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What is a Hybrid Working Policy?
A Hybrid Working Policy sets out the details of an employer’s hybrid working model, under which all or some of their staff members may work some of their workdays from the employer’s main workplace and some of their workdays remotely (eg from home). Hybrid Working Policies set out which staff members may be able to use hybrid working arrangements, details of such arrangements, and how decisions about hybrid working are to be made.
When should I use a Hybrid Working Policy?
Use this Hybrid Working Policy:
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if you are offering hybrid working either as your workplace’s default working model or as an option that staff members can opt-in to
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to set out how you deal with expenses, equipment, and rules for remote working under hybrid working arrangements
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if you employ staff members in England, Wales or Scotland
Sample Hybrid Working Policy
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HYBRID WORKING POLICY
The Purpose of ’s Hybrid Working Policy
- (the Employer, we, our or us) is pleased , in accordance with this Policy.
- We envision that our Hybrid Working model will help the members of our workforce to make the best use of their time and energy, whilst making it easier for to balance their work with other areas of life and to work in the ways that are best for them.
- Any questions in relation to this Policy should be referred to in the first instance.
Consultation
- Before introducing this Hybrid Working Policy, has consulted on the Policy with our and any relevant representatives (e.g. trade union representatives). All input received has been fairly considered.
- will regularly review and consult on this Policy to ensure that it continues to reflect our business’ and our workforce’s needs. Particularly, we will be sure to consult when making significant changes (e.g. when withdrawing this Policy). Such consultations will, wherever possible, take place before any changes are implemented.
- will be given reasonable notice of any changes to our Hybrid Working Policy.
- Any feedback or other input that any or representative wishes to contribute between consultations is welcomed. This should be submitted to .
Scope of the Hybrid Working Policy
- This Policy deals with Hybrid Working (or ‘agile working’), understood to mean arrangements under which works from their usual physical place of work (e.g. an office) for some of their working hours and from another, remote location (e.g. their home) for the rest of their working hours.
- Hybrid Working is distinct from ‘homeworking’ (or ‘working from home’), which refers to long-term arrangements that tend to involve an individual working remotely (e.g. from home) always or almost always.
- This Policy applies to ’s
- This Policy does not form part of any contract of employment or equivalent and may amend it at any time at our absolute discretion.
’s Policy on Hybrid Working
- The Hybrid Working ratio of time spent in the Main Workplace to time spent in remote workplaces, set out above, is the ideal ratio that with Hybrid Working arrangements should aim to meet. If during some weeks it is practical for them to work more than this in one location (e.g. because they need to be at home to supervise an ill family member or to attend a local appointment), this is generally permitted, as long as it is approved by the line manager beforehand.
- who work part-time or irregular hours
- Requests for different Hybrid Working arrangements, e.g. working remotely for an additional day per week, may be made and will be considered fairly and in accordance with the equality and anti-discrimination requirements in this Policy, but not necessarily in accordance with the entirety of the Policy.
- who utilise Hybrid Working arrangements may sometimes be required to attend the Main Workplace at times that they would not usually. will attempt to keep such instances to a minimum and may offer alternate remote working days to replace lost remote working days. Potential reasons why may be required to attend the Main Workplace include, but are not limited to:
- To attend training or development sessions.
- For key meetings, e.g. annual or quarterly strategy meetings.
- To participate in key events or times of a business cycle.
- To cover absent colleagues.
- Because the is temporarily unable to work remotely because equipment they use for remote working is experiencing issues.
Acceptable Remote Locations
- An Acceptable Remote Location is somewhere that:
- Has been confirmed by as an appropriate location for the to work from,
- Enables the to abide by the provisions set out in the section of this Policy headed ‘Security’, and
- Is located within the UK.
- An Acceptable Remote Location will usually be home. If the moves home, they should inform of this as soon as possible. The suitability of the new home location will be assessed in the same manner as the original home location was, to ensure that it is safe for the Hybrid Working arrangement to continue.
Hybrid Working Arrangements
- Before making a Hybrid Working request, should consider whether, in their circumstances, making a different type of request may be more appropriate. For example:
- A formal or informal flexible working request, which should be made via email to the ’s line manager or to the person responsible for HR matters, and which will be dealt with in accordance with the law on flexible working and flexible working requests.
- A request that a reasonable adjustment be made, which should be made via email to the ’s line manager or to the person responsible for HR matters, and which will be dealt with in accordance with equal opportunities and anti-discrimination law.
- A request for a long-term homeworking arrangement, which should be made via email to the ’s line manager or to the person responsible for HR matters, and which will be dealt with in accordance with the law on remote working and homeworking.
How Will Handle Hybrid Working Requests
- Hybrid Working requests made by will be handled by in accordance with this Policy.
