Considering introducing Hybrid working?

As hybrid working continues to gather popularity, this article will be the first in a series exploring the pros and cons, how to implement it, and options for the companies that can’t.

What is hybrid working?

Hybrid working is where staff conduct a mixture of working from home and from the office. Whilst it is not a new concept, as the option to work from home through flexible working existed prior to the pandemic, it is something that has become much more popular in recent times. Staff that have successfully worked from home during the last 12 months may want to continue doing so going forward and respond poorly to a full-time return to the workplace. Hybrid working could therefore be a compromise for this, permitting staff to work form home whilst also maintaining a degree of office attendance.

Benefits of hybrid working

Guidance across Britain remains that staff should work from home if they can, however organisations may be expecting some push back from employees when they are asked to return to the workplace and indeed could already have seen this last year. As we emerge out of the pandemic, employees may be increasingly thinking about their long-term career goals, and flexibility in their jobs could be a key aspect of this. Hybrid working could therefore be a solution to this issue.

The increased flexibility with hybrid working could be well received by employees, helping them to better work towards a work-life balance, something that is becoming increasingly popular with a modern-day workforce. This could be crucial in maintaining morale and staff retention as we go forward, especially if employees are still anxious about a full-time return to the workplace.

It should also be remembered by organisations that if they do not explore hybrid working options, their competitors may be willing to do so, something that could deprive them of otherwise valuable members of staff.

Cons of hybrid working

Of course, hybrid working isn’t a perfect solution for all businesses, and indeed some may see more drawbacks than others. For example, some roles may be difficult to undertake from home, even on a part-time basis, and managers will need to take this into account. There is also the issue of staff feeling more isolated when working from home, although hybrid working may go towards mitigating this issue.

Staff may also be more difficult to manage remotely, with the potential encouragement for them to see the days they aren’t in the office as days where they need to work less hard. To this end, it will be important for management to monitor staff in these situations and be prepared to take further actions should there be issues in productivity, which we will explore in the next article.

It should be remembered that not all staff may want to go down the hybrid working route, and indeed may feel very demotivated by a move to do so.

Conclusion

In all, the introduction of hybrid working comes with varied pros and cons, but it is something that many organisations may increasingly be looking to introduce.

Shielding to end on 1st April

Due to the reintroduction of lockdowns across Britain, shielding returned in England, Scotland and Wales. However, it has now been confirmed that it will once again be paused in the coming weeks. 

As part of the Prime Minister’s roadmap out of England’s lockdown, it was announced that clinically extremely vulnerable people should continue to shield until the end of March 2021. This has been further confirmed by the Health Secretary, Matt Hancock, at a press conference on 17th March 2021. At this conference he clarified that shielding would end in England from 1st April 2021. He also announced that in the next two weeks letters will be sent to those on the shielding list asking them, even though shielding is ending, to keep social contact at a minimum and stay at a distance from others.

In Scotland from 26th April 2021, people who are shielding can return to work where homeworking is not possible. Similarly, the Welsh Government has confirmed that, from 31st March 2021, shielding measures are to be paused. This means that those who have previously been advised to shield can return to work if they cannot work from home, as long as the business is Covid-secure.

Shielding was first introduced on 29th March 2020 for clinically vulnerable people as a measure to both protect said individuals and relieve pressure on the NHS at the peak of the pandemic. Those advised to shield were told to stay at home as much as possible and not to attend work, even if they were unable to work from home.

Organisations may be faced with further questions from affected employees about possible arrangements that can be made in light of their impending return to the workplace. We advise that organisations should:

  • prioritise homeworking, where possible – the guidance in England, Scotland and Wales remains that people who can work from home should do so. The review date for homeworking guidance is still unknown so organisations should prioritise this for as long as is necessary
  • take the time to listen to employees’ concerns and act accordingly, in a manner that benefits both the employee and the business as a whole
  • if homeworking is not possible, remember that the furlough scheme has now been extended until the end of September 2021 so consider putting affected staff on furlough. Organisations can do this if there has been a decline in business demand; otherwise, staff can be put on statutory sick pay
  • if returning staff to the workplace is a necessity, publish risk assessments online that show measures the organisation is taking to prevent a coronavirus spread
  • reassure staff who are shielding that the workplace is Covid-19 secure by communicating the reasonable adjustments put in place to protect them.

