Treating staff fairly in hybrid working

Whether you're considering or introducing hybrid working, or if it's already in place, you should make sure you treat staff fairly and equally.

Including everyone

Wherever an employee is working, you should give them access to the same:

  • work
  • support, including access to their representatives (for example, a recognised trade union)
  • opportunities for training, development and promotion

Line managers should communicate regularly with everyone they manage. An employee should not miss out on anything because of where they work.

For example, schedule meetings or use technology to make sure everyone can take part in conversations and activities. Do not give people better or worse jobs depending on where they work.

Discrimination and the law

You must not disadvantage an employee because of a 'protected characteristic' – for example, if they are older or disabled.

For example, an employer accepts a hybrid working request from a male employee who has children. The employer refuses a similar request from a female employee because they think she'll be distracted by her children. This is 'direct discrimination'.

You must not implement a policy or practice which has a disproportionate impact on people with a protected characteristic unless you can prove a good business reason ('objective justification').

For example, an employer does not allow hybrid working for anyone in a particular role. This disadvantages an employee who is disabled and finds it difficult to travel to the workplace every day. Because the employer does not have a good business reason for this decision, this is 'indirect discrimination'.

If an employee is disabled, you must make reasonable adjustments when they are in the workplace and working remotely.

Find out more about discrimination and the law

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