Hybrid Work Meaning Explained for UK Employers

Hybrid working offers a new workforce solution for employers adapting to the new, post-pandemic normal. The coronavirus pandemic caused employers to radically rethink traditional working arrangements. As we emerge from an extended period of enforced remote working, employers are reaching the conclusion that working from home or on a remote basis is both productive and brings many other benefits for the employer and employee.

What is hybrid working?

Hybrid working is a flexible working arrangement that allows employees to divide their time between working in a traditional office setting and working remotely, such as from home. This model has gained popularity in the UK, particularly after the pandemic, as it offers a balance between the structure of office work and the flexibility of remote working.

For UK employers, hybrid working can be an effective way to support employee wellbeing, enhance productivity, and accommodate diverse working styles. It allows employees to manage their work-life balance more effectively by reducing commuting times and providing greater autonomy over their schedules. Employers also benefit from potentially lower office costs and access to a broader talent pool, as geographical location becomes less of a limitation.

However, implementing hybrid working requires careful planning. Employers must ensure that all employees have access to the resources they need, such as suitable technology and clear communication channels, to work effectively across locations. Issues such as maintaining team cohesion, monitoring performance fairly, and ensuring equal opportunities for remote and in-office staff must also be addressed.

From a legal perspective, it is important to be clear that “hybrid working” is not a standalone legal category in UK employment law. In practice, hybrid working sits within the wider framework of flexible working and contractual working arrangements. This means the legal issues tend to arise from how hybrid working is introduced, how it is documented, and how decisions are made in relation to eligibility, consistency, health and safety, data protection, and equality.

Employers should also be mindful that a hybrid model can create different experiences for staff depending on where they work on any given day. Policies, line management and workplace practices should be designed to avoid unfairness between those who attend the workplace more frequently and those who work remotely more often, especially where decisions on progression, training opportunities, workload allocation, performance management or access to senior stakeholders could be influenced by visibility in the workplace.

Pros of hybrid working

Hybrid working offers a range of benefits for both employers and employees, making it an increasingly popular choice in the modern workplace. As more organisations reopen their offices, employees are re-evaluating their career priorities, and flexibility in working arrangements is becoming a key consideration. Hybrid working can provide an effective solution to these shifting expectations.

One of the primary advantages is increased flexibility. Employees who can split their time between home and the office often experience improved work-life balance. This flexibility appeals to a wide range of employees, from younger workers seeking autonomy to more senior professionals who value balancing personal and professional responsibilities. A better work-life balance can boost morale, maintain productivity, and enhance employee retention. These benefits are particularly relevant for employees who may feel apprehensive about returning to full-time office work.

Employers who embrace hybrid working may also gain a competitive edge in recruitment and retention. Offering flexible options can help attract and retain top talent, particularly when competitors are adopting similar approaches. In contrast, employers resistant to hybrid working risk losing valuable employees to organisations willing to meet evolving expectations.

Hybrid working can also support business continuity and resilience. Where organisations have the systems and culture to operate effectively across locations, they may be better placed to manage disruptions such as transport strikes, adverse weather, short-term office closures or local incidents that affect workplace access. In addition, hybrid working may enable more inclusive recruitment by widening the pool of candidates beyond commuting distance, which can be particularly valuable where skills shortages exist.

From an organisational perspective, a planned hybrid model may allow employers to reduce estate costs, optimise office usage and redesign workplace space around collaboration and shared activities rather than individual desk-based work. This can help employers use office time for activities that benefit most from face-to-face interaction, including onboarding, learning and development, team-building and complex problem-solving.

However, employers should ensure that any operational benefits do not come at the expense of legal compliance or fair treatment. Where hybrid working is offered selectively, decision-making should be consistent and objectively justifiable to reduce the risk of grievances, employee relations issues or discrimination complaints.

Cons of hybrid working

While hybrid working offers many benefits, it is not without challenges. Employers must carefully assess the potential drawbacks to ensure the arrangement is suitable for their business model, operational needs and workforce composition.

Not all roles are well-suited to hybrid working. Some positions require a physical presence, access to specialist equipment, or regular face-to-face interaction with colleagues, clients or service users. Employers must identify which roles can realistically be performed on a hybrid basis and apply clear, consistent criteria to avoid perceptions of unfairness among employees whose roles must remain office-based.

Remote working, even on a part-time basis, can also lead to feelings of isolation for some employees. Although hybrid working may reduce this risk by maintaining some office interaction, employers should still take proactive steps to support engagement and mental wellbeing. Regular communication, inclusive team practices and opportunities for in-person collaboration are important to prevent employees feeling disconnected or overlooked.

