Hybrid Working UK: Employer Legal Guide

In recent years, hybrid working has moved from an informal compromise into a mainstream working model across the UK. Post-pandemic expectations, improved digital collaboration tools and increased competition for talent have all pushed employers to offer greater flexibility over where work is done. At the same time, many organisations still need physical attendance for supervision, training, teamwork, client-facing work, confidentiality, equipment use or simply to protect culture and cohesion.

Hybrid working can work well when it is designed properly. It can reduce commuting burdens, widen the talent pool, support retention and lower fixed overheads. It can also create risks that do not arise as sharply in traditional office models, including inconsistent treatment between teams, blurred working time boundaries, gaps in supervision, weaker controls over confidential data, and health and safety blind spots in home workspaces. Those risks matter because hybrid working sits inside existing UK employment law duties rather than outside them.

What this article is about
This article provides a comprehensive UK employer guide to hybrid working, explaining the legal framework that applies, the steps employers should take to implement hybrid working safely and consistently, and the HR practices that help reduce disputes. It covers the link between hybrid working and flexible working requests, contractual and policy design, health and safety compliance, UK GDPR considerations, equality and reasonable adjustments, wellbeing, performance management and practical best practice for running hybrid teams.

Section A: What is hybrid working?

Hybrid working is a form of flexible working where an employee splits their working time between remote working and attending an employer workplace (or another agreed work location). In most cases, the “remote” element is homeworking, but it may also include other approved locations such as a co-working space, client site or another employer premises, depending on the role and the employer’s policy.

Hybrid working is often discussed as if it is a standalone legal category. It is not. In UK law and guidance, it is generally treated as one of several flexible working arrangements, alongside part-time working, compressed hours, flexi-time, job sharing and full remote working. The legal issues do not arise because the arrangement is labelled “hybrid”. They arise because a hybrid model changes how contractual duties are performed, how staff are managed and supervised, how data is handled and how an employer meets its statutory and common law duties in non-traditional settings.

Employers typically use hybrid working to balance two competing realities:

• Employees often want more control over where they work to support family life, reduce commuting time and costs, and improve autonomy and wellbeing.
• Employers often need some level of workplace attendance to support collaboration, learning and development, oversight, secure handling of information, team identity and service delivery.

A useful way to frame hybrid working internally is that it is a workplace attendance model, not just a flexibility benefit. That approach helps managers assess what level of office presence is genuinely required for each role and team, and then communicate expectations in a defensible, consistent way.

1. Common hybrid working models

Hybrid working can be structured in different ways. The model you choose affects legal risk and operational effectiveness.

Fixed hybrid pattern (set days in office)
Employees attend the workplace on fixed days (for example, three days in office, two days remote). This model can be easier to administer and may reduce disputes about fairness because expectations are clear. It may, however, increase pressure on employers to justify why particular office days are required, especially where an employee makes a flexible working request or seeks a reasonable adjustment.

Role-based hybrid (attendance depends on job requirements)
Different roles have different workplace attendance expectations. This can be sensible where operational needs vary, but it creates a higher need for clear criteria to avoid grievances, inconsistency and discrimination risks. Employers using role-based models should be able to explain, with evidence, why a role is treated differently.

Team-based hybrid (attendance set by team needs)
Teams coordinate attendance so that collaboration happens on the same days. This can strengthen team cohesion, but it requires strong planning. It also needs oversight to ensure that “team decisions” do not become informal gatekeeping that disadvantages certain employees.

Fully flexible hybrid (employee chooses work location within limits)
Employees decide when to work remotely, subject to business requirements and performance expectations. This can support retention and autonomy, but it can also increase inconsistency, make supervision harder and heighten data security and confidentiality risks. It also increases the importance of a well-designed policy and clear management training.

In practice, many employers blend these models. For example, an employer may set a minimum office presence, require attendance for specific activities (training, client meetings, regulated tasks), and allow flexibility outside those constraints.

2. Benefits and challenges for employers

Hybrid working can deliver real benefits. It may support recruitment and retention, reduce office space pressure and improve employee satisfaction. Some employers also report improved productivity for focused tasks when staff can work remotely without workplace interruptions.

The challenges are equally real. Hybrid working can create a two-tier workforce if on-site staff gain better access to informal information, visibility and development opportunities. It can also lead to uncertainty about working time, availability and boundaries, which in turn can create stress complaints, performance issues and disputes. Hybrid working can expose data in less controlled environments and can increase the risk of inconsistent decision-making by managers, particularly when requests are handled informally rather than through a consistent framework.

From a legal and HR perspective, the recurring theme is that hybrid working arrangements need to be managed as a structured system. That means clarity on eligibility and expectations, a consistent approach to decision-making, and policy and contractual documentation that aligns with how the organisation intends to operate.

3. Section Summary

Hybrid working is a flexible working arrangement where employees split time between remote working and workplace attendance. It is not a separate legal category, so employers must manage hybrid working within existing UK employment law duties. The hybrid model chosen will shape operational success and legal risk, which is why employers benefit from clear structures on attendance expectations, consistency and governance from the outset.

Section B: Legal framework for hybrid working in the UK

Hybrid working does not sit within a single, dedicated piece of legislation. Instead, it operates within the wider framework of UK employment law that governs flexible working, contractual variation, equality, health and safety, and data protection. For employers, the legal risk is rarely in offering hybrid working itself. The risk arises in how hybrid working decisions are made, documented and applied in practice.

Understanding the legal framework is critical, particularly where hybrid working is requested by employees rather than introduced solely at the employer’s initiative.

