Addressing legal challenges in hybrid working discrimination

As how we work continues to evolve following the COVID-19 pandemic, the hybrid work model, which combines remote and office work, has become increasingly common.

The flexible work approach has numerous benefits for employees and employers but also presents challenges, especially regarding workplace discrimination. There is a growing demand for UK employers to actively tackle these issues to prevent legal repercussions and promote an inclusive work environment for all.

The growth of hybrid working

While hybrid working was not a new concept, the COVID-19 pandemic certainly sped up its adoption. This sudden shift meant that many organisations had to rapidly introduce new processes and procedures, enabling them to continue operations during lockdown periods. The benefits of flexible work locations have become increasingly evident, including improved work-life balance and greater autonomy for employees, as well as enhanced operational efficiency and reduced overhead costs for employers.

However, hybrid working can introduce some complexities that can inadvertently lead to discrimination, such as the differences in how remote and in-office workers are treated, perceived, and given access to opportunities and resources.

Discriminatory developments in hybrid working

In hybrid work environments, several discrimination issues can emerge, including:
1. Visibility bias: employees who are based more in the office may inadvertently receive more interaction with managers, resulting in the potential for improved opportunities, recognition, and promotions.
2. Accessibility and disability discrimination: hybrid working can have different impacts on employees with disabilities. While remote work may provide a more comfortable environment for some, others may face challenges due to inadequate home office setups or a lack of necessary support, leading to indirect discrimination.
3. Gender discrimination: hybrid working has the potential to worsen gender inequalities, especially for employees with caregiving responsibilities who may choose to work remotely more often. This could result in them being viewed as less dedicated or accessible than their colleagues.
4. Age discrimination: older employees may be less familiar with or confident in the technology essential for effective remote work, potentially placing them at a disadvantage compared to younger, more tech-savvy colleagues.
5. Ethnic and cultural discrimination: employees from minority ethnic backgrounds may prefer remote work to avoid microaggressions or an office environment lacking inclusivity. Nevertheless, opting for remote work may further isolate them, reducing their visibility to key decision-makers and potentially hindering their career advancement.

Ways you can support inclusive hybrid working in your organisation

There are many ways in which an employer can create an inclusive hybrid work culture; here are some best practices that you can implement:
• Policy development: establish comprehensive policies that address hybrid work arrangements and ensure compliance with anti-discrimination laws.
• Training and education: regular training sessions for managers and employees on recognising and preventing discrimination in hybrid work settings.
• Performance metrics: employ objective performance metrics that confidently and fairly evaluate the contributions of both remote and in-office workers.
• Career development opportunities: provide all employees with confident access to equal training, mentorship, and networking opportunities to foster professional growth.

It is crucial for employers to stay informed of the latest regulatory updates, technological advances, and any changes in workplace norms and expectations that could impact legislation and best practices.

As employment lawyers, we are dedicated to helping employers overcome challenges and safeguard workers’ rights. If you think your organisation may need support with any of the outlined issues, we encourage you to contact our team.