Doing hybrid legally (ep 15)

As working arrangements start to settle down (Omicron variant notwithstanding!), what do employers and employees need to be aware of from a contractual point of view? Every contract of employment in the UK needs to state the “place of employment” – so if an organisation is embracing hybrid working, do those contracts need to change?

What about if an organisation does, or does not want to encourage employees to come into the office – how do both parties stand legally? If they want to reduce office space and take advantage of more people working from home, what are the rights of staff that want to work in the office? And can employers compel staff to come in if they are convinced that’s where they do their best work?

Another minefield that should not be underestimated is where an organisation has employees that have decided to base themselves in another country. This can result in the employer having obligations and responsibilities under the employment or labour laws of that country as well as the home country.

The best defence is to be aware of the situation to mitigate any risks and not assume that whatever you want to do will be fine. Nobody wants to end up in court or a tribunal (and this can happen very quickly in some countries), particularly as there isn’t a huge amount of precedent associated with the new world of work we’re living in.

Featured guest:

• Hannah Crisp, Senior Associate – Employment, Allen & Overy LLP (UK)