1. Hybrid working and the right to request flexible working

In the UK, hybrid working is most commonly requested through the statutory right to request flexible working. The core legislation is the Employment Rights Act 1996, as amended by the Employment Relations (Flexible Working) Act 2023 and supporting regulations, which took effect from 6 April 2024.

Under the current rules:

• Employees have the right to request flexible working from the first day of employment.
• An employee may make up to two statutory flexible working requests in any 12-month period.
• Employers must deal with requests in a reasonable manner, which includes consulting with the employee and considering whether alternatives or modifications could meet the employee’s needs while addressing business constraints.
• Employers must consult with the employee before refusing a request.
• A decision must be given within two months of receipt, unless an extension is agreed.

Hybrid working is not guaranteed. The legislation creates a right to request, not a right to work in a particular way. Employers may refuse a request, but only for one or more of the statutory business reasons set out in the legislation.

These reasons include, among others, the burden of additional costs, a detrimental effect on the ability to meet customer demand, an inability to reorganise work among existing staff, or a detrimental impact on quality or performance. Where hybrid working is refused, employers should ensure that the reason relied upon is supported by evidence and is clearly explained to the employee.

2. The role of the ACAS Code of Practice

The ACAS Code of Practice on requests for flexible working provides practical guidance on how employers should handle flexible working requests, including those involving hybrid working. While the Code does not create new legal obligations, employment tribunals must take it into account when considering relevant cases.

Failure to follow the Code does not, in itself, make an employer liable. However, poor handling of hybrid working requests, including a lack of consultation or a failure to properly consider alternatives, can increase the risk of tribunal claims, particularly where the refusal of hybrid working intersects with discrimination law.

In practice, employers should ensure that managers understand the importance of consultation, open discussion and genuine consideration. A hybrid working request should not be treated as a box-ticking exercise or dismissed without engagement, even where the business ultimately concludes that the arrangement is not workable.

3. Employer-led hybrid working arrangements

Hybrid working may also be introduced by the employer without a statutory request from the employee. This often happens where organisations redesign working practices following office closures, downsizing or strategic change.

Where hybrid working is introduced in this way, employers must consider whether the arrangement amounts to a contractual change. If the place of work or working pattern is a contractual term, a permanent shift to hybrid working will usually require employee agreement. Imposing a change unilaterally may expose the employer to breach of contract claims or, in some cases, constructive dismissal risk.

Some employers attempt to rely on flexibility or mobility clauses to introduce hybrid working. These clauses must be interpreted carefully. A general flexibility clause will not automatically permit fundamental changes to working location or pattern without consultation and agreement, particularly where the change has a significant impact on the employee.

Where an employer seeks to amend or withdraw an employer-led hybrid working arrangement, it is good practice to consult with affected employees, consider the contractual position, and provide reasonable notice where changes are required. This helps reduce employee relations fallout and lowers legal risk, particularly where employees have organised their caring responsibilities or travel arrangements around a hybrid pattern.

4. Consultation, trial periods and review

One of the practical expectations reflected in both the legislation and the ACAS Code is that employers approach hybrid working in a measured, evidence-based way. Trial periods are commonly used to assess whether a hybrid arrangement works in practice. While not legally required, trial periods can help employers demonstrate that they have genuinely considered a request and tested its impact before making a final decision.

Employers should also build review points into hybrid working arrangements. This is particularly important where business needs evolve or where a hybrid model initially introduced as a temporary measure becomes embedded over time. Clear review mechanisms reduce the risk of disputes where an employer later seeks to amend or withdraw a hybrid working arrangement.

5. Legal risks arising from poor decision-making

The most common legal risks linked to hybrid working are not standalone “hybrid working claims”. They arise indirectly, through:

• Claims for failure to deal with a flexible working request reasonably.
• Indirect discrimination claims, particularly where hybrid working decisions disadvantage employees with caring responsibilities or disabilities.
• Breach of contract or constructive dismissal claims where hybrid working changes are imposed without agreement.
• Grievances escalating due to inconsistent treatment across teams or managers.

Employers that approach hybrid working through a clear framework, with documented reasoning and consistent processes, are better placed to defend decisions if challenged.

6. Section Summary

Hybrid working in the UK operates within existing employment law rather than under a single statutory regime. Employees have a day-one right to request hybrid working as a form of flexible working, but employers are not obliged to agree to requests. Legal risk arises where decisions are poorly reasoned, inconsistently applied or inadequately documented. A structured approach, informed by the ACAS Code and supported by consultation, trial periods and clear review mechanisms, helps employers manage hybrid working lawfully and defensibly.

Section C: Employment contracts and hybrid working arrangements

Where hybrid working moves beyond an informal or temporary arrangement, employers must consider how it interacts with the employee’s contract of employment. Many of the legal disputes linked to hybrid working arise not because hybrid working is inappropriate, but because the contractual position is unclear or inconsistent with how the employee is actually working.

Hybrid working often affects core contractual terms, particularly place of work, working hours and, in some cases, duties and reporting arrangements. Employers should therefore treat hybrid working as a contractual issue as well as an operational one.

1. When hybrid working requires a contractual change

If an employee’s contract specifies a fixed place of work, a permanent move to hybrid working will usually amount to a variation of contract. In these circumstances, the employer should seek the employee’s agreement and confirm the change in writing. This may be done by issuing a new contract, a contract variation letter or an addendum setting out the hybrid working terms.

