Hybrid Working Policy: Guide for UK Employers

A hybrid working policy outlines the framework for employees to split their time between working remotely and from a physical office. As flexible working is now a pervasive feature in today’s workplace, hybrid working has become an increasingly popular model, balancing the benefits of remote work with the collaborative advantages of office presence.

For the avoidance of doubt, “hybrid working” is not a standalone statutory right under UK employment law. In practice, hybrid working arrangements are usually introduced through an employer-led policy, agreement with the employee or by granting a statutory flexible working request. Where hybrid working is agreed, employers should be clear whether it is contractual (a formal change to terms) or a discretionary, non-contractual arrangement that can be reviewed and amended.

For employers, hybrid working can bring many benefits. It enables the employee to have greater focus on the task at hand with fewer interruptions and distractions, it can save on the costs of office space, and facilities costs such as electricity, it allows for a wider talent pool, creates opportunities for greater diversity and inclusive teams, and has been shown to increase productivity and employee retention.

For employees, hybrid working also offers advantages. It can improve employee work/life balance and, therefore, improves productivity and reduces absences from sickness. It can result in greater levels of job satisfaction, the potential to better optimise their time and the choice to work whenever they want.

While the flexibility offered by hybrid working is providing a more positive and collaborative approach to working arrangements, but it carries risk. If implementing hybrid working, you should look to create a separate hybrid working policy, as well as reviewing and adapting all related procedures and policies. This is most effectively achieved in consultation with employees and if relevant their representatives. Consultation is especially important where you are changing contractual terms, introducing new attendance requirements or changing working patterns across a group of employees.

A well-structured policy helps set clear expectations for both employers and employees, ensuring fairness and consistency across the organisation. Key considerations include specifying eligibility criteria, defining roles suitable for hybrid arrangements, and determining how many days employees are expected to work onsite. Employers must also address practical matters such as health and safety obligations, data protection compliance, and ensuring suitable remote working conditions.

There are potential risks, such as decreased team cohesion or challenges in monitoring performance. Employers should also consider the impact on inclusion, ensuring that hybrid arrangements do not disadvantage certain groups. This includes assessing whether eligibility rules or office attendance requirements could amount to indirect discrimination under the Equality Act 2010 and ensuring any role-based restrictions can be objectively justified.

Clear communication and regular reviews of the policy are essential to addressing these challenges. A tailored hybrid working policy benefits both employers and employees by promoting flexibility, supporting work-life balance, and enhancing productivity. Employers should consult legal and HR professionals when developing the policy to ensure compliance with UK employment laws and best practices.

Why do you need a hybrid working policy?

The purpose of a hybrid working policy is to set out a legally-compliant and consistent framework for your organisation to implement hybrid working. The document should outline how hybrid working should work in practice, set limits aligned to operational matters, while allowing some flexibility and guidance for managers to accommodate specific circumstances at their discretion.

A clear policy also supports lawful and consistent handling of statutory flexible working requests. Since April 2024, eligible employees can make a flexible working request from the first day of employment, can make up to two requests in a 12-month period and employers must deal with a request (including any appeal) within two months, unless an extension is agreed. Employers are also expected to consult with the employee before refusing a request and can only refuse for one or more of the permitted statutory business reasons.

Having a clear hybrid working policy will help you set out what is and what is not possible in your post-pandemic workplace. When properly introduced and supported, it is likely hybrid working will lead to increased long-term benefits for both employers and staff.

From a risk management perspective, a written policy also helps employers reduce the scope for inconsistent decision-making which can lead to grievances, constructive dismissal allegations, or discrimination complaints. This is particularly relevant where office attendance expectations, eligibility criteria or performance monitoring arrangements could impact employees with protected characteristics, such as disability, sex, pregnancy and maternity, religion or belief, or those with caring responsibilities.

Key issues to consider when drafting a hybrid working policy

When developing the policy, consider the following key points to ensure the policy has impact and supports best practice. The policy should be drafted and applied consistently, but also flexibly enough to allow managers to respond to genuine operational needs and individual circumstances. Where hybrid working arrangements are agreed, employers should be clear whether the arrangement is contractual or non-contractual, whether it is subject to a trial period and how and when it will be reviewed.