In the workplace, organisations can implement the following provisions before returning shielded staff to work:

  • avoid face to face seating arrangements in the office by changing office layouts
  • change shift patterns to reduce the number of staff on duty at any given time
  • make virtual communications a means of conducting training or meetings
  • put in place rules for managing social spaces/communal areas
  • promote regular hand washing, sanitising and workspace cleaning
  • being more attentive to staff mental health.

Reassuring staff

It is advisable for organisations to send out letters and/or emails (to personal email addresses) detailing each employee’s proposed return date, the steps being taken to keep them safe, and offer opportunities for employees to express any concerns that they may have – or to request alternative working options.

The appointment of a communications coordinator could help towards managing the resulting impact of this as it assures staff that the business is dedicated to making sure they are well considered. This could also help to ensure that the business is aware of any problems with shielded employees who have been contacted about returning to work. This too will facilitate informed decision making on the part of the employer and gives affected employees a point of contact for any return to work queries.

Constructive unfair dismissal may arise if an employee who returns to work is forced to resign because the employer has not reasonably supported their transition. Supporting an employee’s transition from having to shield to returning to the workplace can vary from ensuring that Covid-secure measures that especially protect those who are clinically extremely vulnerable are in place, to making sure they are kept up to speed with anything they may have missed whilst they were gone (to ensure that they can carry out their role effectively from that point onwards). Shielders who return to work may also require further ongoing support and adjustments over time.

Making staff redundant

A survey of 6,000 people conducted by Citizen’s Advice Bureau has shown that those who are shielding, or have shielded in the past, are twice as likely to be made redundant than any other employee. Organisations should be aware that making clinically extremely vulnerable employees redundant simply because they are/were required to shield may give rise to successful claims of unfair dismissal. Redundancy situations occur where the need for a particular role has either ceased or diminished, not because an individual is unable to perform their role for any reason – including the requirement to shield.

Instead, organisations can find alternative ways to manage the situation – eg homeworking, using annual/unpaid leave, or furlough. If organisations have no other option but to render a role being carried out by a shielder redundant, they must ensure that they follow a fair procedure and potentially make adjustments to this procedure for those who are disabled.

Where disability is concerned, organisations should keep in mind that some clinically extremely vulnerable people may also be classed as being disabled under the Equality Act 2010, thus potentially giving rise to additional claims of disability discrimination if a fair procedure is not followed.

In summary

Organisations should prioritise homeworking, furlough, or statutory sick pay and take the specific circumstances of an anxious employee into consideration before taking the decision to return them to the workplace. Where there are multiple employees shielding, there cannot be a ‘one size fits all’ approach to returning them back to work as each employee will have different reasons for being concerned about returning – or some none at all. For example, one flexible working arrangement will not always work for everyone.

Organisations will have to communicate effectively with each affected employee to ascertain how best to move forward in ways that benefit both the employee and the wider business.

Furlough scheme extended to the end of September 2021

The Job Retention (furlough) Scheme was originally established in March 2020 to assist organisations with retaining staff through business restrictions put in place as a result of the coronavirus pandemic. Since then, it has been extended numerous times in response to the developing situation with the virus. Now, with plans for reopening businesses over the next few months being announced across the UK, the government has confirmed that the scheme is to be extended again, this time until 30th September 2021.

As before, furloughed workers will still get 80% of their wages for the time in which they do not work, subject to a monthly maximum. However, from July, the government will start reducing their contribution to the scheme, similar to the way they started to phase it out last year before it was extended at the end of October.

From July 2021, the government will contribute 70% of wages for unworked hours, with organisations asked to provide the remaining 10%. In August and September 2021, they will contribute 60%, meaning organisations must provide 20%.

If all goes to plan, this news means that the furlough scheme will remain an option for eligible organisations even after the lifting of all lockdown restrictions in England on 21st June, something that may occur sooner in Scotland and Wales but has yet to be confirmed. Presumably, this is to assist organisations in gradually working towards pre-pandemic normality whilst also allowing for any delays to England’s roadmap out of lockdown that may occur if the government’s tests for easing restrictions, at any stage, are not passed.

 

Plans for lifting the current lockdown revealed

Prime Minister Boris Johnson has set out his plan for lifting the current lockdown, balancing continued caution with the need to restore freedoms and boost the economy.

Data not dates will be the watchword, Mr Johnson said, so the possibilities listed below are all subject to change if evidence shows that new problems have arisen.

Four tests

In addition, the lockdown will be lifted in stages subject to the following tests:

  • the vaccine rollout continues to be successful;
  • the number of hospital admissions and deaths continues falling;
  • pressure on the NHS does not reach un acceptable levels; and
  • consideration is given to the impact of any variants of the virus.