Where hybrid working is introduced on a temporary or trial basis, it is still advisable to confirm the arrangement in writing and to make clear that it does not amount to a permanent contractual change unless and until it is formally agreed. This helps avoid arguments that custom and practice has altered the contract over time.

Some contracts include flexibility or mobility clauses that allow employers to change working arrangements. These clauses must be interpreted narrowly. A general flexibility clause is unlikely to justify a fundamental change to working location or pattern without consultation and agreement, particularly where the change has a material impact on the employee.

2. Place of work clauses

Hybrid working often requires careful drafting of the place of work clause. Rather than naming a single location, employers may specify a primary workplace alongside permission to work remotely for part of the working week. The clause should make clear:

• Where the employee is contractually based.
• Whether homeworking is a right or a discretionary arrangement.
• How often attendance at the workplace is expected.
• Whether the employer can require attendance for business reasons.

Clarity in this area helps manage disputes about office attendance, travel time and expenses, and disciplinary action where attendance expectations are not met.

3. Working hours and availability

Hybrid working can blur the boundaries between working time and personal time. Contracts or supporting policies should clearly set out expected working hours, availability during the working day and any flexibility around start and finish times. This is particularly important where employees work remotely for part of the week, as assumptions about availability can differ between managers and staff.

Employers should also remain mindful of their obligations under the Working Time Regulations 1998, including limits on working hours, rest breaks and record-keeping. Hybrid working does not disapply these rules, even where employees have greater autonomy over when and where they work.

4. Equipment, expenses and insurance

Hybrid working arrangements should address responsibility for equipment and costs. Contracts or policies should clarify whether the employer will provide equipment such as laptops, monitors or chairs, and whether any allowances or reimbursements apply. While there is no general legal obligation to reimburse homeworking expenses, unclear arrangements can become a source of grievance.

Employers should also consider insurance implications. Where employees regularly work from home, employers may need to ensure that their insurance arrangements cover equipment and, in some cases, employer liability for work-related activities carried out in the home.

5. Duties, supervision and reporting lines

In some roles, hybrid working may change how duties are performed or supervised. Contracts or job descriptions may need to be reviewed to ensure they still reflect reality. For example, where on-site supervision is reduced, employers may need to rely more heavily on reporting requirements, output measures or digital supervision tools.

Any changes to duties should be assessed carefully to ensure they do not unintentionally alter the nature of the role or create ambiguity about performance expectations.

6. Section Summary

Hybrid working frequently affects contractual terms, particularly place of work and working hours. Employers should not assume that hybrid arrangements can be implemented informally without legal consequence. Clear written confirmation of agreed hybrid working terms, careful drafting of place of work clauses and alignment between contracts and day-to-day practice are key to reducing disputes and managing legal risk.

Section D: Health and safety duties in hybrid working

Hybrid working does not reduce an employer’s health and safety responsibilities. Under UK law, employers owe the same duty of care to employees working remotely as they do to those working in the workplace. The fact that an employee works from home for part of the week does not dilute or transfer that responsibility to the employee.

For employers operating hybrid working arrangements, the challenge is practical rather than legal: how to meet statutory duties in environments they do not directly control.

1. The legal framework for health and safety

The primary legislation governing health and safety in a hybrid working context is the Health and Safety at Work etc. Act 1974. This imposes a duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare of employees at work. This duty applies wherever work is carried out, including in an employee’s home.

Employers must also comply with the Management of Health and Safety at Work Regulations 1999, which require suitable and sufficient risk assessments to be carried out. Hybrid working does not remove this requirement. Instead, it changes how risk assessments are conducted and reviewed.

2. Risk assessments for hybrid workers

Employers are expected to assess risks associated with homeworking and hybrid working arrangements. In most cases, this will involve a homeworking risk assessment rather than a physical inspection of the employee’s home. The assessment should consider factors such as workstation setup, display screen equipment, electrical safety, lighting, posture and the general suitability of the work environment.

Many employers use self-assessment checklists supported by guidance and training. This approach is generally accepted by the Health and Safety Executive, provided it is proportionate and reviewed where issues are identified. Employers should ensure that employees understand their role in reporting hazards or changes in circumstances that may affect safety.

3. Display screen equipment obligations

The Health and Safety (Display Screen Equipment) Regulations 1992 continue to apply where employees use display screen equipment as part of their work, including when working from home. Employers must assess workstations, reduce risks identified and provide appropriate information and training.

Hybrid working often means employees use display screen equipment in multiple locations. Employers should ensure that assessments take this into account and that employees are not expected to work in unsuitable environments without support.

4. Accidents, injuries and reporting

Accidents that occur while an employee is working from home may still be work-related and, in some cases, reportable under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013. Employers should ensure that employees understand how and when to report accidents, regardless of where they occur.

Clear reporting procedures are particularly important in hybrid working environments, where incidents may otherwise go unreported due to uncertainty about whether they are work-related.

5. Managing mental health risks

While there is no standalone statutory duty to provide mental health services, employers have a general duty of care to manage work-related stress and mental health risks. Hybrid working can increase the risk of isolation, blurred boundaries between work and home life, and overworking, particularly where expectations around availability are unclear.

Employers should consider stress as part of their risk assessment process and take reasonable steps to mitigate identified risks. This may include setting clear expectations around working hours, encouraging regular breaks, training managers to recognise signs of burnout and providing access to support resources.

6. Section Summary

Employers remain legally responsible for the health and safety of hybrid workers, including those working from home. This includes carrying out risk assessments, complying with display screen equipment requirements and managing work-related stress. A proportionate, well-documented approach that combines guidance, self-assessment and clear reporting processes helps employers meet their duties without overreach.