- Requests will be handled according to the following process:
- Confirmation that request has been received will be provided by within one week of the request being made.
- The will be invited to a meeting, either in person or virtually, to discuss their request and any potential barriers to its being approved. The may bring a companion with them to this meeting (e.g. a colleague or a trade union representative). This meeting will be attended by or their representative and/or the line manager, as appropriate.
- Based on the initial request, the meeting, and this Policy, will ultimately decide whether the request is approved or denied. The outcome will be communicated in writing. We intend to reach this stage of the request process within 14 days of a request being made, wherever possible.
- If a request is approved,.
- If a request is denied, or if is unhappy with a condition attached to an approved request, they may appeal the outcome of their request. Appeals should be:
Made within 14 days of the outcome of a request being communicated, unless there is a compelling reason for an appeal being made after this point.
Made in writing, noting the reasons for the appeal (i.e. why the believes the decision arrived at to be flawed or unfair).
- Made to via email.
- If a request for an appeal is made, the will be invited to an appeal meeting, either in person or virtually, to discuss their appeal and to re-evaluate the decision in light of the appeal. The may bring a companion with them to this meeting (e.g. a colleague or a trade union representative). This meeting will, wherever possible, be conducted by a different and ideally more senior person to the person that ran the original meeting.
- Following an appeal meeting, the outcome of the appeal will be communicated to the in writing, as soon as possible and wherever possible within 7 days of the appeal meeting.
- If Hybrid Working request is ultimately denied, they may not make another such request until either:
6 months have passed since the final outcome of their prior request was received, or
- Circumstances have changed in a manner that impacts the and/or their role’s suitability for Hybrid Working, in which case the .
- has discretion as to whether to approve or deny Hybrid Working Request, but they must always evaluate requests and make decisions:
- Fairly and objectively.
- In accordance with equal opportunities and anti-discrimination laws.
- By applying the Influencing Factors in a manner that does not unfairly discriminate against any based on an Equality Act 2010 protected characteristic. Influencing Factors that have the potential to discriminate must be allowed to influence a decision only when doing so is a necessary and appropriate means of achieving a legitimate aim or business objective (i.e. when there is an objective justification for using the relevant criterion in the way in which it’s being used).
- If a request a Hybrid Working arrangement constitutes a request for a reasonable adjustment in relation to a disability, the request will be treated as would any other instance of asking for a reasonable adjustment. The adjustment will be made (i.e. the Hybrid Working arrangement approved, with any necessary modifications) as long as this is reasonable.
- If a request a Hybrid Working arrangement is capable of constituting a formal flexible working request under The Flexible Working Regulations 2014, it will be dealt with in accordance with the law on flexible working.
How Suitability for Hybrid Working Will Be Determined
- When evaluating a Hybrid Working request, the following factors may, where relevant, be taken into consideration (i.e. the Influencing Factors:
- Whether the role is suitable for being performed remotely, in the Main Workplace, or both.
- Whether the is suited to remote working in light of, for example, their motivation, discipline, knowledge of their role, and ability and willingness to prioritise work above their home life, where appropriate.
- Any specific reasons why the has requested a Hybrid Working arrangement. For example:
- Caring responsibilities.
- Childcare responsibilities.
- Medical requirements (physical or mental) that make it easier or harder to work in a certain location.
- The degree of close collaboration with colleagues and/or clients that’s required in the role.
- Whether the manages or supervises other people and whether remote working would inhibit or enhance their ability to do this.
- The degree of in-person supervision that the role requires.
- How the performing their role remotely versus in the Main Workplace may impact performance; by reference to work output, customer and client outcomes, and any internal metrics.
- How many other workers within the role and/or area of work are also working under Hybrid, homeworking, or flexible working arrangements, or seeking to do so, and what this means for the role’s and/or the area’s operations.
- How the work procedures and practices would need to vary to accommodate Hybrid Working.
- Any potential cost implications (positive or negative) of the proposed arrangement for the Employer.
- Whether a suitable remote working space is available for the to use. For example:
- A suitable safe and healthy environment must be available for to work from home, to enable the Employer to meet its health and safety obligations to the while they’re working remotely.
- The should be able to reasonably ensure the security and confidentiality of the Employer’s and others’ (e.g. clients’) property, information, and personal data in the space.
- Any rules on homeworking imposed by the home and contents insurance policy or by any other relevant agreement or law (e.g. a tenancy document).
Equipment and Materials Required for Hybrid Working
Expenses Incurred in the Course of Hybrid Working
- should consult with regarding any tax payable on expenses incurred and equipment purchased in relation to Hybrid Working. should facilitate the payment of any such taxes if necessary (e.g. by providing sufficient evidence of purchases).
Insurance Policies During Hybrid Working Arrangements
- By taking on a Hybrid Working Arrangement, acknowledges that they understand that working from home may affect their home and contents insurance or other similar insurance policies.
