COVID 19 Observation: Flexible working v Hybrid working including working from abroad

Flexible working

Many businesses and employees in the UK were forced to transition to remote working as a result of the Coronavirus lockdowns. After being exposed to it for the first time, many employees expressed a strong desire to continue working in a hybrid pattern. According to Taylor and colleagues' survey, less than one out of every ten workers wanted to return to the office. This is a tremendous result. Nonetheless, those advocating for a return to the office and those advocating for a hybrid work arrangement continue to hold opposing positions.

A hybrid and flexible arrangement can operate in several different ways. Some employees may work from home all of the time, while others may commute several days a week. Employees do not have a legal right to flexible working hours, regardless of the arrangement currently in place by the employer. Employees can request a flexible working arrangement after 26 weeks of employment, according to Part 8A of the Employment Rights Act 1996, but the employer has the discretion to approve such a request. The 26-week 'waiting period' was criticised during the pandemic, prompting a government consultation in September 2021 to begin plans to make this benefit available from the first day of employment. Another noteworthy limitation is that employees can only request a flexible work schedule once every 12 months. As a result, it is clear that the current legal framework favours employers and gives them complete control over whether or not employees have a flexible work schedule.?

After an employee requests a flexible working arrangement, the company has three months to make a decision and notify the employee. The 'decision stage' is what it's called. This stage may result in a conflict of interest between the employer and the employee, as each party may have different expectations regarding requests for flexible and hybrid work schedules. As a result, both parties will almost certainly have to make concessions to reach a mutually advantageous agreement.

However, not all employers are opposed to a flexible work schedule. This is in direct opposition to the widely held belief that all employers want their employees in the office. For example, there have recently been concerns about an increase in omicron cases. As a result one of the world's largest oil company, has ordered all of its employees in its largest US office to work from home until at least next month. This clarifies one point: until we have successfully contained this virus, both the employer and the employee will most likely take a flexible approach.?

There are also things to think about when it comes to the perceived disadvantages of a flexible work schedule. Colleagues' experiences with flexible arrangements have yielded mixed results. Sure, some people have reaped the benefits of having more control over their work schedules, not having to commute, and more opportunities to spend quality time with family. Others, on the other hand, have expressed concerns about the blurring of work and social life, work intensification, and working longer hours. As a result, unless a nationwide lockdown occurs, it's important to remember that there's unlikely to be a single rule that applies to all employees. Despite widespread support for a flexible and hybrid arrangement, there is a strong case to be made that it will not satisfy all employees.

Working from overseas

Employees have also expressed a strong desire to work remotely from abroad in record numbers. As one might expect, this type of request is on the extreme end of the request scale, requiring more thought than requests for flexible and hybrid working hours and arrangements.

Allowing employees to work remotely from overseas may present practical obstacles for the business, such as time zone differences, connectivity concerns, maintaining a continuous line of communication between management and personnel and data privacy, to name a few. Employers are likely to assess each request individually, ensuring that there is a minimal time zone difference, adequate infrastructure to ensure that performance is not jeopardised, and possibly prioritising countries where they have foreign operations.

Allowing an employee to work from a different country raises several legal and economic issues, including tax implications, local employment rights that the employee may suddenly acquire, and, most importantly, immigration-related ramifications. As a result, it's critical to consider all factors before approving a request for an employee to work remotely from another country. A request to work remotely overseas must be approved by a variety of departments for an employer to minimise their risk. This is especially true following the United Kingdom's exit from the European Union, as UK citizens will now need a work permit to work in the European Economic Area.

Employers must maintain positive relationships with their employees, so a balance must be struck to keep employees satisfied and valued. Furthermore, if the employer and employee reach an agreement, there may be a mutual benefit. As a result, employers should not be quick to dismiss a request to work abroad, despite the potential pitfalls.

It has been 22 months since the first nationwide lockdown, and no one knows how long this fight will last. Moving forward, this also makes permanent flexible arrangements ambiguous. However, it is clear that, for the foreseeable future, both employers and employees will need to emphasise flexibility until the 'dust' settles.

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