Hybrid working is a bit like the emperor\u2019s new clothes. It\u2019s been so widely hyped that those who are not 100 per cent in favour have been reluctant to voice dissent. Scratch the surface, however, and there is a whole cohort of managers under pressure because their organisations are still on such a massive remote work learning curve that they\u2019re trying to run their teams and manage people\u2019s expectations without a rule book.<\/p>\n
Some of the problems arising as hybrid beds down might seem petty, but poor etiquette around space sharing is one of the things that\u2019s beginning to grate.<\/p>\n
\u201cI deeply resent coming in to a desk covered with the remnants of someone else\u2019s lunch and the smell of raw onions in our communal locker,\u201d says a recent desk-sharing returnee.<\/p>\n
Housekeeping issues aside, facilitating requests for distributed working is currently a major source of stress for business owners and managers alike. The concept looks good on paper. However, it also raises questions about feasibility, practicality and whether a business has the bandwidth to support the structural changes required.<\/p>\n
Managing expectations<\/strong> \u201cOur biggest client is in Dublin and we are effectively on call if they need us at short notice,\u201d says one senior manager. \u201cBefore Covid, there were three people who could step up. Now there\u2019s just me and I can\u2019t be available 24\/7. I need to handle this without a blazing row or breaking any labour laws but the others are digging their heels in and don\u2019t want to see it from my perspective.\u201d<\/p>\n Asked how best to deal with issues like this, S\u00edobhra Rush, an employment partner and head of the Dublin office of legal firm Lewis Silkin, says managers need to be mindful of the fact that if an employee has more than one year of service, they have the protection of the Unfair Dismissals Acts. This means there must be a fair reason to dismiss and most importantly, a fair process.<\/p>\n And even outside the disciplinary side of things, there is always the risk that employees you want to retain will simply choose to leave.<\/p>\n Working arrangements<\/strong> Potential grounds for refusal are included in the draft legislation and include the nature of the work not allowing it to be done remotely, an inability to reorganise work among existing staff, a potential negative impact on quality of business product or service and an inordinate distance between the proposed remote location and where the employer is based. That said, an employer will need strong evidence to back-up its position if any of these provisions are to be invoked.<\/p>\n \u201cHaving a genuinely objective reason to refuse remote work does not remove the requirement to follow a disciplinary procedure in dealing with the matter as a disciplinary one,\u201d Rush says.<\/p>\n \u201cPotential problems should be tackled immediately as the longer an employee is permitted to work remotely full-time after the lifting of Covid-related public health restrictions, the stronger their case will be to argue that their terms and conditions of employment have changed with the acquiescence of their employer.\u201d<\/p>\n Reduce risk<\/strong> Once this is ruled out, the place to start is with an employee\u2019s employment contract to ensure their place of work is stated as the office location in Dublin or Cork for example.<\/p>\n \u201cIf this is the case, the employee should be informed in writing that they are required to return to the location in accordance with their contract,\u201d Rush says. \u201cHowever, it would also be prudent to engage in some form of consultation and explain why the remote work location can\u2019t be supported. For example, clients looking for more face-to-face meetings.<\/p>\n
\nA recurrent theme is managing the expectations of employees who relocated at the start of the pandemic and want to continue doing the same job, but remotely.<\/p>\n
\nRush adds that this problem is not going to go away as proposals are in place that will allow employees to request remote and flexible working arrangements by the autumn.<\/p>\n
\nRush adds that in this type of situation, an employer needs to take steps to reduce the risk of a successful unfair dismissal claim. For instance, are there any potential discrimination issues to take into account when asking an employee to return to the office, such as a disability or having recently given birth?<\/p>\n