Work from Where? The debate around flexible work is not going away.

Are Amazon doing the right thing by calling its staff back to the office? With advantages still to be had from the hybrid model, and legislation on the way, opinions are divided.

The news that Amazon has told its staff they will be required to be back in the office for a five day week from January next year has added fuel to the debate over flexible working. With the Labour Party set to extend rights around flexible work, the issue of where employees should be during working hours is likely to become more of an issue for employers trying to work out how best to position themselves with regard to maximising productivity and being open and welcoming to a diverse workforce.

In a poll run by The HR World it was clear that while the majority of respondents thought the employer should have the final say on where work happens (76%) nearly one in five (18%) place the decision with the employee. The remaining 6% believe government or legislation should make the position clear.

Productive thinking

The reasons behind where someone wants to or should work can be diverse and complex. Author and speaker, Dr Naeema Pasha, highlights the importance of considering productivity in this context: “While some find increased productivity in a dedicated office or work space, others thrive in the quiet and focused environment of their home,” she says, “And so far we see that hybrid work often strikes a balance between the benefits of in-person collaboration and the flexibility of remote work.” 

Dr Pasha has found many HR professionals are also centring on the impact on DEI in this debate. “Remote work can provide opportunities for individuals from diverse backgrounds to participate more fully in the workforce, especially those with disabilities or caregiving responsibilities,” she says.

Anna Elliot, Partner at Osborne Clarke says many companies are now trying to ‘recalibrate’ their hybrid working arrangements to meet the longer term needs of the business, but she also notes that such a move is not always straight-forward: “UK employers looking to reset their approach will need to factor into their considerations not only the impact of any proposed arrangements on morale and recruitment initiatives, but the inherent risk of discrimination claims for those for whom it is more difficult to comply and where a ‘protected characteristic’ applies,” she says.

Day one right will increase requests

Elliot also notes that employers may be set to see an influx of statutory requests following the right to request flexible working becoming a day one right for all employees in April next year. “Although an employer can reject a request on a number of statutory grounds, such requests will need to be carefully managed,” she says.

Elliot also says that while many requests have traditionally centred around parents with child-care responsibilities, employers need to be aware of and ready to adapt to the changing shape of the workforce. “Many employers are seeing an increase in older employees looking for flexibility as many have caring responsibilities – including older relatives and grandchildren – or may be managing their own health issues,” she says.

“This is an area where we are expecting further legal developments and which employers will need to factor into their review of any approach,” concludes Elliot. “The new Labour government has committed to making flexible working a default, except where it is not reasonably feasible. While Labour has acknowledged in its paper Make Work Pay that working arrangements need “to fit the workplace and the type of work”; we must wait and see how this is will now be addressed in legislation.”