Section E: Data protection and confidentiality in hybrid working

Hybrid working increases the range of environments in which work is carried out and, as a result, expands the risk surface for data protection and confidentiality breaches. UK data protection law does not prohibit hybrid working, but it does require employers to take appropriate technical and organisational measures to protect personal data wherever it is processed.

For many employers, the legal issue is not whether hybrid working is permissible, but whether controls that were designed for office-based working remain adequate once employees work remotely for part of the week.

1. The legal framework for data protection

The UK General Data Protection Regulation and the Data Protection Act 2018 apply fully to hybrid working arrangements. Employers remain data controllers in respect of employee data and, in many cases, customer or client data accessed by employees working remotely.

The core obligation is to ensure that personal data is processed lawfully, fairly and securely. Hybrid working does not change these principles, but it does affect how they are implemented in practice.

Employers must be able to demonstrate that they have considered the risks associated with remote access to data and have taken reasonable steps to mitigate those risks.

2. Managing data security risks in hybrid environments

Hybrid working can expose data to risks that are less common in office-only settings. These include insecure home networks, shared devices, unauthorised access by household members, use of public Wi-Fi and loss or theft of equipment.

To manage these risks, employers should implement appropriate technical measures. This may include requiring the use of virtual private networks, multi-factor authentication, encrypted devices and secure cloud-based systems. The level of security should be proportionate to the nature of the data being accessed and the risks involved.

Organisational measures are equally important. Employers should provide clear guidance on acceptable use of devices, restrictions on printing or downloading data, and requirements for secure storage of documents when working remotely.

3. Policies, training and accountability

A hybrid working or data protection policy should explicitly address remote working scenarios. Employees should understand their responsibilities when handling personal data outside the workplace, including how to recognise and report potential data breaches.

Training plays a critical role in compliance. Regular data protection training helps reinforce expectations and reduces the likelihood of human error, which remains one of the most common causes of data breaches in hybrid working environments.

Employers should also ensure that reporting mechanisms for data incidents are clear and accessible. Prompt reporting is essential to meet obligations to investigate breaches and, where necessary, notify the Information Commissioner’s Office within statutory time limits.

4. Monitoring and employee privacy

Some employers seek to monitor employees more closely in hybrid working arrangements, for example through activity tracking or monitoring software. While monitoring is not unlawful in principle, it raises significant data protection and privacy considerations.

Any monitoring must be necessary, proportionate and transparent. Employers should carry out a data protection impact assessment where monitoring is intrusive or systematic and should clearly inform employees about what monitoring takes place, why it is necessary and how data will be used.

Employers should also be mindful of employees’ privacy rights, including the right to respect for private life under Article 8 of the European Convention on Human Rights, which can be relevant where monitoring is excessive or insufficiently justified.

Excessive or covert monitoring can undermine trust, damage employee relations and expose employers to regulatory action or legal claims.

5. Confidentiality and regulated roles

Hybrid working can present particular challenges in roles involving confidential, sensitive or regulated information, such as financial services, healthcare or legal work. Employers in these sectors may need to impose additional controls or limit the extent to which hybrid working is permitted.

Where hybrid working is restricted for confidentiality reasons, employers should be prepared to explain and justify those restrictions, particularly if challenged through a flexible working request or discrimination claim.

6. Section Summary

UK data protection law applies fully to hybrid working arrangements. Employers must ensure that personal and confidential data remains secure when accessed remotely through appropriate technical controls, clear policies and effective training. Monitoring must be lawful, proportionate and transparent, and privacy considerations should be factored into how monitoring is designed and implemented. A failure to adapt data protection practices to hybrid working environments can expose employers to regulatory and legal risk.

Section F: Equality, inclusion and reasonable adjustments in hybrid working

Hybrid working decisions often intersect with equality law, particularly where requests for hybrid working are linked to personal circumstances such as disability, caring responsibilities or health conditions. While hybrid working can support inclusion, it can also create legal risk if applied inconsistently or without proper consideration of its impact on different groups.

Employers should therefore assess hybrid working not only through an operational lens, but also through the requirements of the Equality Act 2010.

1. Hybrid working and discrimination risk

Under the Equality Act 2010, employers must not discriminate against employees on the basis of protected characteristics, including sex, disability, age, race and religion or belief. Discrimination risks commonly arise in hybrid working through indirect discrimination.

Indirect discrimination occurs where an employer applies a provision, criterion or practice that appears neutral but places employees with a particular protected characteristic at a particular disadvantage, and the employer cannot show that the measure is a proportionate means of achieving a legitimate aim.

Hybrid working policies that favour regular office attendance may disproportionately affect employees with caring responsibilities, who are more likely to be women, or employees with disabilities that make commuting or office-based working more difficult. Employers must therefore be able to justify attendance requirements by reference to genuine business needs.

2. Reasonable adjustments for disabled employees

Where hybrid working is linked to disability, employers have a legal duty to make reasonable adjustments. This duty applies regardless of length of service and can include adjustments to working arrangements, equipment, duties or working location.

Hybrid working itself may be a reasonable adjustment, but it is not automatically so. Employers must consider the individual circumstances of the employee and the nature of the role. In some cases, increased homeworking may remove or reduce a disadvantage. In others, different adjustments may be more appropriate.

Employers should engage in open discussion with disabled employees to understand barriers and explore possible solutions. The duty to make reasonable adjustments is ongoing, meaning adjustments should be reviewed periodically to ensure they remain effective as circumstances change.

