Hybrid working

This subtopic contains materials and commentary on, and analysis of, the employment issues that may arise in relation to hybrid working, sometimes known as agile working, where staff attend the workplace for part of their working time and work from home or elsewhere remotely for part of their working time. Hybrid working can be distinguished from pure home working, where the worker works entirely from home, although some employers have had partial homeworking arrangements in place for some time.

The concept of hybrid working emerged from the coronavirus (COVID-19) pandemic, during which many employees have been working entirely, or primarily, from home, and it is envisaged that employees will continue to work for part of the time at home, while returning to their workplaces for the remainder.

Hybrid working

Practice Note: Hybrid working examines the legal and practical issues for an employer to consider in relation to hybrid working. The Practice Note considers:

  1. the background to the emergence of hybrid working as a concept

  2. issues for the employer to consider when deciding its hybrid working strategy, and

  3. practical steps for the employer to take to implement

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Right to work guidance updated on Digital Verification Service checks

The Home Office has issued an updated version of its ‘Employer’s guide to right to work checks’ document, with the changes primarily related to simplifying the information on digital checks for employers of British and Irish citizens who have a valid passport (or Irish passport card). The new version has removed various technical details which were previously intended for providers of these digital verification services, and revised the relevant terminology, so that ‘Digital Verification Service (DVS)’ now includes both the terms Identity Service Providers (IDSPs) and Identity Document Validation Technology (IDVT). This is stated to align the guidance with the terminology used in the UK digital identity and attributes framework and the Data (Use and Access) Act 2025. Guidance and requirements specifically for DVS are now set out in a separate, supplementary code for digital right to work checks. The relevant guidance for employers has been revised. Although it is not currently mandatory for employers to use a DVS certified against the ‘trust framework’ and the supplementary code, this position will change ‘in the near future’, and it will become mandatory to use a DVS listed on the register of certified DVS (maintained by the Office for Digital Identities and Attributes (OfDIA)). In other changes, the new version reiterates that an original expired BRP is not proof of a right to work, and instead an online check must be taken. It also confirms that short-term entry clearance vignettes are being phased out, and that increasingly persons recently issued entry clearance will only have their eVisa to rely on for these purposes, so will need to create a UKVI account as soon as possible and can do this from overseas. In relation to asylum seekers with a pending claim, the guidance now states that they can also volunteer whilst their claim is considered without being granted permission to work, but they can only carry out 'paid' work if they have been granted permission to work under the Immigration Rules, Part 11, paras 360 or 360C. Previously the reference in our quotation marks to ‘paid’ work stated ‘voluntary’ work

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