The COVID-19 pandemic has been a driving force to the recent acceleration of changes within the workforce. Necessity has led to organizations branching away from their typical operation and from this we can see that for some businesses, the fire has refined gold. After the initial negative impact of the need to adapt, many employers are discovering that new methods of operation are actually beneficial and will be maintaining these changes as the new norm post-pandemic. In some industries, the shift to remote working, or the so called “work from home” model has shown increases in the productivity of employees, employee satisfaction, better time-management and decreased overhead costs. Of course, some industries are better suited to on location operation and have not been able to implement a hybrid workplace.

The pandemic has demanded adaptability, flexibility and resilience from both employers and employees. Industries that have functioned the same way for decades have been forced to explore their options to continue operating. Naturally, because the pandemic created the need for distance, having employees work from their own homes was the clear answer for most industries that had the advantage of being able to complete their work with little more than a laptop and an internet connection. For some industries, or positions within industries, this so-called clear answer was actually quite blurry.

Now that the pandemic is slowly winding down (we hope) many employees have determined that they would like to continue to have the ability to work from home. In this great resignation crisis, employers need to consider whether demanding employees to return to the workplace is going to push valuable employees into seeking alternative work. Now that we all know many jobs can be done from the comfort of one’s own home, employers who wish to retain employees who occupy those positions must think first and foremost about choice. If employers want to retain valuable employees, as well as recruit new employees, then providing some element of choice for their staff will be fundamental.

There is a common theme of growing flexibility in the workplace. In providing some choice to employees, employers need to ask their employees whether they are an individual who wants to continue working remotely, come back to the office or begin a hybrid model of work. Employers need to trust their employees to know which option is the best for both the employee themselves, and the organization they serve. Consideration should be given to whether the employee flourishes at home or in the office, how their mental health is affected, and whether they properly manage the added responsibility that comes with working from home. For most, the hybrid model seems to be the best balance between collaboration with co-workers and individual productivity among employees. Naturally, employers need to recognize that this new model will not be without any challenges, but that putting the effort and resources, and most importantly, trust, into their employees through accommodating their choices will allow their employees to flourish and the organization to remain relevant and desirable for new talent.

Research has shown that a hybrid model can benefit employers in the following ways:

• Reduced overhead costs
• Employee satisfaction
• Increased productivity
• Less distraction and deeper focus
• More possible and constructive interaction and collaboration with co-workers on days they are in person on location
• Easier for accommodation
• Employee retention
• Attractive for hiring

A hybrid model has been shown to benefit employees in the following ways:

• Improved mental health
• Less commute time and costs
• Flexibility
• Work space optimizing
• More productivity
• More comfort and less workplace pressures
• Increased desire to connect with co-workers when on location
• Better overall health management, especially for those who find working at home more comfortable for chronic pain, mental health matters or other medical issues

As we all operate differently, it is important for employers to consider their employees as the unique people that they are. Some employees may face difficulties at home due to family violence, or have a hard time focusing in their own environment, while others may need the social interaction or extra supervision. This is why it is crucial that employers give each employee the choice, if possible. Employers should also determine if the employee is someone they can trust to work from home, but must not discriminate by allowing some people and not permitting others who have the same position and ability to work from home. We also see that the lines can become blurred between work and home when employees have access to their work 24/7. Of course, there are so many different considerations we need to be mindful of, and so many unique considerations for each workplace.

For more information on the new “right” to disconnect, check out our blog entitled “Is there really a “right” to disconnect?”

While all of this is well and good, we should also consider that for many positions or industries, working from home is not an option. While some employees have had the privilege of being safe in their homes during the early days of COVID-19, others have had to faithfully attend their workplace regardless of the threat of the virus. Essential workers who have to be on location have not had the added bonus of flexibility. In some circumstances, this has created an “us” vs “them” kind of culture in workplaces as some employees are able to choose to stay home while the nature of others’ jobs does not allow the luxury of such. Despite not being able to provide a hybrid workplace for all employees, employers should still consider allowing some more flexibility in different ways for those employees who have continued to work on location. This may mean allowing for a little more selection in shifts or working hours, a compressed work week, more paid time off, etc. Incentives like this may encourage employees who feel that they are not able to benefit like those who have the ability to work from home.

Please note, employers are not obligated to continue operating this way and they may request that their employees return to a central location. Of course, there are caveats to that. If an employee has been hired during the pandemic and it is stipulated in their employment contract that they are to work from home, not just during the pandemic, then an employer will not be able to change a fundamental term of the employment relationship like that. This may open an employer up to a constructive dismissal.

An employer has every right to ask their employees to return to the workplace. As many employees have discovered that they enjoy working from home and many other employers are offering remote work, if an employer does not offer this arrangement to its employees, they may have difficulty retaining them and recruiting new employees.

In the ever-changing employment law landscape, it is crucial that employers assess how they operate to ensure that they are remaining competitive in an employee focused market. Employee satisfaction can make all the difference in the successful operation of the employer’s organization.