There is talk of a flexible working revolution in the post-COVID-19 world, but will the workplace really change that dramatically and, if so, what will that mean for employers and employees alike and what are the pros and cons of a remote workforce?
Tech/social media appears to be leading the way. Mark Zuckerberg announced to his workforce last month that going forward Facebook would be making the most of its open roles in the US available for remote recruiting and hiring. Later this year, many of its current employees will also be able to apply to change to remote working. Mr Zuckerberg predicts that half of its c.45,000 employees will work from home within a decade and this move will lead to people leaving the traditional tech hubs of London and Silicon Valley and heading out of town. Interestingly, he has indicated that salaries will be adjusted to reflect the employee’s new locale and there is, of course, no detail as to how this would be calculated or policed, other than the promise of “severe ramifications” for those who lie about where they are living.
This is all part of Facebook’s MO of leading the charge of modern working. However, is this a move for the better? Mr Zuckerberg’s opinion is that remote working policies would spread economic opportunities, improve diversity and be better for the environment. There are already reports that almost half of workers want to continue with flexible working even after COVID-19 restrictions are lifted.
Anyone who has been working at home for the last two to three months has enjoyed the benefits: more sleep, more exercise, more time with the kids (arguably way too much…) and more time with the dog (at least they do not need to be home schooled!). However, what about the downsides? A permanent remote working model poses many practical, logistical and legal questions:
Employment lawyers have been advising employers for years on the ease with which they can refuse flexible working applications. However, post COVID-19 that is likely to be more difficult – if it was doable and acceptable during lockdown, why is it not okay after the restrictions have been lifted? Clearly, these have been extreme circumstances. Employers had barely any warning of lockdown or time to prepare and there has been some “making do” – some work has to be better than none. Employers are advised to keep some form or record of any issues they have experienced owing to remote working and to keep their options open.
How close are we to having a right to work from home enshrined in our legislation? The suggestion of more protections to work from home and the benefits of remote working were detailed in the Taylor Report published in 2017. The government’s response in 2018 said “as part of the statutory evaluation of the Right to Request Flexible Working in 2019, the government should consider how further to promote genuine flexibility in the workplace”. Boris Johnson committed his government to making flexible working a default right for workers in the party’s 2019 manifesto: “We will encourage flexible working and consult on making it the default unless employers have good reasons not to”, but how often do manifestos actually come to life? However, we are living in unprecedented times and this movement has undoubtedly been accelerated and propelled into the national debate by COVID-19.
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