Government WFH plans could be very damaging for businesses

Government plans to give millions of staff a default right to work from home are 'not feasible' and will be 'very damaging' to businesses, an expert in employment law has warned. 

Recent reports claim that Ministers want to change the law and make it impossible for employers to insist on staff attending the workplace unless they can show it is essential.

The Government will consult on the plan - part of a drive to promote flexible working - over the summer, ahead of possible legislation later this year.

But Simon Gilmour, an employment partner at law firm Harper James Solicitors, warned: “It would be a massive and hugely controversial decision for the Government to follow through on the plan to give employees a default right to work from home. This is because the implications of such a decision on businesses and cities or towns where people work would be significant and potentially very damaging.

“To have a one size fits all approach to where employees work is just not feasible. Obviously, many types of employees, such as factory workers and healthcare staff just couldn’t work from home. Even for office workers, who cover a large spectrum of industries, it will not always be desirable or possible for remote working to carry on. 

“The Government’s plan apparently includes a caveat whereby employers could require their staff to attend the workplace where it was considered 'essential'. This could give employers a way out but would inevitably cause many legal and employee relations issues."

He added: “In a time where many businesses need more help from the Government, new laws which create more restrictions for employers will be most unwelcome. Instead, businesses should be left to decide themselves what working arrangement works best for their business and their staff. In practice, those businesses who can be and are more progressive and flexible with their employees will be the winners in attracting and retaining talent.”

The comments come just days after new figures showed how WFH has grown in the past year. 

Workers who did any work from home in 2020 increased to 37% on average from 27% in 2019, according to the Office for National Statistics.

Over the last 15 months, those working from home in the UK have reported a healthier work-life balance but have struggled with the challenges of virtual collaboration.

Of adults currently working from home, 85% wanted to use a 'hybrid' or flexible approach of both home and office working in future.

While the workforce is keener on the idea, there remains uncertainty among businesses as 32% have said they are unsure what proportion of the workforce will be sinking back into old routines.

Data from the Business Insights and Conditions Survey (BICS) showed that 24% of businesses that were able to trade, plan to adopt a permanent home-working model - while 28% were not sure.

Most individuals expect to return to their normal place of work by early autumn, the ONS reported.

Last year, around 4.7% of the UK worked from home according to Statista, while Finland topped the leagues with 25.1% of its population opting for remote working.

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Harper James Solicitors

Harper James is a full-service national commercial law firm with offices in London, Sheffield, Birmingham, and Cambridge.

Their solicitors provide expert corporate legal advice for businesses in the UK. Harper James provides expert business legal services from partner level lawyers, but at affordable prices for startups, SMEs and other businesses. The majority of their lawyers have previously worked for a top 100 UK law firm or in-house at large international businesses.

  • Headquarters Regions
    UK
  • Founded Date
    2014
  • Founders
    Toby Harper
  • Operating Status
    Active
  • Number of Employees
    50