- should check with their insurance providers that they have adequate cover for the fact that they sometimes work from home, and should check whether any of their own equipment is covered for work use. If any relevant additional premiums are required,.
Tenancy and Mortgage Considerations During Hybrid Working Arrangements
- By taking on a Hybrid Working Arrangement, acknowledges that working from home may affect their mortgage, lease, or tenancy agreement.
- The is responsible for:
- Notifying any relevant landlords, mortgage providers, and/or insurers of their working from home arrangement.
- Checking any applicable mortgage agreements or rental agreements to ensure that they are allowed to work from home.
- Making any necessary arrangements with their banks, mortgage providers, and/or landlords, to obtain permission to work from home.
- Checking whether their home and contents insurance or similar covers any damage caused by work equipment or by third parties (e.g. clients) and, if necessary, adjusting policies to ensure it does so (we will cover the reasonable costs of achieving this, if necessary).
- Checking whether working from home will place them in breach of any restrictive covenants, planning restrictions, or other legal instruments or laws, and working with us and any other relevant parties to avoid or resolve any related conflicts.
Data Protection and Security
- are responsible for ensuring the security of all equipment, documents, and information that they hold when working remotely and when moving between the Main Workplace and remote workplaces. They must take all necessary steps to ensure that confidential information is kept secure at all times. In particular, must:
- Password-protect any confidential information held on their home computers or portable devices.
- Lock their computers whenever they are left unattended.
- Store confidential papers securely when they are not in use.
- Ensure the secure disposal of any confidential papers (e.g. by using a shredder).
- Comply with our data protection and data security practices and procedures.
- Comply with our communications and equipment practices and procedures.
- Report any data security breaches or security issues to their line managers immediately.
Communication When Working Remotely
- who are working remotely should report to their usual line managers. who is taking on a Hybrid Working arrangement should work with their line manager to agree on a suitable format for meetings and check-ins (e.g. via video call or scheduled on in-office days.
- Line managers hold responsibility for ensuring that suitable arrangements are met, which allow all an adequate amount of face-to-face time.
- Managers should take measures to ensure that individuals working remotely are not disadvantaged by not being in the Main Workplace by, for example, scheduling meetings involving multiple people as video calls or by taking and communicating notes of any ad hoc in-person meetings that take place in the Main Workplace.
- who are working remotely should keep in regular contact with their line managers and should not hesitate to contact them with any work-related questions or with concerns about, for example, mental health or wellbeing in relation to remote working.
Health and Safety for Hybrid Workers
- Remote workers have the same rights and responsibilities as those working from ’s Main Workplace.
- commits to meeting all of its health and safety obligations towards our remote workers, for example, by carrying out all necessary risk assessments and by managing all risks as appropriate.
- When working remotely, must take reasonable care for their own health and safety and for that of anyone else in their remote work location who is affected by their work.
- should always take adequate rest breaks during the work day, in accordance with their usual arrangements (e.g. as set out in their contract of employment or similar or in any relevant workplace policies).
- should comply with our Health and Safety Policy and should follow all health and safety instructions issued by us including, for example: Requests to attend any health and safety-related training.
- Requests to attend any health and safety related training.
- Instructions to undertake workstation risk assessments, which will be accompanied by appropriate information and/or training on how this can be done.
- Instructions to take rest breaks.
- should liaise with their line managers to make sure that their workstations are appropriate and that they are working in a safe manner.
- There are steps that can take to make sure that they achieve a safe and comfortable posture while working from home using display screen equipment (DSE). are asked to please familiarise themselves with these steps and with other information provided by the Health and Safety Executive (HSE) (www.hse.gov.uk/toolbox/workers/home.htm).
- While working with DSE, please also observe these guidelines:
- Break up long spells of DSE work with rest breaks (i.e. at least 5 minutes every hour) or with changes in activity.
- Avoid awkward, static postures by regularly changing your position.
- Get up and move around or do stretching exercises.
- Avoid eye fatigue by changing focus or blinking from time to time.
- For more information on safe remote working, working safely with DSE, and entitlements to eye tests and glasses for DSE use, see our Health and Safety Policy.
- should notify their line managers and/or the person responsible for HR matters if they identify any work-related health and safety concerns or hazards while working remotely.
- should follow our usual reporting procedures for any work-related accidents or near misses that occur while they’re working remotely.
- For health and safety purposes, we retain the right to inspect and check home offices or other remote workplaces. The need for such inspections will depend on specific circumstances, including the nature of their work.
- should remember that risks posed to their mental health and wellbeing by remote working are important health and safety considerations. You should not hesitate to contact their line managers, an HR representative, or others within the Employer’s organisation if you have any concerns about your mental health. Any mental health concerns will be handled compassionately and in line with health and safety laws. For example, we may investigate alternative working arrangements, refer you to sources of help (e.g. counselling or charities like Mind (https://www.mind.org.uk/), or seek other solutions.