Managing performance in a hybrid environment can present additional challenges. Employers may find it more difficult to monitor output, maintain visibility of workloads and ensure accountability when employees are working remotely. Some employees may struggle with boundaries or structure when working from home, which can affect productivity if not addressed. Managers should be supported with appropriate tools and training to manage performance objectively and consistently, focusing on outputs and outcomes rather than physical presence.

From a legal perspective, hybrid working arrangements can also give rise to equality and discrimination risks if they are applied inflexibly. For example, a requirement to attend the workplace on specific days may disadvantage employees with childcare or caring responsibilities, or disabled employees who find travel or workplace environments challenging. Employers must ensure that hybrid working policies and decisions comply with the Equality Act 2010, including the duty to make reasonable adjustments for disabled employees and the need to objectively justify any provision, criterion or practice that could have a disproportionate impact on protected groups.

Hybrid working may not appeal to all employees. Some individuals value the routine, social interaction and separation between home and work that office-based working provides. Employers should be cautious about assuming that hybrid working is universally desirable and should consider employee feedback and preferences when designing or reviewing hybrid arrangements.

The law on hybrid working

The legal implications of hybrid working must be carefully considered by UK employers, particularly in relation to contractual changes, statutory flexible working rights, equality obligations, health and safety duties and data protection requirements. Although hybrid working is now common, it does not exist in isolation from established employment law principles.

Hybrid working is most often implemented either through a formal contractual change or on a discretionary basis under an employer’s flexible working framework. Where an employee makes a statutory flexible working request and this request is accepted, the resulting change will normally amount to a permanent variation to the employee’s terms and conditions of employment. However, employers can lawfully agree temporary or trial arrangements, provided this is clearly documented and both parties understand that the change is subject to review.

Since 6 April 2024, employees in the UK have the statutory right to request flexible working from their first day of employment. Employees are entitled to make up to two flexible working requests in any 12-month period. Employers must deal with requests in a reasonable manner, including a duty to consult with the employee before refusing a request, and must provide a decision within two months of receiving the request. Requests can only be refused for one or more of the statutory business reasons set out in legislation.

Hybrid working may also be offered on a more informal or discretionary basis, particularly where employers are piloting new ways of working or responding to short-term business needs. However, employers should be aware that informal arrangements can, over time, become contractually binding through custom and practice. To reduce this risk, any informal hybrid working arrangement should be clearly described in writing as non-contractual, subject to review and capable of being withdrawn or amended in line with business requirements.

Employment contracts should specify the employee’s contractual place of work. For employees working on a hybrid basis, the contractual workplace will often remain the employer’s office, even where the employee works from home for part of the week. Where an employee works permanently from home, their home address should normally be stated as their contractual place of work. Clear drafting helps to avoid disputes about travel, expenses, redundancy selection pools and mobility.

Employers should also consider the wider implications of home working, including insurance, mortgages and tenancy agreements. While it is primarily the employee’s responsibility to ensure compliance with these arrangements, employers may wish to encourage employees to confirm that working from home does not breach any external obligations.

Where employees work remotely outside the UK, even on a short-term basis, employers must consider tax, social security and immigration risks. Overseas remote working can trigger income tax or National Insurance liabilities, create permanent establishment risks for the business, or require the employee to hold appropriate immigration permission in the host country. Employers also remain responsible for right to work compliance and must consider data protection issues where personal data is accessed or transferred internationally.

Avoiding the pitfalls of hybrid working

Hybrid working offers flexibility and improved work-life balance for employees, but without careful planning it can expose employers to legal, operational and people-management risks. A structured approach is essential to ensure that hybrid arrangements support business objectives while remaining compliant with UK employment law.

Employers should take a holistic view of hybrid working, considering how it interacts with existing contractual terms, workplace policies, management practices and organisational culture. Clear documentation, consistent decision-making and effective communication are key to reducing misunderstandings and managing expectations across the workforce.

From a legal standpoint, the most common pitfalls arise where hybrid working is introduced informally, applied inconsistently, or managed without sufficient regard to equality, health and safety or data protection obligations. Employers should also ensure that managers are equipped to implement hybrid working arrangements fairly and lawfully, particularly where they are responsible for assessing requests or monitoring performance across different working locations.

Policies and procedures

Hybrid working may not align neatly with an employer’s existing policies, making it important to review and update key documentation. Policies on disciplinary procedures, grievance handling, IT usage, employee monitoring and data protection may all require adjustment to reflect a hybrid workforce.