3. EHRC guidance and good practice

The Equality and Human Rights Commission has published guidance on reasonable adjustments and flexible working, including considerations relevant to hybrid working environments. While this guidance is not statutory, it is influential and may be taken into account by tribunals when assessing whether an employer has acted reasonably.

The guidance emphasises the importance of meaningful dialogue, flexibility and individual assessment, rather than rigid application of policies. Employers who adopt a blanket approach to hybrid working risk overlooking the needs of disabled employees and exposing themselves to legal challenge.

4. Avoiding “in-office bias”

Hybrid working can unintentionally create an “in-office bias”, where employees who spend more time in the workplace are more visible to managers and therefore more likely to receive opportunities for development, promotion or recognition. While this may not be deliberate, it can contribute to discriminatory outcomes if certain groups are overrepresented among remote workers.

Employers should review performance management, promotion criteria and access to training to ensure that hybrid working does not disadvantage particular groups. Objective criteria, transparent decision-making and regular reviews help mitigate this risk.

5. Managing hybrid working disputes

Disputes related to hybrid working often arise where employees feel decisions are inconsistent, poorly explained or unfair. Clear documentation of decision-making, including the reasons for approving or refusing hybrid working arrangements, can help employers demonstrate compliance with equality law and reduce the likelihood of successful claims.

6. Section Summary

Hybrid working can support inclusion, but it also carries discrimination risks if applied without careful consideration. Employers must ensure that hybrid working decisions comply with the Equality Act 2010, that reasonable adjustments are considered for disabled employees, and that policies do not create unintended disadvantage. Individual assessment, consultation and objective criteria are key to managing legal risk in this area.

Section G: HR policies for hybrid working

While there is no legal requirement for UK employers to have a standalone hybrid working policy, having a clear and well-drafted policy is widely regarded as best practice. Hybrid working affects multiple areas of employment law and HR management, and a policy provides a framework for applying decisions consistently, transparently and lawfully.

In practice, many of the problems employers encounter with hybrid working stem from informal arrangements, unclear expectations or inconsistent managerial discretion. A written policy helps reduce these risks by setting boundaries and clarifying how hybrid working operates in the organisation.

1. Is a hybrid working policy legally required?

UK employment law does not mandate a hybrid working policy. However, employers are required to handle statutory flexible working requests reasonably and in line with the law. A hybrid working policy can support compliance by setting out how requests will be considered and how hybrid arrangements are managed once agreed.

Where hybrid working is widely adopted, a policy also helps demonstrate that decisions are not arbitrary and that similar cases are treated in a similar way. This can be particularly important if an employer later needs to justify decisions in the context of grievances, discrimination claims or tribunal proceedings.

2. Relationship with flexible working policies

Hybrid working policies should not operate in isolation. They should align with, and sit alongside, an organisation’s flexible working policy. The flexible working policy typically explains the statutory request process, while the hybrid working policy focuses on operational arrangements once hybrid working is in place.

Clear signposting between the two policies helps employees understand the difference between requesting a change to working arrangements and managing an agreed hybrid working pattern. It also reduces confusion about whether hybrid working is discretionary or contractually agreed.

3. Core elements of a hybrid working policy

A comprehensive hybrid working policy should set out the employer’s expectations clearly and unambiguously. Care should be taken to avoid wording that unintentionally creates a contractual entitlement unless that is the employer’s intention.

While the content will vary depending on the organisation, most hybrid working policies address the following areas:

• Eligibility: which roles are eligible for hybrid working and the business rationale for any restrictions.
• Work location and attendance: where employees may work remotely and how often they are expected to attend the workplace.
• Working hours and availability: expectations around working patterns, availability and responsiveness.
• Communication and collaboration: how teams are expected to communicate and participate in meetings.
• Equipment and expenses: what equipment the employer will provide and any reimbursement arrangements.
• Review and withdrawal: how hybrid working arrangements will be reviewed and the circumstances in which they may be amended or withdrawn.

Clear policy wording helps manage expectations and reduces the risk of disputes where business needs change.

4. Training managers to apply policies consistently

Even the best-drafted policy can fail if managers apply it inconsistently. Employers should ensure that managers are trained to understand the legal context of hybrid working, including the link to flexible working rights and equality law.

Manager training should focus on objective decision-making, documentation and communication. This reduces the risk of informal promises, inconsistent treatment or poorly handled refusals that could escalate into formal disputes.

5. Section Summary

A hybrid working policy is not legally required, but it plays a critical role in managing risk and ensuring consistency. By clearly setting out eligibility, attendance expectations, communication standards and review mechanisms, employers can support lawful decision-making and reduce disputes. Alignment with flexible working policies and effective manager training are essential to making hybrid working operate smoothly in practice.

Section H: Managing performance, training and career progression in hybrid working

Hybrid working requires employers to rethink how performance is measured, how employees are developed and how career progression is supported. Traditional management approaches that rely heavily on visibility and time spent in the workplace are less effective in hybrid environments and can create legal and employee relations risks if applied rigidly.

A well-managed hybrid model focuses on outcomes, fairness and accessibility, ensuring that employees are assessed and developed consistently regardless of where they work.

1. Performance management in hybrid teams

In a hybrid working environment, performance management should be based on outputs and results rather than physical presence. Measuring performance by time spent in the office can disadvantage remote workers and increase the risk of indirect discrimination claims, particularly where hybrid working is linked to protected characteristics.

Employers should set clear objectives, deliverables and performance standards that apply equally to remote and office-based employees. Regular performance conversations are important to maintain alignment and address issues early, especially where informal feedback opportunities are reduced.

