The Ways of Working report analysed the practices of 28 companies in the financial and related professional services sector, and showed hybrid working has become the dominant model, offered by 96 per cent of firms. Two in five of the companies had a formal written policy on hybrid working, while the remainder have adopted an informal approach. Two-thirds do not have set office days, preferring this to be determined by specific team or business needs.

However, our research and day-to-day experience suggests many employers are beginning to put a greater focus on the importance of getting people back into the office to help shape company culture and, in some cases, boost productivity. Our analysis shows employers favour ‘carrot’ rather than ‘stick’ to get staff back into the office, with 70 per cent offering incentives including free or subsidised meals and social events. When it comes to recruitment, 85 per cent of companies said their hybrid working policy is a key feature of their recruitment process.

Since the outbreak of Covid, hybrid working has further developed across the legal sector where many firms, including CMS, have developed a flexible approach to how and where we work. While half our colleagues’ working hours are intended to be spent within the office, we operate flexibility and arrangements vary depending on a particular team’s requirements, nature of the work, client needs, and personal circumstances.

The Ways of Working report shows employers favour the ‘carrot’ rather than the ‘stick’ to get staff back into the office (Picture: stock.adobe.com)

Our approach is based on trust rather than rules, with personal responsibility at the core of how we work. CMS colleagues are used to working across offices and communicating virtually. We do, however, recognise there are benefits to working from the office, including building relationships, upskilling colleagues and maintaining our firm’s unique culture.

Like many of the companies participating in our research, we are also putting in place measures to encourage people to work from the office more regularly. This includes the provision of breakfast in the workplace and a regular calendar of engaging social events.

While there are many virtues in supporting hybrid working, it can also create significant issues for employers in getting some colleagues back into the office environment on a more regular basis. We are increasingly seeing employers seek advice on this issue.

Where an employee is not complying with an organisation’s expectations around office working, we would typically advise initial discussions between the individual and their manager or HR team to determine the reasons for this and how they might be overcome.

It can be beneficial for employers to encourage staff to consider what’s best for the organisation as a whole, rather than looking at it solely from their individual perspectives. It is also important that managers lead by example and clearly set out the company’s expectations in relation to hybrid working.

If the informal approach doesn’t result in improved office attendance, a process of disciplinary action, which could ultimately lead to dismissal, may be appropriate.

It is always recommended that employers communicate their policy position – formal or informal – to staff and underline why a prescribed level of office working is necessary. Employers should consider additional flexibility for colleagues with disabilities or where there are other equality factors, including childcare commitments.

There is no one-size-fits-all solution to hybrid working policies. Employers need to adopt an approach that suits their business model and reflects the diversity of their people’s working preferences and requirements.

Abbie Harley, Senior Associate, CMS

There's no one-size-fits-all approach to hybrid working policies - Abbie Harley

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