When developing or reviewing policies to support hybrid working, employers should:

• Define which roles or employees are eligible for hybrid working and the criteria used to assess eligibility.
• Set out the process for requesting hybrid working, including how this interacts with statutory flexible working rights.
• Clarify the responsibilities of both hybrid workers and line managers.
• Ensure policies on expenses, IT usage, home working and data protection reflect the realities of working across multiple locations.
• Align hybrid working policies with other flexible working arrangements to ensure consistency and fairness.

Employers should also ensure that equality and diversity policies, including provisions on reasonable adjustments for disabled employees, are fully integrated with hybrid working arrangements to reduce the risk of discrimination claims.

Contracts of employment

For existing staff, employers must ensure that any changes to working arrangements are implemented in accordance with employment contracts. Where contracts do not include a variation clause, changes to place of work or working patterns generally require employee consent. Imposing changes without agreement can expose employers to breach of contract claims or constructive dismissal risk.

For new hires, hybrid working terms should be clearly set out in the contract of employment from the outset. This should include the contractual place of work, expectations around office attendance and any flexibility built into the role. Clear contractual drafting helps avoid disputes and ensures that both parties understand how hybrid working operates in practice.

Wellbeing

Employers have a duty of care to protect the health, safety and wellbeing of their employees, regardless of where they work. This duty applies equally to employees working in the office and those working from home as part of a hybrid arrangement.

Under the Health and Safety at Work etc Act 1974, employers must take reasonable steps to ensure that employees have a safe working environment. For hybrid workers, this includes assessing risks associated with home working and taking appropriate measures to mitigate those risks. Employers should carry out suitable and sufficient risk assessments for home working, which may be completed through self-assessment tools supported by guidance and follow-up where necessary.

Display Screen Equipment (DSE) regulations continue to apply where employees work with screens at home. Employers must ensure that hybrid workers have access to ergonomic assessments, suitable equipment and guidance on safe working practices. Where risks are identified, reasonable steps should be taken to address them, which may include providing equipment such as monitors, keyboards or ergonomic chairs.

Mental health and wellbeing are also key considerations in a hybrid working environment. Employers should ensure that mental health support is accessible to hybrid workers, including access to employee assistance programmes, wellbeing resources and regular check-ins with managers. Line managers should be trained to recognise signs of stress or isolation and to respond appropriately, particularly where employees spend significant periods working remotely.

Maintaining boundaries between work and home life can be more challenging in a hybrid model. Employers should encourage healthy working practices, including reasonable working hours and clear expectations around availability, to help reduce the risk of burnout.

Managing teams

Effective team management is central to the success of hybrid working. Managing employees who split their time between home and the workplace requires clear expectations, consistent communication and a focus on outputs rather than physical presence.

Employers should ensure that managers are equipped to manage hybrid teams fairly and objectively. This includes setting clear performance targets, agreeing measurable objectives and applying consistent standards across the team, regardless of where individuals are working. Performance management processes should be transparent and based on outcomes, rather than assumptions about productivity linked to visibility in the workplace.

Regular communication is particularly important in a hybrid environment. Managers should schedule routine one-to-one meetings and team catch-ups to maintain engagement, provide feedback and address any concerns at an early stage. Hybrid working arrangements should not result in remote workers feeling excluded from decision-making, informal discussions or access to senior stakeholders.

Employers should also be mindful of potential bias in hybrid teams. There is a risk that employees who attend the workplace more frequently may receive greater recognition or development opportunities. Managers should be trained to recognise and mitigate this risk by ensuring that opportunities for progression, training and high-profile work are allocated fairly and transparently.

Where team performance issues arise, employers should address them promptly through established management and disciplinary processes, ensuring that hybrid working is not used as a proxy explanation for underperformance without evidence.

Training and development

Transitioning to hybrid working requires investment in training and development for both managers and employees. While many organisations developed remote management skills during the pandemic, hybrid working presents additional challenges that require a more structured approach.

Managers should receive training on how to lead hybrid teams effectively, including managing performance remotely, supporting employee wellbeing, handling flexible working requests and fostering inclusion across different working patterns. Training should also cover legal responsibilities, such as equality obligations, reasonable adjustments and data protection considerations in a hybrid environment.

Employees may also require training to help them work effectively in a hybrid model. This can include guidance on time management, use of collaboration tools, information security and maintaining boundaries between work and home life. Ensuring employees feel confident and supported in their hybrid roles can help sustain productivity and engagement.

Onboarding processes should be reviewed to ensure they are suitable for hybrid workers. New starters should receive structured induction and training opportunities, with a mix of in-person and remote activity where appropriate, to support integration into the organisation and build relationships with colleagues.

Ongoing learning and development opportunities should be made available on an equal basis to all employees, regardless of where they work. Employers should take care to ensure that hybrid working does not limit access to training, mentoring or career development opportunities.