Four steps to leaving lockdown

To allow for proper assessment of the impact and to allow people time to prepare, there will be “at least” five weeks between each of the following four steps:

Step one

Step 1 from 8th March 2021 will be focused on schools. Pupils in all schools and further education settings will return to face-to-face teaching with breakfast and after school clubs reopened together with sporting activities for children “where necessary to help parents to work”.

One person from outside someone’s household can be met socially outside the home and preparations will go ahead for elections to take place on 6th May. In addition, every care home resident will be able to nominate one visitor from 8th March.

From 29th March 2021 , the rule of six will return (including in private gardens). Tennis and basketball can resume and outdoor pools reopen. People must still work from home if possible but there will no longer be a legal requirement to stay at home.

Step 2

Step 2 from 12th April will mean, if the above is working and passing the four tests, that hairdressers, nail salons, non-essential retail, gyms, libraries and holiday lets can re-open. Pubs and restaurant can open for outdoor service with no curfew and no requirement for alcohol to be accompanied by a scotch egg or any other substantial meal.

Step 3

Step 3, no earlier than 17th May, will see the return of the rule of six for indoor meetings with groups of up to 30 allowed in outdoor settings. Pubs and restaurants can resume serving indoors and theatres, cinemas and concert halls will reopen as will some sports stadia (up to 10,000 people or a quarter of the stadium’s capacity, whichever is the lowest). Up to 30 people can attend weddings, receptions, funerals and wakes.

Step 4

Step 4, finally, and no earlier than 21st June, the last restrictions will be lifted including on weddings and nightclubs. However, the removal of restrictions on large events and performances may involve using testing to reduce the risk of infection.

All organisations need to know about Covid vaccines

The UK has now approved three vaccines for COVID-19 and the government is currently in the process of offering it to the public according to its priority based strategy.

However, with the government dedicated to offering a vaccine to all adults by the autumn, and carrying the message that getting a vaccine represents the best chance of returning to some form of normality, organisations may be wondering what the implications of the vaccines are.

To what extent will these vaccines allow a return to normal working conditions?

It remains to be seen how quickly vaccines will permit coronavirus restrictions to be lifted and employers will need to keep up to date with all guidance coming from the government. It should be remembered that it is likely to take some time to vaccinate the entirety of the UK population, meaning that we may yet need to live under certain levels of restriction for some time. That said, as more people are vaccinated, it can be assumed that the government will consider lifting certain restrictions gradually.

Can the vaccine be offered as a work perk in the same way as the flu vaccine often is?

It has yet to be confirmed if the vaccine will become available privately. Given the extreme demand for its usage worldwide, current commentary from the government suggests that it will monitor carefully how and when it is distributed. That said, as more people are vaccinated, and COVID-19 hopefully becomes less of a threat, companies may be presented opportunity to seek private vaccinations, especially if vaccines need to be administered more than once.

Can organisations legally oblige employees to get the vaccine before returning to work? If so, how can this be enforced?

The government has not chosen to make COVID-19 vaccine mandatory. Despite this, there may be some industry sectors that may implement a requirement for its staff to have the vaccine for safety reasons. This may apply to operators in the care sector where maintaining social distancing and adhering to other safety measures is not possible.

In workplaces that do not involve care, such as offices or retail, it may be considerably more difficult to try and put in place such a restriction because of the ability to have employees working from, or maintain social distancing in other ways to mitigate the risk. In addition, there could be a number of reasons why employees do not want to take the vaccine; they may have been advised not to due to a pre-existing medical condition, or due to their religious beliefs. If employees are subjected to a detriment as a result of this or other such reasons, the organisation may face a costly discrimination claim.

How should organisations approach the vaccine issue?

The most appropriate course of action for employers appears to be to encourage staff to have the vaccine through awareness campaigns, focusing on the benefits for doing so. It should be made clear to staff through policy that whilst they will not be forced to take it, there are a significant number of benefits for doing so.

It should also be considered if external trainers may be required to further explain why the vaccines are safe and effective. Alternatively, employees can be encouraged to make an informed decision about having the vaccine by reading information from official sources, alongside a cautionary note to verify the source of their reading matter due to the existence of uncertified information.

Employees should also be reminded to treat their colleague with respect regardless of their decision over having the vaccine.

