Copy article

Companies U-turning on flexible working

ended 12. October 2022

A barrister on Newspage, Tahina Akther, made an interesting observation today (as barristers are minded to do). She says she is seeing an increase in enquiries from employees who accepted jobs on the basis of being able to work flexibly and are now finding that their new employers are shifting the goalposts. She has a client whose new employer had promised them they could choose how many and what days they worked in the office as they understood that the client has childcare commitments. The client is now being told by the employer that they have to work three set days in the office or face losing their job.

  • Are you seeing signs of companies slowly (or rapidly) reneging on flexible working policies, as per above?
  • What are your rights as an employee if your employer demands you attend the office more regularly than what is stated in your contract? Can you just refuse? But what are the potential ramifications if you do, e.g. overlooked for promotion?
  • If your contract has nothing that stipulates you have the right to WFH, do you have to simply comply with your employer's wishes if they suddenly change their approach to flexible working? Is it a case of tough, do as your employer says?
  • What are the risks for companies of reducing (or removing altogether) flexible working policies? Loss of staff and morale?

Any other thoughts, jot them down. We'll be issuing this story to the national media tomorrow morning.

11 responses from the Newspage community

Copy all

Copy

The “Great Renegotiation” has begun. Employers are finding that productivity rates and business effectiveness are damaged by employees who work entirely remotely or spend most of the week at home. The initial benefits of reduced travel costs, childcare flexibility and finishing on time for the gym have been abused and replaced by employees going for haircuts during the day, having a lie-in beyond their start time, catching up on TV or even no longer sending their children to nursery and “multitasking” instead. Something has to give, but contractually some employees now have the “right” to be 100% remote. If a contractual agreement has been made, lucky you, as you’re protected; but if you’re just pushing your luck with WFH then the game is up as employers push to protect their businesses during very difficult trading conditions. The “Great Negotiation” is here so get a new agreement, leave your job or don’t be surprised if you’re no longer flavour of the months and flying up the career ladder.
Copy

I understand employers' preference for having staff working in the office. However, employers should be aware of the UK's current labour shortages. And, I suspect that those employers that don't fully accommodate their employees' wish for flexible working will find themselves with very high staff turnover and may struggle to replace those 'lost' workers.
Copy

The tide appears to be turning for those employees that have been riding the WFH wave for the past couple of years. Crucially, whatever your employment contract states is what you are contractually obliged to do. If you don't, or are currently not, you are potentially in breach of contract. Companies will do whatever is needed to keep their businesses flourishing in choppy economic waters and employees that want a contractual arrangement that offers full time WFH may struggle at the moment. We seem to have gone full circle again. Both employees and employers need to find a compromise or both will have to deal with the harsh consequences that arise.
Copy

I've recently faced a similar situation with a contract client for an Interim Marketing Director role - the flexibility that was promised was not delivered. There is a shift in expectations from employers / clients when it comes to WFH - more & more are requesting on-site work (even if there is little need for it).
Copy

We work closely with companies on hybrid working and we do see a lot of dissonance on this topic. Many people are citing that they have a right to work at home but others, particularly senior leadership, feel differently. It may not necessarily be reneging on the decision but just the realisation that for team-building, training and customer service, more attendance at work is required. Currently, it is all about the terms of your contract and many people did not have their contracts changed after lockdown to reflect hybrid working arrangements. They may have something in writing from the employer but not a formal flexible working arrangement. However, best practice would state that if employees can demonstrate that remote work is a valid option due to the fact that they have been doing it for a long time, it should be allowed. Of course, employers could put their foot down and enforce contracts, but this would not bode well for attracting and retaining staff. However winter could deliver a home working curveball, as more people may choose to return to the office to reduce their heating bills.
Copy

I think companies are definitely starting to change the goalposts when it comes to working from home and working flexibly. Having said that, candidates are king in the job market at the moment so employers are walking a dangerous tightrope if they don't deliver on flexible working. Employers may well find themselves needing to meet the demands of their workforce in order to retain their staff. Not doing so risks losing them to other employers who will be eagerly waiting in the wings.
Copy