Communication and collaborative working

Clear and inclusive communication is essential to the effective operation of hybrid working arrangements. Employers should establish communication practices that ensure all employees can participate fully, regardless of whether they are working remotely or in the workplace on any given day.

Many organisations choose to adopt online meetings as the default format to promote equality between in-office and remote attendees and reduce the risk of “presence disparity”. Where in-person meetings take place, employers should consider how remote employees can be included meaningfully, for example through video conferencing or shared digital collaboration tools.

Teams may benefit from agreeing their own communication norms, balancing face-to-face interaction with virtual collaboration in a way that reflects the nature of their work. This can include guidance on response times, availability, use of instant messaging platforms and scheduling core collaboration hours.

Employers should also encourage regular opportunities for informal interaction and team-building to maintain relationships and engagement. This may include periodic in-person meetings, social events or structured collaborative sessions designed to strengthen team cohesion.

From a legal perspective, employers should ensure that communication and collaboration tools are used in a way that complies with data protection obligations. Employees should be made aware of how communications are monitored, stored or recorded, and employers should avoid excessive or intrusive monitoring of remote workers.

Technology and equipment

Technology plays a central role in enabling hybrid working. Employers must ensure that employees have reliable and secure access to the systems and tools they need to perform their roles effectively, whether they are working from home or in the office.

This typically includes providing suitable hardware such as laptops, secure remote access to company systems, and appropriate software to support communication and collaboration. Employers may also need to provide additional equipment, such as monitors or ergonomic peripherals, where this is necessary to support safe and productive working practices.

Employers should ensure that IT systems are supported by appropriate cybersecurity measures. Hybrid working can increase exposure to data security risks, particularly where employees access systems from home networks or personal devices. Clear policies should be in place on information security, password management, use of personal devices and reporting suspected data breaches.

Data protection compliance is particularly important in a hybrid environment. Employers must comply with UK GDPR requirements, including transparency about how personal data is processed and how any employee monitoring operates. Monitoring software, activity tracking tools or logging systems should be proportionate, necessary and clearly communicated to employees, with privacy impact assessments carried out where appropriate.

Employers should also ensure that adequate IT support is available to hybrid workers, including clear processes for reporting technical issues and accessing assistance. This helps minimise disruption and ensures that employees can work effectively regardless of location.

Hybrid working policy

It is best practice for employers to have a clear hybrid working policy in place to provide structure, consistency and transparency. A well-drafted policy helps manage expectations, supports lawful decision-making and reduces the risk of disputes arising from inconsistent treatment or unclear arrangements.

A hybrid working policy should explain how hybrid working operates within the organisation and how it interacts with statutory flexible working rights. It should make clear that while employees have a legal right to request flexible working, there is no automatic right to work on a hybrid basis unless this has been contractually agreed.

Key provisions in a hybrid working policy will typically include:

• An explanation of what hybrid working means within the organisation.
• Eligibility criteria and any role-based requirements.
• Expectations around workplace attendance and remote working days.
• Procedures for requesting, reviewing and approving hybrid working arrangements.
• Health and safety responsibilities for home working.
• IT, data protection and confidentiality requirements.
• A statement confirming that hybrid working arrangements are subject to review and may be amended or withdrawn in response to business needs.

The policy should be applied consistently and reviewed regularly to ensure it remains aligned with business needs, workforce expectations and changes in the law. Employers should also ensure that managers understand how to apply the policy in practice and how to handle hybrid working requests lawfully and fairly.

What are the alternatives to hybrid working?

Hybrid working may not be suitable for every organisation or role. Employers that decide not to adopt hybrid working should ensure that their reasons are clear, evidence-based and capable of objective justification. Transparent communication is important to help manage expectations and reduce the risk of employee dissatisfaction, grievances or attrition.

Following the pandemic, many employees may wish to retain some element of flexibility, particularly where they have demonstrated that they can work effectively outside the traditional workplace. Where hybrid working is not viable, employers should still consider whether alternative forms of flexibility can be offered. A failure to explore alternatives may increase the risk of employee relations issues or, in some cases, discrimination claims, particularly where flexible working requests are linked to protected characteristics such as disability, pregnancy, childcare or caring responsibilities.

Employers should also be mindful that refusing hybrid working or other flexible arrangements does not remove the obligation to consider statutory flexible working requests fairly and in accordance with the legal framework. Each request must be assessed on its own merits and refused only for one or more of the permitted statutory business reasons.

Alternative flexible working arrangements

Where hybrid working is not appropriate, employers may consider other flexible working options that allow employees greater control over when they work, while maintaining an on-site presence. These may include staggered start and finish times to accommodate commuting or caring responsibilities, or flexi-time arrangements that allow employees to vary their hours within agreed parameters.