New National Lockdown and School Closures

The start of January usually means the start of a new term in schools. However, the continued escalation of the coronavirus pandemic has resulted in a number of changes to the expected return of pupils to schools across the UK, a situation that is constantly changing.  From Tuesday 5th January the government have enforced a new national lockdown and have closed schools for all children with the exception of vulnerable children and children of critical workers. Nurseries can remain open to all children.

In England all primary and secondary schools, along with colleges, must now stay closed until 15th February.

In Scotland schools are open for children of key workers, however they are to remain closed across the country, including on the islands, until at least 1st February.

In Wales schools are also currently open for children of key workers, with a phased return expected from 11th January. All pupils are expected on 18th January.

Many of you may be wondering what this means for you as an employer?

Where a parent is not self-isolating but are faced with unforeseen childcaring issues, they are legally entitled to unpaid time off for dependants. The employment right to this time off is intended to be for unforeseen emergencies only, of which the coronavirus will likely fall under. The law stipulates that time off for dependants can be taken specifically where a dependant has either fallen ill, is injured, or is assaulted.

Other circumstances in which this time can be taken include where arrangements for the provision of care of a dependant need to be made, where normal arrangements have been disrupted. This would include the unexpected closure of an employee’s child’s school. Currently, there is no qualifying service period required to entitle an employee to take time off work of this nature so employees who have just started a new role can still take this time off.

If parents are to take time off for dependants, they should be aware that, aside from the fact that it is unpaid, they are required to inform their employer as soon as reasonably practicable about the absence, the reason for it and the anticipated length. Organisations should not reasonably refuse this time off. Employees have a right to take a ‘reasonable’ amount of time off, which is generally taken to be up to 2 days per instance. This is because the point of the time off is to make other arrangements for childcare, rather than time off actually to look after the child. However, employers may want to consider the coronavirus situation when establishing principles around a ‘reasonable’ amount of time.

Where it is clear that a longer period of time off may be needed, organisations may find it beneficial to open up communication with employees about how an extended period of time off will be dealt with. It may be that employees are permitted to work from home where possible, or a temporary period of other flexible working options arranged. It should be remembered that working parents can also be furloughed in response to childcaring issues where necessary. However, there is no right to be furloughed; it is used at the employer’s discretion.

 

Furlough scheme extended further

Chancellor Rishi Sunak has announced that the furlough scheme is to be extended until the end of April 2021 with the Government continuing to contribute 80% towards wages.

In a move to ensure firms can access the support they need through continuing economic disruption, Mr Sunak also confirmed that he would be extending the Government-guaranteed Covid-19 business loan schemes until the end of March.

These changes come ahead of the Budget, which the Chancellor has confirmed will take place on 3 March 2021.

This will, he said, deliver the next phase of the plan to tackle the virus and protect jobs, so the extensions to the business loan and furlough schemes enable businesses to plan with certainty and access support in the first few months of the New Year ahead of that further update on wider Covid-19 economic support.

The eligibility criteria for the UK-wide scheme will remain unchanged and these changes will continue to apply to all Devolved Administrations.

The Chancellor said he would review the employer contribution element of the Coronavirus Job Retention Scheme (CJRS) in January, but decided to bring this forward to allow businesses to plan ahead for the remainder of the winter and the New Year.

The Government will continue to pay 80% of the salary of employees for hours not worked until the end of April, he confirmed.

Employers will only be required to pay wages, National Insurance Contributions (NICs) and pensions for hours worked, and NICs and pensions for hours not worked.

The loans available until the end of March are the Bounce Back Loan Scheme, Coronavirus Business Interruption Loan Scheme and the Coronavirus Large Business Interruption Loan Scheme.

These had been due to close at the end of January.

The Treasury has pointed out that extending the CJRS until the end of April gives businesses certainty well ahead of the 45-day redundancy notice period, with the Budget setting out the next phase of support more than 45 days before the new end date of the scheme.

Shorter Self-isolation periods introduced across the UK

The government has confirmed that self-isolation periods in England, Scotland and Northern Ireland are to be shortened to 10 days from Monday 14 December.

The UK government has confirmed that this change will also be extended to the rest of its nations; England, Scotland and Northern Ireland.

This change means that those who has come into close contact with someone who has tested positive for coronavirus will now need to self-isolate for a period of 10 days instead of 14. It also includes those who are quarantining after returning from a high-risk country. Currently, isolation periods for those who test positive is 10 days, and this is to remain the same.