Employers should also ensure the policy is aligned with existing contractual terms, including location clauses, mobility clauses, hours of work provisions, confidentiality terms, IT and monitoring policies, and any express flexible working arrangements already in place. If the policy is intended to change working arrangements for existing staff, employers should consider whether employee consent is required, whether consultation is appropriate and how to manage any refusal to agree changes.

1. Eligibility

You will need to decide whether the policy will apply to all employees or whether it only applies to certain roles. If it applies only to some roles, you should ensure the policy clearly sets out those roles that are not eligible and any reasons for this.

Eligibility decisions must be handled carefully. Excluding certain roles or groups can create legal risk where the rule disadvantages people who share a protected characteristic under the Equality Act 2010, such as disability, sex or age, or where it disadvantages employees with caring responsibilities. Even where exclusions are operationally justified, employers should document the business rationale and apply the criteria consistently. Where an individual requires adjustments linked to a disability, hybrid working may also be relevant to the duty to make reasonable adjustments.

2. Culture-fit

A hybrid working policy must fit the culture of your business, or the one you want to promote and align with your business’ mission and purpose. In practice, this means designing hybrid working rules that support collaboration, performance and engagement without undermining fairness, inclusion or employee wellbeing.

However, “culture” should not be used as a substitute for objective justification where eligibility or office attendance rules have a disproportionate impact on certain groups. Employers should be able to explain why particular office attendance expectations exist and how they relate to genuine operational requirements.

3. Expectations for hybrid working

You should specify what your business expectations are regarding the division of time between office and other locations. An employer may expect full-time staff to spend at least 3 days in the workplace, for example, or expect them to divide their time 50/50 between the workplace and the other location.

You need to consider if there are any particular circumstances or situations where employees are expected to attend the workplace, such as in-person training, team meetings, or any related duties that must be conducted in the workplace. These could be done on set days, or if that does not suit your business model, determine how much advance notice would need to be given to employees to attend.

Consideration must also be given as to when more regular or permanent office working may need to be re-introduced. Employers should approach this carefully where hybrid working has become contractual or has been established over time. Depending on how the arrangement has been agreed and operated, reintroducing full-time office attendance may amount to a contractual change and can increase legal risk if applied without consultation, objective justification and appropriate notice. Employers should also consider whether a change could disproportionately affect certain employees, including those with disabilities or caring responsibilities.

Setting out requirements as to where the remote work location can be and ensuring it adheres to confidentiality and data protection obligations should be covered in your hybrid working policy. Will they work at the employee’s home or are other locations permitted? Should the employee have to inform you or their manager if they are working from a venue that is not their home address? How should employees make sure that any other venue is secure to work from?

There are also significant logistical and legal issues when allowing employees to work from abroad for weeks at a time. This can create immigration and right to work risks for the employee’s location, tax and social security issues, potential payroll and corporate tax exposure, and data protection concerns, particularly where personal data is accessed or transferred internationally. Employers should consider requiring prior written approval for any overseas working and should take advice before permitting it.

4. Office working

Any expectations you have when employees are working from the office should be included in the policy. This may include whether staff are required to work set hours or whether there is flexibility around start and finish times. Employers may also wish to introduce core hours during which employees are expected to be available, alongside periods where flexibility is permitted. Clearly defining expectations can help employees maintain appropriate boundaries between work and home life.

You should also consider whether operational changes are needed to support office-based working, such as desk booking systems, shared workspaces or collaboration zones. These arrangements should be communicated clearly so employees understand how office attendance works in practice and what is expected of them when they are onsite.

It is important to clarify how travel time and travel expenses will be treated. In most cases, ordinary travel between home and an employee’s normal place of work will not count as working time and will not be reimbursed as an expense. However, this position can differ where an employee’s contractual place of work is their home, where travel is between workplaces, or where travel occurs during normal working hours. Employers should ensure their policy reflects their contractual arrangements and working time obligations and is applied consistently.

5. Working elsewhere

Your hybrid working policy should clearly address what is expected when employees are working remotely or from another approved location. Employers should specify what equipment or technology will be provided, if any, and whether access is required to undertake maintenance, security checks or software updates on that equipment.