Terms of Employment and Treatment During Hybrid Working Arrangements
- work remotely in accordance with. However, these changes are not contractual changes to contracts of employment or equivalent and the arrangements may be altered or revoked by us at any time. We will, wherever possible, discuss any anticipated changes with and will consider their input before altering arrangements.
- Note that contractual place of work will not change when a Hybrid Working arrangement is agreed upon.
- A Hybrid Working is expected to continue to abide by ’s usual policies and procedures, including:
- Our family leave and other leave policies, which should be followed if wishes to take time off while remote working.
- When working remotely under a Hybrid Working arrangement, .
- If wishes to alter their working hours (e.g. to accommodate for childcare, caring, health, or other commitments), is committed to considering such requests, taking all considerations into account. Requests should be made either informally to line managers and/or the person responsible for HR matters or as a formal or informal flexible working request.
- working remotely should familiarise themselves with our other provisions and policies applicable to remote workers, particularly our Health and Safety Policy.
Equality
- will be treated equally and in line with equal opportunities law when subject to a Hybrid Working arrangement or when applying for a Hybrid Working arrangement. For example, workers based solely in the Main Workplace will not be favoured for promotions, training, or other opportunities.
- If any provisions of this Policy or any of our other policies referred to in this Policy are not applicable to any worker covered by this Policy (e.g. because they work part-time), equivalent provisions will be in place where applicable (e.g. for health and safety considerations). Information on such arrangements should be sought from line managers or the person responsible for HR matters.
Ending Hybrid Working Arrangements
- This Hybrid Working Policy does not form part of anybody’s contract of employment or equivalent and, as such, it may be altered or revoked at any time. If any changes are anticipated, will wherever possible give all relevant reasonable notice of the changes.
- may at any time decide to end an individual Hybrid Working arrangement if the arrangement is no longer appropriate. Any such decisions will be made fairly, non-discriminatively, and by taking into account the relevant Influencing Factors. The usual appeals process will also apply.
- If Hybrid Working arrangement is to end, we will:
- Consult with the before making a final decision, wherever possible.
- Give the reasonable notice of the decision.
- Provide reasons for the decision.
- Reasonably facilitate the move to a new working arrangement.
- may request that their Hybrid Working arrangement be ended at any time by contacting . Wherever possible, this request will be approved and the can.
- Where possible, the should give reasonable notice of their intentions so that line managers can accommodate the change.
- In some instances, the may be asked to reconsider or to delay their by a reasonable period of time to enable arrangements to be made .
- Any equipment or materials provided by the Employer specifically for the purpose of facilitating a Hybrid Working arrangement should be returned to the Employer if this Hybrid Working arrangement comes to an end.
Attribution
- This Hybrid Working Policy was created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
About Hybrid Working Policies
Learn more about making your Hybrid Working Policy
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How to make a Hybrid Working Policy
Making your Hybrid Working Policy online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all the information prepared in advance, creating your document is a quick and easy process.
You’ll need the following information:
The employer and key contacts
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What is the employer’s name (ie the individual or the organisation)?
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Where is your organisation’s main workplace?
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Who is the employer’s key contact for hybrid working matters (eg for making hybrid working requests or for questions about hybrid working)? This may be a name or a role title.
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What are this person’s email address and phone number?
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Does the employer also have in place:
Your hybrid working model
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Are you introducing hybrid working as your organisation’s default working model or as an optional working model that applicable staff members can opt-in to using?
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How many days per week should your hybrid workers work from your main workplace?
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Is this a minimum requirement (ie staff members may work more days than this from the main workplace) or a strict requirement?
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When working remotely, should hybrid workers work their regular hours, whichever hours they choose, or certain core hours with the remainder of their hours being theirs to choose?
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If certain core hours, during which core hours should they work?
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Applicability
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Who does your Hybrid Working Policy apply to (ie people of which employment statuses)? It may apply to any combination of: employees, interns, volunteers, consultants, agency workers, and/or other workers.
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Are any areas of work or specific roles within your organisation excluded from your hybrid working model (or excluded from being able to apply for hybrid working)?
Starting hybrid working
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If you’re introducing hybrid working as your organisation’s default working model, how long do staff members have to transition to hybrid working?
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If you’re introducing hybrid working as an optional working model, will your organisation provide the equipment that staff members need to work under an approved hybrid working arrangement?
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If a hybrid worker incurs additional costs due to their working remotely, will your organisation cover:
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Additional telephone and internet charges?
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Other reasonable work-related costs?
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If either of the above, up to what limit?
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Will you cover any additional insurance premiums that hybrid workers require in order to work from home?