Other options may include part-time working, job-sharing or compressed hours, depending on the nature of the role and operational requirements. Some employers also offer increased annual leave entitlements, including the ability to buy or sell leave, to provide additional flexibility without changing core working patterns.

These arrangements often involve changes to contractual terms and conditions. Employers must therefore ensure that any agreed changes are properly documented and implemented with employee consent. In addition, employers should consider the administrative and management implications of tracking hours, managing cover and ensuring fairness across teams.

Non-flexible working incentives

For employers that are unable to offer flexible working arrangements, other retention and engagement strategies may help offset this limitation. These may include competitive pay structures, bonus schemes, enhanced benefits packages or workplace perks such as wellbeing initiatives, social events or subsidised facilities.

Investment in training and development can also play a key role in retention, particularly where employees value career progression and skills development. While these measures do not replace flexibility for all employees, they can form part of a broader people strategy designed to maintain engagement and reduce turnover.

Employers should ensure that any alternative incentives are applied fairly and do not indirectly disadvantage employees who have sought flexible working for legitimate reasons.

Need assistance?

DavidsonMorris’ human resource specialists help employers with all aspects of HR strategy and workforce management. Working closely with experienced employment lawyers, we provide practical and legally robust support on emerging people risks and opportunities, including the design and implementation of hybrid working arrangements.

We advise employers on managing flexible working requests, drafting and updating hybrid working policies, reviewing employment contracts and ensuring compliance with employment law, equality obligations, health and safety duties and data protection requirements. Our team also supports organisations in managing change effectively, reducing the risk of disputes and maintaining positive employee relations.

For advice on a specific issue relating to hybrid working or flexible working arrangements, speak to our experts today.

Hybrid working FAQs

Why might a business choose not to adopt hybrid working?

Some businesses may conclude that hybrid working is not suitable for their operational needs. Certain roles require a physical presence, access to specialist equipment, or regular face-to-face interaction with clients, customers or colleagues. Employers are entitled to require office-based working where this can be objectively justified, provided decisions are applied consistently and without unlawful discrimination.

What are alternative options to hybrid working?

Where hybrid working is not viable, employers may consider other flexible arrangements such as staggered start and finish times, flexi-time, compressed hours, job-sharing or part-time working. Increased annual leave entitlement or the ability to buy and sell leave may also provide flexibility without changing working location.

Do flexible working arrangements require changes to employment contracts?

In most cases, yes. Changes to working hours, patterns or location usually involve a variation to contractual terms. Employers must obtain employee agreement and document any changes clearly. Temporary or trial arrangements should be expressly stated as such to avoid unintended permanent contractual changes.

What can employers do to retain staff without offering hybrid working?

Employers may focus on other retention strategies, including competitive pay, bonus schemes, enhanced benefits, paid training opportunities or workplace perks such as wellbeing initiatives and social activities. Clear communication about business needs and career development opportunities can also support retention.

How can employers manage flexible working arrangements effectively?

Effective management requires clear policies, consistent decision-making and regular communication. Employers should set clear expectations, monitor performance based on outputs and ensure managers are trained to handle flexible working arrangements fairly and lawfully.

What should employers consider when rejecting hybrid working requests?

Employers must follow the statutory flexible working framework and may only refuse requests for one or more of the permitted business reasons, such as a detrimental impact on quality or performance, an inability to reorganise work, or insufficient work during the proposed hours. Employers must consult with the employee before refusing a request and provide a decision within the required timeframe.

Glossary

Conclusion

Hybrid working has become a permanent feature of the modern UK workplace, but its successful implementation depends on more than operational preference or employee demand. Employers must approach hybrid working within the framework of UK employment law, ensuring that arrangements are introduced lawfully, managed consistently and reviewed regularly.

While hybrid working can deliver benefits in terms of flexibility, wellbeing, productivity and talent attraction, it also carries legal risks if handled informally or without proper safeguards. Employers must comply with statutory flexible working rights, including the post-April 2024 requirements on consultation, time limits and permissible grounds for refusal. They must also ensure that hybrid working decisions do not give rise to discrimination, that health and safety duties are met for home workers, and that data protection obligations are respected in a more dispersed working environment.

Clear policies, well-drafted contracts and trained managers are critical to avoiding disputes and maintaining fairness across the workforce. Where hybrid working is not suitable, employers should be prepared to explain their position and consider alternative forms of flexibility where possible. Ultimately, a structured, legally informed approach will place employers in the strongest position to balance business needs with evolving employee expectations.

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