Anyone who is currently self-isolating will be able to end their quarantine if they hit this 10-day mark from Monday, and will therefore not need to complete the full 14 days. However, if they do start to show symptoms in this time, or test positive for coronavirus, they will need to isolate for a further 10 days from this date as usual.

In a joint statement, the four UK chief medical officers (CMOs) have outlined that this decision came following a review of the evidence, saying that they are ‘confident’ self-isolation periods can be reduced in these circumstances.

Organisations will now be able to ask staff back into work after 10 days instead of 14, which will certainly help to reduce the impact of them not being able to come into the workplace for this period of self-isolation. Whilst staff that cannot work from home during this time will still be entitled to receive statutory sick pay (SSP), this will be shortened to 10 days instead of 14.

It should be noted that this will now apply across the UK, regardless of local restrictions. It is also understood that the NHS Test and Trace app will not be updated until Thursday. Because there will be a time-lag before it updates, anyone who has been advised to isolate by the app can leave isolation if their countdown timer hits three days between Monday and Thursday.

A return to the three tier system

With the current national lockdown in England now ended on 2 December, the Prime Minister has confirmed a return to the three tier system.

The Government has now launched an online tool where it should be possible to enter a postcode to confirm the relevant tier, which can be found here.

A full list of areas and the tiers to which they have been allocated is available here.

According to the Health Secretary, allocation to a tier is based on: Case detection rates in all age groups; Case detection rates in the over 60s; the rate at which cases are rising or falling; positivity rate (the number of positive cases detected as a percentage of tests taken); and pressure on the NHS.

Tier 1

There are very few regions in Tier 1 (medium alert): Cornwall, the Isle of Wight and the Isles of Scilly.

Tier 2

Within Tier 2 (High alert), the most notable entries are all 32 boroughs of London (plus the City) and Liverpool City Region (thanks, presumably to the enhanced testing trialled there).

Cumbria and Warrington and Cheshire join Liverpool in Tier 2 as do York, Worcestershire, Northamptonshire, Cambridgeshire (including Peterborough), East and West Sussex, Surrey and Windsor and Maidenhead.

Much of the South West is also in Tier 2 including Dorset, Bournemouth, Poole, Christchurch, Gloucestershire, Devon and Wiltshire and Swindon.

Tier 3

Turning to the Very High alert Tier 3, we find most of the North East including Middlesbrough, Sunderland, Newcastle upon Tyne, County Durham, Gateshead and Northumberland.

In the North West, Greater Manchester, Lancashire, Blackpool and Blackburn with Darwen all come under Tier 3 restrictions as do, on the other side of the Pennines, The Humber and West and South Yorkshire.

Much of the Midlands will also be in this tier: Birmingham and Black Country, Warwickshire, Coventry and Solihull, Staffordshire and Stoke-on-Trent in the west while in the east Nottingham and Nottinghamshire, Derby and Derbyshire, Leicester and Leicestershire and Lincolnshire are all included.

In the South East, only Slough and Kent and Medway fall into Tier 3 while the South West sees Bristol, South Gloucestershire and North Somerset included.

The measures will be reviewed every fortnight, Mr Hancock said, with the first full review to be completed by 16 December.

Furlough scheme extended

Only a few days ago we reported on the Chancellor’s decision to extend the Coronavirus Job Retention Scheme (CJRS) as a result of the Government’s decision to take England into a second lockdown.

On 5th November, the day the new restrictions came into force, Rishi Sunak was back in the House of Commons explaining to MPs that he was now planning to offer ‘significant extra support to protect jobs and livelihoods in every region and nation of the UK’.

The CJRS will now run until the end of March 2021 with employees receiving 80% of their current salary for hours not worked. In addition, the next self-employed income support grant will also increase, from 55% to 80% of average profits – up to £7500.

The Government will not pay the Job Retention Bonus in February, as previously announced, but instead redeploy a retention incentive ‘at the right time’.

There are currently no employer contribution to wages for hours not worked.

Employers will only be asked to cover National Insurance and employer pension contributions for hours not worked. For an average claim, this accounts for 5% of total employment costs or £70 per employee per month.

It should be noted that the CJRS extension will be reviewed in January to examine whether the economic circumstances are improving enough for employers to be asked to increase contributions.

The Job Support Scheme has been postponed.

CBI Chief Economist, Rain Newton-Smith, said: ‘Extending the tried and trusted Job Retention Scheme will give companies the certainty and stability they need to help safeguard thousands of jobs into March. Sectors and supply chains under the greatest strain may need more tailored support in the coming weeks.’