Martin Delany
CEO at BuzzHubs
It may be disappointing but certainly not surprising that as the balance of power shifts from employees to employers, there are changes in the terms and conditions being offered to staff. The fact is, though, that the world of work has changed and those adopting a 100% work from the office strategy will see their best people vote with their feet and leave. Numerous studies indicate working from home and hybrid working can actually help productivity, not harm it, yet there are still a lot of people making decisions based on a perception rather than the reality. And those that have internal data showing WFH as less productive are probably not comparing apples with apples. When you are looking at data for staff working in the office, you are looking at a model that has been honed over many years and then comparing this to WFH, with little done to adapt to a new way of working. It's possible to achieve a much higher productivity level with flexible working, but only if you re-look at how you work and embrace new technologies that are designed specifically to help companies with people working from different locations. Those companies that are risking lower staff morale and a resulting decrease in productivity by reducing flexibility would be better placed finding a solution to make hybrid/WFH effective, and that isn't operating as they did before but signing up for Teams and Slack and hoping for the best.
Copy

The future of work is flexible, but not the kind of flexibility that gets tripped out by the 4-day week brigade or the flex appeal narrative that pops up when people try to pass off part-time or hybrid working as flexible. Flexible working policies are failing because, fundamentally, they are not flexible and hold zero value to the business and are therefore unsustainable. This is why current flex work policies are not lasting long term, resulting in the issues we see today with 'back tracking' on offers and last minute contract changes. I recently spoke to The Senedd and the APPG on the Future of Work about how Outcome-based working is the Ground Zero Model for true flexible working. Why? Because it is the only way to prove the business case for offering flexible working opportunities to people, whilst also benefitting the business. When outcome becomes the flexibility driver, businesses get to see the agility of moving from fixed cost models to a variable one. This has the added benefit of helping companies and their staff survive the next pandemic, cost of living crisis, recession, and also benefits from a massive increase in productivity, inclusivity and diversity of thought and leadership, which sparks growth. A true win win. The world of work has been looking at how we work through the wrong lens. We need to make the adjustment now from 'flexible' to 'outcome' and reap the benefit of reducing overheads, thus realising an increase in outputs and growth, which will revitalise a burnt-out and undervalued job market.
Copy

Positively, we're still seeing clients embracing the hybrid model as it's working both for them and their staff, but our advice for both parties would still be to get any contractual changes agreed in writing. 90% of the time, in the first instance it will all be down to the contractual paperwork. From an employee perspective, if you agree something with your employer on any change relating to your employment contract, then ensure you get it in writing. If you have nothing in writing and they change their mind, it's your word against theirs and contractual agreements will usually stand.
Copy

Companies should not be afraid of flexible work. Glassdoor analysis of hundreds of thousands of reviews by UK employees found that workers who discuss flexibility and hybrid work are significantly more satisfied than their counterparts. So much so that employees without flexibility are twice as likely to apply for a new job. With hiring likely to remain challenging through this year and into 2023, offering flexibility will help to attract and retain talent. One in 2 people working flexibly say they are more productive, and the vast majority (64%) say they have better work-life balance and are generally happier. But flexible working needs to be properly supported by employers as our studies also show that hybrid employees are at risk of disconnection and career stagnation. There is no single model for hybrid or flexible work: success depends on creating a framework that carefully considers the needs of the business and its employees.
Copy

The main reason I co-founded Sheer Edge was due to the fact that flexible working was not a viable option when I had my son almost seven years ago. Given that the pandemic surely proved many individuals could manage their working time effectively in a remote/flexible capacity, I really struggle to see why employers would renege on supporting their teams to work in a way that would suit them and ultimately the business they work for. High staff morale equals productive teams equals a profitable business. It's a simple equation in my book so why revert to Dickensian work practices? All of our team work remotely and we are proud to be able to support this nature of flexible working for all.