to see what it has to say about the workplace.

Customs and practices

Evans says hybrid working has changed the meaning of “place of work”. It is important to understand what this term means and whether the clause is contractual. At the same, it is important to pay attention to what happens in practice. Evans notes that if there isn’t a written contract, then the work place will be determined by ‘custom and practices’, or what has been done in the past.

If there is no contract in writing, the work place will be determined by ‘custom and practices’.

Evans uses the example of a Covid employee who worked at home for the first few years of the company. This employee would have a good case to claim that their home was now the place they work.

If an employee’s refusal to return to the workplace is a breach of contract, then disciplinary policies should be applied. If an employee refuses to work at a certain place, the company’s policy on disciplinary action should apply.

Evans notes that the employer still has to follow a fair procedure. She says that they would consider a variety of factors, including the reason for the request, how long the employee has worked from home, if the home work is interspersed or not with office work, and the reason the employee refuses.

Discrimination is a reality

Evans also stresses that employers should be aware of discrimination laws when making decisions about where to place someone, particularly if the request involves childcare or is a reasonable accommodation for someone with disabilities. It is clear that, even if an employer decides to bring back its former employees, it may not be easy to fill all the desks.

Mark Mortensen is Professor of Organisational Behavior at INSEAD and suggests that there are many other factors affecting where an employee should do their work. Although employee and employer may have different opinions, the final decision could be based on market conditions.

Supply and Demand

Mortensen says that candidates have the right to demand but employers do not have to supply. “The power of the employer is determined by the labour market economy – the person who controls the most scarce resource, whether it be talent or jobs, has the most power.” Remote work is just one of many chips that are being played.

This is a very interesting perspective. This is an interesting point of view. Businesses are still having difficulty filling certain positions, even in the current challenging economic climate. The location of the job becomes a key factor in negotiating with talent.

It is important to keep in mind that jobs and tasks are not the exact same thing.

Mortensen suggests that employers should also consider how they work to ensure that this aspect of the employment relationship works: “It’s important to remember that jobs and tasks are different,” he says. “Organisations can be creative when it comes to designing jobs. Think about whether you want a sales representative and a customer service representative, or two employees who divide their time between customer service and sales. The latter option is a creative solution to allow remote work for salespeople – IF this is what your organisation wants to provide.”

Mortensen’s second point is also related to the economics in business. What are the costs and benefits of working in a certain location? He says that “nothing is free”, so any organization evaluating remote work should consider the costs and benefits.

He explains that, in the modern world, some people see remote working as a privilege and others as proof that an organisation values its employees. The financial position of hybrid or remote working (how productive are people in the particular environment) must be taken into consideration. However, companies must make a conscious choice about where their employees will be located.

It is no longer possible to put the issue of hybrid work and flexible working in a box. The pandemic has passed. Mortensen points out that organisations exist for a reason. Therefore, any remote work policy must support this. For example, if you are a sales associate at a retail shop, remote working is not an option. The final thing to consider is that the location of work must be the best place for the employee, taking into account their needs and what they can contribute to the company.

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