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Do your hybrid workers need to have their own public liability insurance in place to cover working remotely? If so, how much does it need to cover?
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Common terms in a Hybrid Working Policy
Hybrid Working Policies communicate the rules and processes of employers’ hybrid working models. To do this, this Hybrid Working Policy template includes the following terms and sections:
The purpose of the employer’s Hybrid Working Policy
The Policy starts by setting out why the employer is introducing the Policy (ie the intended purpose of hybrid working arrangements) and by providing contact details for the employer’s key contact for hybrid working matters.
Consultation
Here the Policy states that the employer has met its obligation to consult with staff members about a proposed hybrid working model before it is introduced. The ongoing obligation to regularly review the Policy and to consult with staff members about it, and a request for feedback, are also set out.
Scope of the Hybrid Working Policy
Next, the document defines hybrid working and specifies to whom the Policy applies by reference to individuals’ employment statuses and by setting out any specific roles or areas of work within the organisation that are unsuited to hybrid working.
It’s noted that anyone that works for the employer but to whom the Policy doesn’t apply may still ask for a hybrid working arrangement and this request will be treated fairly and in line with general employment law, but not necessarily in line with the entirety of the Hybrid Working Policy.
The employer’s policy on hybrid working
This is the section that sets out what the employer’s hybrid working model actually is. For example, whether hybrid working is to be the organisation’s default working arrangement or an optional working arrangement that staff members can apply for.
It states how many workdays hybrid workers are expected to work from the organisation’s main workplace for. If hybrid working is being adopted as a default, details of the transition period for the change are set out. Additionally, this section explains how hybrid working arrangements apply to irregular hours or part-time workers. It also sets out the requirement that hybrid workers sometimes attend the main workplace on additional days (eg to attend training or big meetings).
Acceptable remote locations
Here the Policy sets out where hybrid workers can work from when working remotely. For example, somewhere that’s adequately safe, secure, and within the UK.
Making/Opting out of hybrid working arrangements
This section explains the process that applicable staff members should follow when requesting a hybrid working arrangement (if hybrid working is not your workplace’s default working model) or when requesting to opt-out of the hybrid working model (if hybrid working is your workplace’s default working model).
It also explains to staff members that they should consider whether other types of requests may be more appropriate before making a hybrid working request or opt-out request. For example, a Flexible working request, a working from home request, or a request that a reasonable adjustment be made. The appropriate methods of making such alternative requests are identified.
How the employer will handle hybrid working requests (or hybrid working opt-out requests)
Next, the Policy sets out how your organisation will deal with hybrid working requests or opt-out requests. For example, it sets out timeframes and the requirements that staff members who have made requests are invited to meetings to discuss these requests and that an appeals process is offered.
The requirements for how actual decisions on hybrid working arrangements must be made are also provided. For example, decisions must be made fairly, objectively, in accordance with equal opportunities law, and by applying the ‘Influencing Factors’ set out within the Policy in a manner that does not unfairly discriminate based on Equality Act 2010 protected characteristics.
It’s also noted that:
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requests that are also capable of constituting flexible working requests will be dealt with in accordance with the law on flexible working
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requests that constitute requests for reasonable adjustments will be treated as such
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if hybrid working is your organisation’s default working model, requests to opt-out will be allowed wherever appropriate, to accommodate for all staff members as well as possible
How a staff member’s suitability for hybrid working (or for opting-out of hybrid working) is to be determined
This section sets out the factors that can, where appropriate, be taken into consideration when making decisions about hybrid working arrangements (ie the ‘Influencing Factors’). Some examples of these include:
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whether a staff member’s role is suitable for being performed remotely
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whether a staff member has a safe and secure place to work remotely from
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what type of interaction a staff member’s role requires with colleagues
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other responsibilities a staff member may have, for example, caring or childcare responsibilities
Equipment and materials required for hybrid working
If your organisation is adopting hybrid working as its default working arrangement, this section will set out that it will cover the costs of providing and maintaining the equipment and materials that hybrid workers reasonably require to work remotely. It will also set out rules for how this equipment is to be used and handled.
If you’re adopting hybrid working as an arrangement that staff members can apply for, this section will set out the same information as above or, if you’ve indicated that you will not cover these costs, it will state that these costs and arrangements are hybrid workers’ own responsibilities.
Expenses incurred in the course of hybrid working
Here it’s set out whether or not your organisation will cover any other costs incurred in relation to staff members’ hybrid working arrangements. For example, telephone and internet charges or other reasonable costs. If any of these will be covered, you are able to specify limits to these costs here.
It’s also set out that hybrid workers should consult with your hybrid working contact person about any related tax implications and should help ensure compliance.