Managers should also be trained to manage performance remotely. This includes giving constructive feedback, recognising achievements and addressing underperformance without relying on excessive monitoring or surveillance, which can raise data protection and trust issues.

2. Appraisals, promotion and reward

Hybrid working can affect access to development opportunities if employers are not careful. Employees who spend more time in the workplace may have greater visibility, informal networking opportunities and access to decision-makers. Over time, this can influence promotion and reward decisions in ways that are difficult to justify objectively.

To manage this risk, employers should ensure that appraisal and promotion processes are based on transparent criteria and documented evidence rather than informal impressions. Promotion panels, structured assessments and clear competency frameworks can help reduce unconscious bias.

Employers should also monitor outcomes to ensure that hybrid working does not correlate with disadvantage for particular groups, which could indicate indirect discrimination.

3. Training and development in hybrid environments

Hybrid working should not limit access to training or career development. Employers should ensure that learning opportunities are available to all employees, regardless of where they work. This often means offering a mix of virtual and in-person training options.

Onboarding is a particular area of focus. New starters in hybrid roles may require additional structure and support to integrate into teams, understand organisational culture and build relationships. Clear induction plans, mentoring and regular check-ins can help address this risk.

4. Supporting managers in hybrid settings

Managing hybrid teams requires different skills from managing fully office-based teams. Employers should provide managers with training on leading dispersed teams, supporting wellbeing, maintaining engagement and handling difficult conversations remotely.

Without this support, managers may default to inconsistent practices or rely too heavily on office attendance as a proxy for performance, which can undermine trust and increase legal risk.

5. Section Summary

Effective performance management in hybrid working environments depends on focusing on outcomes, applying objective criteria and ensuring equal access to development and progression opportunities. Employers that adapt appraisal, promotion and training processes to hybrid working are better placed to maintain performance, support inclusion and reduce the risk of disputes.

Section I: Employee wellbeing and hybrid working

Employee wellbeing is a central consideration in hybrid working arrangements. While hybrid working can support better work-life balance and autonomy, it can also create new pressures, particularly where boundaries between work and home become blurred or where employees feel disconnected from their teams.

Employers do not have a standalone statutory obligation to guarantee wellbeing, but they do owe a duty of care to employees. Hybrid working therefore requires employers to take reasonable steps to manage foreseeable risks to health, including mental health.

1. Work-life balance and boundary management

One of the most commonly cited benefits of hybrid working is improved work-life balance. However, without clear expectations, hybrid working can have the opposite effect. Employees working remotely may feel pressure to be constantly available or may struggle to disengage from work at the end of the day.

Employers should set clear expectations around working hours, availability and responsiveness. Managers play a key role in modelling healthy behaviour, such as respecting non-working time and encouraging breaks. Clear guidance helps reduce the risk of overwork and stress-related complaints.

2. Mental health and isolation risks

Hybrid working can increase the risk of social isolation, particularly for employees who spend most of their time working remotely. Reduced informal interaction can affect engagement, morale and mental health.

Employers should encourage regular communication and check-ins to ensure that employees remain connected. This may include scheduled one-to-one meetings, team meetings that include both in-person and remote participants, and opportunities for informal interaction.

Access to support resources, such as employee assistance programmes or mental health awareness initiatives, can also form part of a proportionate wellbeing strategy.

3. Manager responsibility and early intervention

Line managers are often the first to notice changes in behaviour or performance that may indicate wellbeing issues. Training managers to recognise signs of stress, burnout or disengagement is particularly important in hybrid environments, where issues may be less visible.

Early intervention can prevent issues escalating into sickness absence, grievances or formal disputes. Employers should ensure that managers know how to escalate concerns and where to direct employees for support.

4. Wellbeing and performance expectations

Supporting wellbeing does not mean lowering performance standards. Hybrid working arrangements should balance flexibility with clear expectations around output and conduct. Where wellbeing concerns affect performance, employers should address this through supportive management and, where appropriate, reasonable adjustments rather than punitive measures.

5. Section Summary

Hybrid working can support employee wellbeing, but it also creates risks if boundaries are unclear or employees feel isolated. Employers should take reasonable steps to manage these risks by setting clear expectations, supporting managers and encouraging open communication. A proactive approach to wellbeing helps maintain engagement and reduces the likelihood of disputes linked to stress or burnout.

Section J: Technology, infrastructure and office planning for hybrid working

Hybrid working depends heavily on the technology and infrastructure that supports it. Even where legal and HR frameworks are sound, hybrid working can fail in practice if employees lack the tools, systems or physical environments needed to work effectively across locations.

From an employer perspective, technology and office planning are not purely operational concerns. They also influence productivity, data security, health and safety compliance and employee relations.

1. Technology as an enabler of hybrid working

Reliable technology underpins successful hybrid working. Employers should ensure that employees have access to appropriate tools that allow them to communicate, collaborate and perform their roles effectively, regardless of location.

Core technologies commonly used in hybrid working environments include collaboration platforms for messaging and video conferencing, project management tools for tracking work and cloud-based systems for document storage and sharing. These tools help maintain visibility and coordination across teams that are not consistently co-located.

Employers should also consider the consistency of the employee experience. Where in-office employees have access to better equipment or systems than remote workers, this can undermine collaboration and create perceptions of unfairness.

2. Cybersecurity and IT support

Hybrid working increases reliance on remote access to systems and data, making cybersecurity a critical consideration. Employers should ensure that IT infrastructure supports secure access, including the use of virtual private networks, secure authentication methods and device management controls.