Employers remain responsible for an employee’s health and safety while they are working from home or another approved remote location. This duty arises under the Health and Safety at Work etc. Act 1974 and related regulations and cannot be delegated to the employee. Your policy should therefore explain how health and safety risk assessments will be carried out, what steps employees must take to work safely and how concerns should be reported.

The policy should also explain how sickness absence must be reported when working from home, including notification requirements and any evidence needed. Clear rules help avoid misunderstandings and ensure consistent absence management.

Data protection and information security requirements are particularly important in a hybrid working environment. Employers must ensure compliance with UK GDPR by setting clear rules on the use of devices, password protection, secure networks, document storage and confidentiality. Employees should understand that data protection obligations apply equally when working remotely as they do in the office.

Finally, the policy should clarify availability expectations. Employers should explain whether employees are required to be available during set hours or whether a more flexible approach applies. Any monitoring of availability or performance should be proportionate, transparent and compliant with data protection and privacy requirements.

6. Other forms of flexible working

A hybrid working policy is intended to sit alongside other flexible working policies. The policy should therefore explain how hybrid working interacts with other flexible working options, such as part-time working, flexitime or compressed hours.

Employers should also clearly signpost the statutory flexible working process. Since April 2024, employees can make a flexible working request from their first day of employment and can make up to two requests in any 12-month period. Employers must deal with requests in a reasonable manner, consult with the employee before refusing and can only refuse a request for one or more of the statutory business reasons set out in legislation. The hybrid working policy should not override these statutory rights but should complement them.

Implementing a hybrid working policy

When introducing a hybrid working policy, employers should plan the implementation carefully to ensure the policy is understood, applied consistently and operates lawfully in practice. The way a policy is introduced can be just as important as its content, particularly where hybrid working represents a change from previous working arrangements.

Where the policy involves changes to contractual terms, such as working location or core hours, employers should consider whether employee consent is required and whether formal consultation is necessary. Failure to implement changes properly can increase the risk of grievances, claims for breach of contract or constructive dismissal.

1. Consultation

Consultation with employees before implementing a hybrid working policy allows concerns to be raised and addressed at an early stage and supports employee engagement with the new arrangements. Consultation is especially important where hybrid working is being introduced as a long-term or permanent change to how work is performed.

Employers should explain the proposed policy, the reasons for it and how it will operate in practice. Feedback should be genuinely considered, and where changes are made following consultation, these should be clearly communicated. Where trade unions or employee representatives are recognised, employers should consult them in line with existing agreements and good practice.

Consultation also supports compliance with the statutory flexible working regime. Engaging with employees can help ensure that requests are handled fairly and that any refusals are based on clear and lawful business grounds.

2. Supporting managers and training

Hybrid working can significantly change the role of managers. Managers may need to oversee teams that are split between office-based and remote working, which can present challenges around communication, performance management and employee engagement.

Employers should consider providing training and guidance to managers so they understand their responsibilities in a hybrid working environment. This may include training on managing performance remotely, conducting fair and effective appraisals, supporting employee wellbeing, handling flexible working requests and understanding equality and discrimination risks.

Equipping managers with the right skills and knowledge helps ensure that the hybrid working policy is applied consistently and reduces the risk of informal practices developing that undermine the policy or expose the organisation to legal risk.

3. Communication

Effective communication is central to the successful implementation of a hybrid working policy. Employers should consider how they will communicate expectations, changes and updates to employees working both in the office and remotely.

Some organisations choose to hold team meetings online as a default to ensure equal access for remote workers, with in-person meetings used where they are genuinely necessary. Whatever approach is taken, expectations should be clear and applied consistently across teams.

Poor communication can lead to misunderstandings, reduced morale and inconsistent application of the policy. Employers should take time to consider how information flows within the organisation and whether existing communication tools and systems remain effective in a hybrid working environment.

4. Creating a communication plan

Employee feedback should be an ongoing part of implementing and reviewing a hybrid working policy. Employers may wish to introduce announcements, briefings or Q&A sessions to explain the policy and allow employees to raise questions.

Once the policy has been implemented, employers should consider reviewing how well the communication plan is working. This might involve seeking feedback after a set period, such as one or two months, and making refinements where issues are identified. Regular review helps ensure the policy continues to support both operational needs and employee wellbeing.

