It’s been over 18 months since the first lockdown, and yet the office working vs. home working debate is still raging on.
Those on ‘team office working’ champion the opportunities for workplace friendships; the ability to delineate more clearly between work time and leisure time; the chance for faster progression; and the thrill of buying overpriced sandwiches from Pret. Those on the opposing side argue that it’s better to avoid awkward water cooler chats and save both time and money by eschewing the commute. Remote work also grants parents the flexibility needed to work while looking after children and disabled people the chance to work in an environment that suits them.
Ultimately, there is no ‘right’ or ‘wrong’ side to the argument; office working and home working both have their pros and cons. The real issue is when workers don’t have autonomy over their working conditions.
Given the recent rise in COVID cases, many people are experiencing renewed feelings of anxiety about going into the office.
Given the recent rise in COVID cases, many people are experiencing renewed feelings of anxiety about going into the office. This is especially true for those who are clinically extremely vulnerable, as the government has not provided any recent guidance for ‘shielders’ despite the fact nearly 50,000 new cases were recorded on Friday alone. It’s not unreasonable to want to WFH given the current climate - and the good news is that it is possible for you to start a dialogue with your employer if you’d rather work remotely.
What are my rights when it comes to WFH?
Kevin Poulter is an employment lawyer at Freeths LLP. He explains that if an employee has been employed for more than 26 weeks, they have a legal right to make a ‘flexible working request’ - which includes working from home for all or part of the time. It’s also still possible to broach the subject with your boss even if you’ve been employed for less than 26 weeks: “Although the legal right to request agile or flexible working does not exist from day one, an employee is not prevented from making a request, but the process may be different,” he says. “Many companies will have a flexible or agile working policy. Alternatively, it is not unusual for home working to be agreed on an informal basis with your manager, whether regularly or on an ad hoc basis.”
How do I begin the WFH conversation with my boss?
So, how do you actually begin this conversation with your boss? Natalie Ellis, HR consultant at Rebox HR, adds that it’s also best to be honest and prepare as much as possible. “Employees should clearly outline the reasons they would like to work from home and weigh up the pros and cons before approaching their boss,” she says.
“If you prepare well and explain your reasoning as to why you'd like them to consider your proposed arrangement, it'll come across as more professional and demonstrate that it is well thought out rather than just being ‘because you want to’,” she continues. “The more information you have, the stronger your case will be.”
How should I make my WFH request?
Jack Latham, employment associate at Myerson Solicitors, adds that flexible working requests must be made in writing, dated, and set out the changes being requested - including what impact they may have on the employer. “Your employer must deal with a flexible working request in a reasonable manner, including meeting with you to discuss your request,” he continues. “If you have been successfully homeworking throughout the pandemic, your request may be more likely to succeed.”
Bosses can’t just shy away from these conversations, either. Poulter notes that when a statutory request is made, the employer has an obligation to respond to it. “The law only requires this to be done within 3 months of the request being made, so it is not always a quick process,” he forewarns. But on the plus side, Latham notes that an employer can only reject a flexible working request for specific business reasons, such as “additional costs or any potential negative effects on the quality of your work or your job performance.”
What if my WFH request is rejected?
If your request is unfairly rejected, Poulter suggests pushing back. “You should challenge any refusal if it cannot be supported or reasonably justified by the employer,” he says. “It may be the case that there is some scope for negotiation too, for example working from home for only part of the time.”
Latham agrees, adding that if a request has not been dealt with reasonably, you may have the right to make a claim in the Employment Tribunal for up to 8 weeks pay or £4,352, whichever is lower. “There may be other options available to you, such as constructive unfair dismissal or discrimination claims, depending on the circumstances,” he explains.
Ultimately, it’s important to keep in mind that asking to work remotely isn’t asking a lot. And if your employer acts like it’s not a reasonable request, Poulter thinks that’s a sign they’re behind the times. “In my experience over the past 18 months, there has been a dramatic and necessary shift to make homeworking possible and successful,” he says. “Many of the reasons that were previously used to refuse flexible working requests no longer stand up to scrutiny.”
“Flexible and agile working seems here to stay,” he adds. “And those businesses who refuse to engage with their workforce on this may see people looking elsewhere for work in the future.”
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