Practical tips and tricks for employers: managing remote and hybrid working

COVID-19 has changed the way in which we all work. Since 2020, remote working has become the norm for many people, especially those in office settings. Employers continue to get to grips with the challenges posed by remote working. Employers continue to make efforts to get remote workers back into the office to drive productivity, team morale, and business growth. Many employers continue to pay for business premises when not all of their employees are in the office full-time, and as a result, they have had to downsize.

In this article, we will list some practical tips and tricks for employers managing remote and hybrid working within their businesses.

1. Review contracts before changing working arrangements

Why it matters: Informal remote work may have developed during COVID-19 without official contract changes. Now, many employers are re-evaluating their arrangements—make sure you’re legally covered.

Practical tips:

• Audit contracts: Check which employees have formal remote/hybrid working terms and which rely on informal agreements.
• Don’t assume: Verbal agreements or casual arrangements may not be enforceable and can create legal risks.
• Changing working patterns (either to increase or reduce remote work) often requires a formal contract variation. Get legal advice if needed.
• Use clear communication when proposing contract changes, and ensure you follow a fair consultation process.

2. Establish clear remote working policies

Why it matters: Vague or inconsistent practices can lead to legal disputes and employee dissatisfaction.

Practical tips:

• Create or update policies.
• Apply policies consistently to avoid discrimination claims.
• Document all arrangements and keep them updated.

3. Handle flexible working requests properly

Why it matters: Since April 6, 2024, flexible working rights have been expanded, and missteps can lead to tribunal claims.

Practical tips:

• Have a standard procedure for handling requests.
• Keep a written record of meetings and decisions.
• If you approve, note that it’s usually a permanent contractual change unless you include a clause to review or revert.

4. Follow the Working Time Regulations

Why it matters: Flexible hours don’t remove your duty to protect employee wellbeing and prevent overwork.

Practical tips:

• Ensure staff do not exceed the legal limits:
• Allow proper breaks—especially for remote workers who may lose track of time.
• If monitoring productivity, ensure it’s proportionate and justified.

5. Manage home set-ups and health and safety risks

Why it matters: Employers remain responsible for the physical and mental safety of remote workers.

Practical tips include conducting risk assessments for homeworking conditions, establishing a procedure for reporting home-based accidents or injuries, and encouraging open conversations about mental health.

6. Be aware of domestic abuse risks

Why it matters: Working from home can expose vulnerable employees to increased risk.

Practical tips would include training managers to spot warning signs of abuse.

7. Watch for discrimination in hybrid/remote work

Why it matters: Decisions about remote working can indirectly discriminate against people with protected characteristics.

Practical tips include conducting an equality impact assessment before making policy changes and ensuring decisions are based on legitimate business needs and are proportionate.

8. Safeguard data and confidentiality in remote work

Why it matters: Homeworking introduces new data security risks, and you must stay compliant with UK GDPR.

Practical tips include providing training to remote workers on this and completing a Data Privacy Impact Assessment to evaluate risks.

Contact our employment law solicitors today

If you have any questions or concerns about the updates provided above, please contact a member of our Employment Law team. You can use our online enquiry form or call 0330 191 5713.