Equally important is access to IT support. Employees working remotely need clear routes to technical assistance when issues arise. Delays in resolving technical problems can quickly affect productivity and morale, particularly where employees feel isolated or unsupported.

Employers should also ensure that updates, patches and security protocols are applied consistently across devices used in hybrid working arrangements.

3. Office design in hybrid working models

Hybrid working often changes how office space is used. Where fewer employees attend the workplace at any given time, traditional desk-based layouts may be inefficient or unnecessary.

Many employers redesign offices to support collaboration rather than individual desk work. This may include multi-purpose spaces, meeting rooms equipped for hybrid meetings and quiet areas for focused work. These changes can support the purpose of office attendance and make time spent on-site more valuable.

4. Hot-desking and desk booking systems

Hot-desking and desk booking systems are common features of hybrid working models. While these systems can optimise space, they must be implemented carefully to avoid unintended consequences.

From a legal and HR perspective, employers should consider health and safety implications, including workstation setup and cleanliness. Employees should be able to work safely at any available desk, with appropriate equipment and adjustments where required.

Desk booking systems should also be transparent and fair. If certain employees consistently struggle to secure workspace when required, this can undermine the effectiveness of hybrid working and lead to grievances.

5. Supporting inclusive hybrid meetings

Hybrid meetings, where some participants attend in person and others join remotely, present practical challenges. Employers should ensure that meeting rooms are equipped with suitable audio and visual technology so that remote participants can contribute effectively.

Managers should be trained to run inclusive meetings, ensuring that remote employees are not sidelined or excluded from discussion. Poorly managed hybrid meetings can reinforce in-office bias and reduce engagement over time.

6. Section Summary

Technology and infrastructure play a central role in making hybrid working effective. Employers should ensure that systems support secure, reliable and inclusive working across locations, and that office space is designed to add value rather than simply replicate home working. Investment in technology, IT support and thoughtful office planning helps reduce operational friction and supports compliance and employee engagement.

Section K: Common hybrid working risks and how to avoid them

Hybrid working can deliver flexibility and operational benefits, but it also introduces risks that employers need to identify and manage proactively. Many of these risks are not unique to hybrid working, but the hybrid model can amplify them if governance, communication and oversight are weak.

Understanding where problems commonly arise allows employers to design controls that reduce exposure and support a more sustainable hybrid working arrangement.

1. Inconsistent decision-making and fairness

One of the most frequent risks in hybrid working is inconsistency. Where different managers apply hybrid working rules differently, employees may perceive unfairness, which can quickly escalate into grievances or legal claims.

This risk is heightened where hybrid working is managed informally rather than through a clear policy framework. Employers can reduce this risk by setting clear criteria for eligibility, attendance expectations and decision-making, and by training managers to apply those criteria consistently.

Regular reviews of hybrid working decisions across teams can also help identify patterns that may indicate bias or inconsistency.

2. Indirect discrimination and legal exposure

Hybrid working decisions can give rise to indirect discrimination claims where policies or practices disadvantage employees with protected characteristics. Common examples include attendance requirements that disproportionately affect carers or disabled employees.

Employers should ensure that any requirement to attend the workplace serves a legitimate business aim and is applied proportionately. Documenting the rationale for attendance expectations and considering reasonable adjustments where appropriate are key steps in reducing legal exposure.

3. Data protection and confidentiality breaches

Hybrid working increases the likelihood of data protection incidents if employees access sensitive information in less controlled environments. Lost devices, insecure networks and unauthorised access by third parties are common risk areas.

To mitigate these risks, employers should implement clear data protection policies, provide secure systems and reinforce training. Prompt reporting of incidents should be encouraged so that issues can be addressed quickly and, where necessary, escalated in line with regulatory requirements.

4. Performance management breakdowns

Where managers rely on visibility rather than outcomes, hybrid working can lead to misunderstandings about performance. This may result in underperformance going unaddressed or, conversely, unfair criticism of remote workers.

Employers should ensure that performance expectations are clearly defined and applied consistently. Regular feedback and documented objectives help maintain accountability and reduce disputes linked to performance management.

5. Employee disengagement and isolation

Hybrid working can contribute to disengagement if employees feel disconnected from colleagues or excluded from informal communication. Over time, this can affect morale, collaboration and retention.

Employers can address this risk by encouraging inclusive communication practices, scheduling regular team interactions and ensuring that remote workers have access to the same information and opportunities as office-based staff.

6. Section Summary

Hybrid working risks typically arise from inconsistency, poor communication and inadequate controls rather than from the model itself. Employers that anticipate common pitfalls and implement clear policies, objective criteria and supportive management practices are better placed to realise the benefits of hybrid working while reducing legal and employee relations risk.

Section L: Case studies and UK employer examples of hybrid working

Many UK employers have adopted hybrid working models on a long-term basis, using different approaches to balance flexibility with operational requirements. While these examples are not legal benchmarks, they provide useful insight into how hybrid working can operate in practice and where challenges commonly arise.

The following case studies are illustrative only. They reflect organisational choices rather than legal obligations, and each employer’s approach is shaped by its industry, workforce and regulatory environment.

1. BP

BP implemented a hybrid working model that allows many office-based employees to work remotely for part of the week while maintaining regular office attendance for collaboration and operational needs. The organisation invested in digital collaboration tools and cybersecurity measures to support remote access and protect sensitive information.

Clear communication was central to BP’s approach. Employees were given guidance on expectations around attendance, availability and performance, which helped reduce uncertainty. Office space was also redesigned to prioritise collaboration rather than individual desk-based work.