Implementing a hybrid working policy

When introducing a hybrid working policy, employers should plan the implementation carefully to ensure the policy is understood, applied consistently and operates lawfully in practice. The way a policy is introduced can be just as important as its content, particularly where hybrid working represents a change from previous working arrangements.

Where the policy involves changes to contractual terms, such as working location or core hours, employers should consider whether employee consent is required and whether formal consultation is necessary. Failure to implement changes properly can increase the risk of grievances, claims for breach of contract or constructive dismissal.

1. Consultation

Consultation with employees before implementing a hybrid working policy allows concerns to be raised and addressed at an early stage and supports employee engagement with the new arrangements. Consultation is especially important where hybrid working is being introduced as a long-term or permanent change to how work is performed.

Employers should explain the proposed policy, the reasons for it and how it will operate in practice. Feedback should be genuinely considered, and where changes are made following consultation, these should be clearly communicated. Where trade unions or employee representatives are recognised, employers should consult them in line with existing agreements and good practice.

Consultation also supports compliance with the statutory flexible working regime. Engaging with employees can help ensure that requests are handled fairly and that any refusals are based on clear and lawful business grounds.

2. Supporting managers and training

Hybrid working can significantly change the role of managers. Managers may need to oversee teams that are split between office-based and remote working, which can present challenges around communication, performance management and employee engagement.

Employers should consider providing training and guidance to managers so they understand their responsibilities in a hybrid working environment. This may include training on managing performance remotely, conducting fair and effective appraisals, supporting employee wellbeing, handling flexible working requests and understanding equality and discrimination risks.

Equipping managers with the right skills and knowledge helps ensure that the hybrid working policy is applied consistently and reduces the risk of informal practices developing that undermine the policy or expose the organisation to legal risk.

3. Communication

Effective communication is central to the successful implementation of a hybrid working policy. Employers should consider how they will communicate expectations, changes and updates to employees working both in the office and remotely.

Some organisations choose to hold team meetings online as a default to ensure equal access for remote workers, with in-person meetings used where they are genuinely necessary. Whatever approach is taken, expectations should be clear and applied consistently across teams.

Poor communication can lead to misunderstandings, reduced morale and inconsistent application of the policy. Employers should take time to consider how information flows within the organisation and whether existing communication tools and systems remain effective in a hybrid working environment.

4. Creating a communication plan

Employee feedback should be an ongoing part of implementing and reviewing a hybrid working policy. Employers may wish to introduce announcements, briefings or Q&A sessions to explain the policy and allow employees to raise questions.

Once the policy has been implemented, employers should consider reviewing how well the communication plan is working. This might involve seeking feedback after a set period, such as one or two months, and making refinements where issues are identified. Regular review helps ensure the policy continues to support both operational needs and employee wellbeing.

Legal implications for implementing hybrid working

Employers should give careful consideration to the legal implications of introducing hybrid working, particularly where it affects contractual terms, working patterns or location of work. Failure to manage these issues properly can increase the risk of disputes, grievances and employment tribunal claims.

If an employee makes a formal flexible working request for hybrid working and the request is granted, this will usually amount to a formal change to the employee’s terms and conditions of employment. In most cases, the change should be confirmed in writing, either by issuing a contract variation or an updated statement of employment particulars.

Hybrid working and other flexible working arrangements can also be agreed on an informal basis without an immediate contractual change. However, employers should be aware that informal arrangements can become contractual over time through custom and practice, particularly where they are applied consistently and for a prolonged period. Employers should therefore be clear whether an arrangement is temporary, subject to review or intended to be permanent.

Contracts of employment typically specify an employee’s place of work. In a hybrid working arrangement, this may remain the employer’s premises, even where the employee works from home for part of the week. Where an employee works permanently from home, it is common for the home address to be stated as the contractual place of work. Employers should review location clauses carefully when introducing hybrid working to ensure they remain accurate and appropriate.

Employers should also be mindful of equality and discrimination considerations. Decisions about hybrid working must not directly or indirectly discriminate against employees with protected characteristics under the Equality Act 2010. Where hybrid working is relevant to a disability, employers may also have a duty to make reasonable adjustments, which could include allowing homeworking or greater flexibility.

