Flexible Working – The New Normal?
One of the unexpected consequences of the pandemic for employers has been the rapid adoption of flexible working policies, including within industries who previously may not have embraced flexible working. In particular, this has been triggered by lockdowns and the requirement to self-isolate for extended periods of time.
But, what if employers now wish to revert back to pre-COVID working environments where the workforce worked predominantly from the business premises?
We recommend business owners consider the following:
1. Existing policies in place
The starting point is to look at any existing policies that the employer has in place about flexible working. Are those policies permanent or were they temporary? Was the flexible working arrangements established on a trial period basis? Have employment agreements been changed to create permanency around the employee’s location of work? We recommend touching base with your employment lawyer so you understand your business’ current platform in relation to flexibility.
2. Consider the needs of the business
Some employers can be quick to react and require their team to return to work premises, without properly considering the why behind that decision.
We strongly recommend employers critically consider the drivers behind looking to require their employees back into the workplace. This would include purposefully identifying the positives about being in a shared workspace that creates success for the business as well as the pitfalls of having employees work remotely.
3. Consider the needs and preferences of the team
There is significant research which supports the view that putting People First creates a highly engaged team and increases productivity.
In the context of the pandemic and flexible working, taking a People First approach would involve talking to the team and considering what each individual team member’s preferences are when it comes to flexible working. For many, the increased flexibility around working location has been a huge benefit, and many employees will not readily wish to return full-time to the workplace.
Part of this process of engaging with the team would also involve considering the why in order to understand, from the team’s perspective, what the team values in relation to flexibility as well as shared face-to-face time with colleagues.
4. Return to the office/premises
After having undertaken the steps above, it may be that some employers wish to propose a trial ‘hybrid model of working’, with specific and purposeful action taken to increase the benefit of the shared time back in the workplace but also to allow employees to retain some flexible working arrangements.
However, it may also be that some employers still decide they wish to require all employees to be back in the workplace 100% of the time.
Regardless of which approach is taken, our advice to employers is to firstly understand the why for the approach you wish to take and ensure this information is properly shared with the team.
Employers should also seek legal advice when implementing a new flexible working policy (including ensuring the same is set up on a ‘trial’ basis before becoming permanent) or if they wish to require all employees to return to the workplace in order to ensure that that process is lawful and robust.
5. Final considerations
The last two years has been difficult on employers and employees alike. We highly recommend that employers focus on process when undertaking any changes to employees’ flexibility. The process should be undertaken with empathy and humanity – this will ensure that even if the outcome is not in line with the employee’s preferred approach, the employees’ engagement remains intact throughout.
For further Commercial law advice, get in touch with Jeremy and the Commercial Law Team.
jeremy@davenportslaw.co.nz | 09 883 4420
