Hybrid working
Produced in partnership with Herbert Smith Freehills

The following Employment practice note produced in partnership with Herbert Smith Freehills provides comprehensive and up to date legal information covering:

  • Hybrid working
  • Background
  • Homeworking before and after the pandemic
  • Advantages and disadvantages of hybrid working
  • Regulatory issues
  • Issues for the employer to consider
  • What the workplace is for
  • Risk of two-tier system
  • Employees with different characteristics
  • Workspace requirements
  • More...

Hybrid working

This Practice Note examines the legal and practical issues for an employer to consider in relation to hybrid working, sometimes known as agile working, blended working or split working patterns or arrangements, 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 has 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.

The employer’s approach to hybrid working will vary depending on a number of factors, primarily the nature of the organisation and what it does. For example; it may be relatively straightforward for an office-based employer to offer hybrid working to nearly all of its staff. By contrast, a manufacturer that has operational or site-based staff (who cannot work from home) as well as office staff (who can work from home) may be concerned about the risk of creating what their employees may see as a ‘two-tier’ system, where operational and

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