Insurance policies during hybrid working arrangements
This section informs hybrid workers that they should check whether working from home will affect their insurance premiums, for example, home and contents insurance premiums. It then states whether or not your organisation will cover the costs of any additional such premiums.
If your hybrid workers are required to have their own public liability insurance in place, this is also set out here, with the amount of cover required.
Tenancy and mortgage considerations during hybrid working arrangements
Next, the Policy explains to staff members that working from home may affect their mortgage, lease, Tenancy agreement, or similar, and they should ensure they have permission to work from home in relation to any of these if required (eg from a landlord, mortgage provider, or insurer).
Data protection and security
This section sets out hybrid workers’ responsibilities related to helping ensure data protection, data security, and cybersecurity. For example, they must securely store confidential papers, lock computers, and comply with the employer’s relevant rules or policies (eg a Data protection and data security policy).
Communication when working remotely
Here the Policy sets out guidelines for hybrid workers’ communication with their line managers when working remotely. For example, they should keep in regular contact about work matters as well as wellbeing. This section also sets out managers’ responsibility to ensure those working remotely are not disadvantaged by, for example, scheduling group meetings as video calls.
Health and safety for hybrid workers
This key section explains the employer’s and its hybrid workers’ responsibilities in relation to ensuring the health of safety of all staff members and others that come into contact with the employer’s organisation. For example:
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the employer’s duty to undertake risk assessments and to manage risks associated with working from home
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hybrid workers’ responsibilities to assist with carrying out risk assessments, where required
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the requirement that hybrid workers take adequate rest breaks even when working from home
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how safe use of display screen equipment (DSE) should be ensured for homeworkers
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wellbeing and mental health considerations for remote workers and available support
Terms of employment and treatment during hybrid working arrangements
This section explains the implications of staff members taking on working arrangements (either by applying for them or by not applying to opt-out of them). For instance, it’s explained that by doing this staff members have agreed to the attached conditions (eg the responsibilities outlined in this Policy), but also highlighted that these are not contractual arrangements (ie a staff member’s contract of employment or similar does not change and the employer may amend the Hybrid Working Policy).
The section points out that staff members should still follow the employer’s regular employment policies (eg a Sickness policy or Annual leave policy) and should abide by requirements in policies related to the Hybrid Working Policy (ie a Working from home policy, Health and safety policy, and/or a Lone working policy, if you have these in place). The hours that hybrid workers should work when working remotely are also set out.
Equality
Here the Policy gives some details of how the employer will uphold equal treatment and anti-discrimination rights in relation to hybrid workers. For example:
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ensuring that staff members working solely in the main workplace will not be favoured over hybrid workers for promotions, training, or other opportunities
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if any provisions in this Policy or any other policies referred to in this Policy are not applicable to a staff member covered by this Policy, equivalent provisions will be in place where applicable (eg for part-time workers)
Ending hybrid working arrangements
This section identifies that a hybrid working arrangement or the overall hybrid working model may be amended or ended by the employer at any time, but this will always be done non-discriminatively and, where appropriate, with consultation. If an individual’s arrangement is to be ended, they will be given reasons for the decision and reasonable notice of the change, and will be consulted before a final decision is reached. The usual appeals process will also apply.
The method that staff members can use to end their hybrid working arrangements (or opt-out arrangements) is also set out, as is the process for requesting to work remotely or to return to the main workplace on a temporary basis (eg for a few weeks while work is being done on a staff members’ home or while they have additional caring responsibilities).
If you want your Hybrid Working Policy to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review the document for you (or to make the changes for you) to make sure that your modified Hybrid Working Policy complies with all relevant laws and meets your specific needs. Use Rocket Lawyer’s Ask a lawyer service for assistance.
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Legal tips for employers
Consider the benefits of hybrid working and support staff members through the process
When deciding whether hybrid working is appropriate for your organisation, truly consider its potential benefits. Allowing appropriate staff members to work more flexibly and variably, in a way that suits them, is often a great way to promote their wellbeing, focus, and overall productivity. When people are happy and better able to live a balanced life, they usually work better too.
If you decide to introduce hybrid working, you should also support staff members through the transition period to hybrid working arrangements. Some aspects of the process can seem opaque and confusing (eg making arrangements with mortgage providers or insurance providers or considering tax implications) and others can pose worrying costs (eg insurance premiums or additional electricity costs). Considering individual staff members’ situations and supporting them through these hurdles (in a fair and objective manner) can help you comfortably transition your workforce to a hybrid working model.
Abide by all areas of employment law
Out of sight often means often out of mind. But when it comes to looking after your remote working staff members, it’s important not to forget that those working remotely have the same rights as those working from your workplace. This covers various areas of employment law, including health and safety, equality law, family leave and pay entitlements, and annual and sick leave and pay allowances.