Employees should be advised to consider any implications of working from home with their landlord or mortgage provider and their home insurer, as some agreements may restrict or prohibit homeworking or require notification. Employers should make clear that responsibility for complying with these obligations sits with the employee.

There may also be tax, social security and regulatory implications if an employee works from home on a long-term basis or seeks to work outside the UK. Employers should take advice before permitting overseas working, as this can create obligations for both the employer and the employee.

Employee wellbeing

Hybrid working can support employee wellbeing by reducing commuting time, increasing flexibility and giving employees greater autonomy over how they structure their working day. For many employees, this can have a positive impact on mental health, job satisfaction and overall engagement.

However, hybrid working can also present challenges. Some employees may struggle to maintain boundaries between work and home life, while others may experience feelings of isolation or disengagement when working remotely for extended periods. Employers should be mindful of these risks and take proactive steps to support wellbeing across hybrid teams.

Employers have a general duty of care towards their employees and statutory health and safety obligations that apply regardless of where work is carried out. This includes taking reasonable steps to protect employees’ mental health and wellbeing, as well as their physical safety. Hybrid working policies should therefore be supported by practical measures that help employees work safely and sustainably.

The following measures may assist in supporting employee wellbeing in a hybrid working environment:

• Providing training and guidance to employees on managing work-life balance while working remotely, including setting boundaries around working time
• Offering training on digital wellbeing and promoting healthy technology use, including encouraging employees to disconnect outside working hours where appropriate
• Helping managers understand the potential wellbeing impacts of remote and hybrid working and equipping them to have appropriate and sensitive wellbeing conversations
• Providing access to mental health support, such as employee assistance programmes or wellbeing resources
• Ensuring managers are aware of the signs of poor mental health or burnout and know how to respond appropriately

Employers should also consider whether hybrid working arrangements interact with obligations to make reasonable adjustments for disabled employees or to support employees with caring responsibilities. Regular review and open communication can help ensure hybrid working continues to support both wellbeing and performance.

Need assistance?

DavidsonMorris’s HR specialists support employers with all aspects of workforce management, engagement and communications, working closely with our employment law colleagues. Hybrid working arrangements often raise complex questions around contractual terms, flexible working requests, discrimination risk and health and safety compliance.

If you are implementing or reviewing hybrid working arrangements and have any queries about the legal implications, including how to introduce changes lawfully or manage flexible working requests fairly, speak to us to ensure you are meeting your legal obligations while promoting positive workforce relations.

Hybrid working policy FAQs

What is hybrid working?

Hybrid working allows employees to split their time between remote work and being physically present in the workplace. It is not a statutory right in itself but is commonly introduced through employer policy, agreement with the employee or by granting a flexible working request.

Why do employers need a hybrid working policy?

A hybrid working policy provides clarity and consistency, setting out expectations, responsibilities and procedures. It helps employers manage flexible working arrangements lawfully, reduce inconsistency and mitigate the risk of grievances or discrimination claims.

Who is eligible for hybrid working?

Eligibility depends on the nature of the role and the needs of the business. Employers can limit eligibility to certain roles, but exclusions must be objectively justified and applied consistently to avoid indirect discrimination under the Equality Act 2010.

How many days should employees work in the office?

This will depend on operational requirements and the nature of the role. Policies often specify a minimum number of office days per week, but employers should remain flexible where possible and consider individual circumstances, particularly where flexible working requests are made.

What are the employer’s health and safety responsibilities for hybrid working?

Employers remain responsible for employees’ health and safety wherever work is carried out. This includes carrying out risk assessments for homeworking, providing guidance on safe working practices and addressing any health and safety concerns raised by employees.

How does hybrid working affect data protection?

Employers must ensure compliance with UK GDPR when employees work remotely. This includes implementing appropriate technical and organisational measures to protect personal data, such as secure devices, password protection and clear rules on data handling.

What should be included in a hybrid working policy?

A hybrid working policy should cover eligibility, working patterns, office attendance expectations, communication arrangements, equipment provision, health and safety, data protection, review processes and how hybrid working interacts with statutory flexible working rights.

Glossary

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