An early challenge was ensuring equal access to development opportunities for employees working remotely. BP addressed this by formalising mentoring arrangements and increasing the use of virtual networking and training.

2. HSBC UK

HSBC adopted a hybrid working strategy as part of its wider “future of work” programme. The organisation introduced flexible working hubs, desk booking systems and hybrid-enabled meeting rooms to support collaboration across locations.

Employee wellbeing was a key focus. HSBC encouraged flexible scheduling within hybrid arrangements to support work-life balance and reduce burnout. Regular employee feedback was used to assess engagement and identify areas for improvement.

The organisation also addressed the risk of silos forming between remote and office-based teams by promoting inclusive communication practices and team-based attendance planning.

3. Unilever

Unilever’s hybrid working approach emphasised flexibility and autonomy, allowing employees to determine where and when they work within agreed parameters. The organisation focused on outcomes rather than hours worked and invested in collaboration hubs to support in-person teamwork.

Unilever identified the need for strong onboarding processes in hybrid roles. Structured induction programmes and regular in-person touchpoints were used to help new starters integrate into teams and organisational culture.

4. PwC UK

PwC UK introduced a hybrid working model that combines homeworking with required office attendance for specific activities such as client work, training and team meetings. Significant investment was made in IT infrastructure to support secure and effective remote working.

PwC recognised that some managers initially struggled with reduced visibility of their teams. Targeted management training helped shift focus from time spent in the office to outcomes and quality of work.

5. Section Summary

UK employers have adopted a range of hybrid working models to suit their operational and cultural needs. Common themes include the importance of clear expectations, investment in technology and proactive management of inclusion and development risks. These examples demonstrate practical approaches rather than legal requirements.

Section M: Hybrid working FAQs

What is hybrid working?
Hybrid working is a flexible working arrangement where employees divide their working time between working remotely and attending an employer’s workplace or another agreed location. The remote element is most commonly homeworking, but it may also include other approved locations depending on the role and employer policy.

Is hybrid working a legal right in the UK?
Hybrid working itself is not a legal right. However, employees have a statutory right to request flexible working from the first day of employment. Hybrid working is one form of flexible working that may be requested. Employers must consider requests reasonably, including consultation and consideration of alternatives, but they are not required to agree.

Can employers require employees to attend the office under a hybrid model?
Yes. Employers can require workplace attendance where it is justified by legitimate business needs, provided expectations are clearly communicated, applied consistently and do not unlawfully discriminate. Attendance requirements should be set out in contracts or policies to reduce dispute risk.

Do employment contracts need to be updated for hybrid working?
Where hybrid working represents a permanent change to working arrangements, contracts should usually be updated to reflect the new position, particularly in relation to place of work and working hours. Temporary or trial arrangements should also be confirmed in writing to avoid uncertainty.

Are employers responsible for health and safety when employees work from home?
Yes. Employers retain health and safety responsibilities for employees working from home as part of a hybrid arrangement. This includes carrying out risk assessments, complying with display screen equipment requirements and managing work-related stress.

How does hybrid working affect data protection obligations?
UK data protection law applies fully to hybrid working. Employers must ensure that personal and confidential data remains secure when accessed remotely by using appropriate technical and organisational measures, supported by training and clear policies.

Can hybrid working create discrimination risks?
Yes. Hybrid working decisions can give rise to indirect discrimination risks if policies or practices disadvantage employees with protected characteristics, such as carers or disabled employees. Employers must be able to justify attendance requirements and consider reasonable adjustments where required.

Is a hybrid working policy legally required?
There is no legal requirement to have a hybrid working policy. However, a clear policy is strongly recommended to support consistency, transparency and compliance with flexible working and equality law.

Can employers withdraw hybrid working arrangements?
In some circumstances, yes. This depends on whether hybrid working has become a contractual right or remains discretionary. Clear contractual wording, policy provisions, consultation and reasonable notice help employers retain flexibility while managing legal risk.

Section Summary

Hybrid working frequently raises questions around legal rights, contractual clarity and practical management. Employers that understand the limits of flexible working law, clearly document expectations and apply policies consistently are better placed to manage hybrid working effectively and lawfully.

Section N: Conclusion

Hybrid working has become a permanent feature of the UK workplace rather than a temporary response to exceptional circumstances. When implemented well, it can support recruitment, retention, productivity and employee wellbeing. When implemented poorly, it can expose employers to legal risk, operational disruption and strained employee relations.

From a legal perspective, hybrid working sits within existing UK employment law rather than outside it. Employees have a statutory right to request hybrid working as a form of flexible working from the first day of employment, but employers retain the right to refuse requests where there are legitimate business reasons. The risk for employers lies not in refusing hybrid working, but in failing to follow a reasonable, consistent and well-documented process, including consultation and consideration of alternatives.

Employers should ensure that hybrid working arrangements are clearly reflected in contracts or supporting documentation, that health and safety and data protection duties are met across all work locations, and that equality and reasonable adjustment obligations are properly considered. Policies, manager training and regular review mechanisms all play a central role in reducing disputes and maintaining compliance.

Hybrid working also requires a shift in management approach. Employers that focus on outcomes rather than visibility, support inclusive communication and invest in appropriate technology are better placed to make hybrid working sustainable over the long term.

Ultimately, hybrid working should be treated as a structured working model rather than an informal benefit. Employers that take a deliberate, evidence-based approach are more likely to achieve the intended benefits while avoiding unnecessary legal and employee relations risks.

Section O: Glossary

Section P: Useful links and resources