You’re also required to tailor your health and safety risk assessments to take into account how individual staff members can be kept safe. Therefore, special consideration needs to be given to risks posed to remote workers’ health and safety (eg by considering mental health risks, checking remote workstations are appropriate, and ensuring that home or other remote work environments are safe).
For more information, read the FAQs above.
Understand when to seek advice from a lawyer
In some circumstances, it’s good practice to Ask a lawyer for advice to ensure that you’re complying with the law and that you are well protected from risks. You should consider asking for advice if:
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this Policy doesn’t meet your needs or doesn’t contain everything you need
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you need help meeting your consultation requirements
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you want a contractual Hybrid Working Policy created
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you need a Hybrid Working Policy that provides more detailed information about which equipment costs are covered
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Hybrid Working Policy FAQs
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What is included in a Hybrid Working Policy?
This Hybrid Working Policy template covers:
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defining hybrid working
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the employer’s hybrid working model
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who the model applies to
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how hybrid working requests or hybrid working opt-out requests can be made
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how equipment costs, expenses, and insurance are dealt with for hybrid workers
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health and safety for hybrid workers
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equality law in relation to hybrid working
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ending or altering hybrid working arrangements
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Why do I need a Hybrid Working Policy?
Implementing a working model that includes hybrid working arrangements is an excellent way for an employer to help their workforce become both happier and more productive. Allowing appropriate staff members to work partially from your main workplace and partially remotely helps them to fit various other commitments, from care responsibilities to hobbies, into their daily routines. This usually leads to more content and, consequently, more productive staff members. Hybrid working can also help staff members to work in ways that are particularly productive for them.
To embrace this increasingly common method of working, your organisation should have a Hybrid Working Policy. Hybrid Working Policies set out an employer’s rules and provisions (eg relating to safety, expenses, security, and equipment) for its staff members who are working under a hybrid working model. It also sets out relevant procedures, helping the employer and their staff members to follow these. This helps ensure that everybody knows what’s expected of them, to facilitate a smooth transition to a new hybrid working model.
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What is hybrid working?
Hybrid working is a working arrangement under which somebody spends some of their working hours working from a main workplace (eg an office, clinic, or hub) and the rest of their working hours working remotely (eg from home). A hybrid working arrangement may require somebody to work a strict proportion of their hours from each location or it may allow for more flexibility. Staff members may be required to work specified hours or may be allowed to work flexible hours. These are matters for an individual employer to decide - you can specify how your hybrid working arrangements will work in your Hybrid Working Policy.
Hybrid working arrangements may be contractual (ie involving legal changes to individuals’ contracts of employment or similar) or they may be informal (ie in line with an employment policy but not involving changes to contracts of employment or similar, so that the employer can amend them at will). This Hybrid Working Policy template allows you to create informal hybrid working arrangements. Ask a lawyer if you want help implementing contractual hybrid working arrangements.
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What is the difference between using a hybrid working model as a workplace’s default versus allowing staff members to apply for hybrid working arrangements?
When making your Hybrid Working Policy, you can choose to either:
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make hybrid working your workplace’s default working model, so that all applicable staff members are expected to work in line with your hybrid working model unless they’ve successfully submitted an opt-out request, or
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leave your workplace’s current default working model in place (eg always working from an office) but allow applicable staff members to request to work under your new hybrid working model
It’s particularly important to support staff members through the transition to hybrid working if you’re implementing hybrid working as a default working model. For example, it’s less likely that leaving staff members to bear costs associated with hybrid working will be reasonable, and support should be given where required if a staff member is struggling to obtain permission from others (eg a landlord) to work from home.
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How do I introduce a hybrid working model?
The Acas guidance on requests for home and hybrid working tells employers to consult with affected staff members before adopting or altering hybrid working models. This means that, before making and adopting a Hybrid Working Policy, you should discuss your plans with staff members and encourage their feedback. Make sure you take any feedback into account. You should also consult with any of your staff members’ appropriate representatives (eg trade union representatives).
Consultation could take the form of, for example, carrying out surveys, holding meetings, sending emails requesting feedback, and/or trialling hybrid working on a temporary basis. For more information, read the Acas guidance on holding a consultation.
Remember to also consult staff members about your hybrid working model at regular intervals and, in particular, before making any changes.
Once you’ve decided to introduce a hybrid working model, make sure you communicate this and the details to your staff members.
If you’re introducing hybrid working as your workplace’s default working model, it’s also important to have a transition period during which staff members can prepare for and take steps towards working under the new model. For example, by obtaining necessary equipment and informing relevant parties (eg landlords). This Hybrid Working Policy template allows you to specify a transition period. Make sure you provide long enough, for example, 3 weeks. The Policy also sets out that you’ll extend the transition period for any applicable staff member if they’re waiting on permission to work from home, still ensuring their homeworking environment is appropriate (eg safe and secure), or waiting for a hybrid working opt-out request to be resolved.
Make sure, in addition to the above, that you follow the processes set out in the Hybrid Working Policy. For example, by treating requests for hybrid working or to opt-out of hybrid working fairly and in line with the specified timeframes.
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Who can work under a hybrid working arrangement?
An employer can decide which of its staff members can work under hybrid working arrangements. They can decide both:
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whether any specific job roles or areas of work are excluded from a hybrid working policy, and
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whether to approve or deny individuals’ requests to adopt hybrid working arrangements (or to opt-out, if hybrid working is your workplace’s default)
In both cases, decisions should always be made fairly and objectively and based on legitimate aims. For example, as a proportionate means of protecting legitimate business interests or of ensuring health and safety. For example:
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certain roles may need to be performed solely from a main location to enable a business to function, eg receptionist, food service, cleaning, or medical roles
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it could be inappropriate for some individuals to work from home if them performing their job in their home environment poses a risk to their health and safety or to others’ (eg customers’) rights (eg if a home environment isn’t sufficiently secure to protect customers’ data protection rights)
Ensuring that all decisions about who can follow a hybrid working arrangement are proportionate means of achieving legitimate aims, and are not otherwise discriminatory, helps an employer to abide by equal opportunities and anti-discrimination laws (eg the Equality Act 2010). For more information, read Equal opportunities and discrimination.
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Who covers costs associated with hybrid working?
An employer can choose whether or not they will cover costs incurred by their staff members’ hybrid working arrangements. Such costs may include:
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additional internet and telephone charges
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other costs associated with working from home, eg electricity costs
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additional insurance premiums
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the costs of equipment required to allow staff members to work from home (eg monitors or desks and chairs)
It’s often appropriate for an employer to cover these costs when they introduce hybrid working as an option for their staff members. Covering the costs can help retain a positive relationship with staff members. If an employer adopts hybrid working as a default working model (ie when staff members are expected to hybrid work unless they opt-out), it’s unlikely to be appropriate to require staff members to cover all of the costs of this working model (although electricity costs and similar will usually be covered by staff members).
This Hybrid Working Policy lets you specify which costs you will cover and up to what limits. Regardless of what you choose to cover, the Policy also encourages staff members to raise any concerns they have about transitioning to working remotely, so that you can consider additional requests for financial support on an ad hoc basis.
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Do staff members need permission from other parties to work from home?
Staff members may require permission from various third parties to enable them to work remotely (particularly from home). For example:
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mortgage providers
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insurance providers
Where permission is required, this should be obtained before a staff member starts working from home. You should support staff members through the process of checking documents (eg Tenancy agreements or insurance policies) to see whether permission is required and of obtaining relevant permissions, where appropriate.
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What other legal rules do employers and staff members need to follow during hybrid working arrangements?
Various areas of law apply to how hybrid workers work and to their employer’s responsibilities in relation to them and their work.
Employers should always abide by equal opportunities and anti-discrimination laws. This includes:
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not discriminating when making decisions about hybrid working
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equal treatment of staff members who are working from a main workplace in comparison to those working remotely. For example, by making sure both are given equal priority for opportunities like promotions, training, and bonuses
Employers’ health and safety duties towards their staff members and others who come into contact with the employer’s organisation continue to apply when staff members are working remotely. Make sure you meet these duties by, for example, ensuring staff members work from a safe space at home, have safe display screen equipment (DSE) set-ups, and take proper rest breaks. For more information, read Employer health and safety responsibilities for staff working from home.
An employer must also ensure that data protection compliance and data security and cybersecurity are upheld when staff members are working remotely. For example, they must ensure that staff members work in suitably secure spaces and that they are aware of and follow clear data protection and data security practices.
Most staff members also have a right to work no more than 48 hours per week on average. This applies across all of their jobs, if they have multiple. Staff members can formally opt-out of this limit. As an employer operating hybrid working arrangements, it’s important that you keep track of your staff members’ working hours well enough to ensure you are upholding this right. For more information, read How to opt-out staff from the 48-hour week.
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Do employers have to offer hybrid working?
Employers do not have to offer their staff members hybrid working arrangements. Choosing to do so can be a great way to help a workforce to work in a more productive manner, but it is up to individual employers what they offer. Remember that, even if you do offer staff members the opportunity to apply for hybrid working arrangements, you need not approve all requests. If you have a legitimate and fair reason for refusing a request, you can do so.
However, employers must always follow the law on flexible working. For example, if an eligible employee requests a flexible working arrangement (eg different hours with some homeworking, like a hybrid working arrangement), the employer must at least consider the request and must treat it in a specified way. Informal flexible working requests (eg those made in excess of an employee’s right to make up to 2 formal requests in a 12-month period) should also be treated fairly. For more information, read Flexible working.
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