Employees are increasingly prioritising work-life balance over other benefits. Studies by organisations such as Forbes and LinkedIn have found that employees who work from home are often more productive and engaged, and are less likely to leave than their in-office peers. In addition, hybrid and remote working widens your talent pool, and is an effective lever in attracting and retaining talent. But it is not a magic formula: the approach needs to be well structured.

Start with a role function audit to determine what roles can accommodate working from home. Consider factors such as the type of work, the extent that physical presence is required and confidentiality or safety issues. To avoid ambiguity, document the terms in employment agreements or a policy.

If you choose a contractual arrangement for hybrid or remote work, include an opt-out clause that allows you to review, vary or revoke the arrangement with reasonable notice.

Employers can set different terms for different functions. A role-based rubric (different terms and conditions for different roles) is advised to ensure objectivity.

A temporary arrangement for new starters of three to six months of full-time or near full-time office working can be a good idea while the new starter is onboarding and both parties are building mutual trust.

Positioning hybrid or remote working as a benefit can promote accountability, reward performance and provide a mechanism for managers to address concerns. However, it must be fair, transparent and well documented, including defining what good performance means (KPIs), review cycles, trial periods, the process to revoke hybrid or remote working arrangements, and an appeal process.

If the work-from-home arrangement was in the employee’s agreement with no opt-out clause, it is binding and would require the employee’s agreement to vary it.  

If working from home is not contractual, explore options such as a phased return or a hybrid model. If this does not resolve the matter, put your expectations in writing, outlining the potential consequences. If a staff member is still non-compliant, follow a fair and reasonable disciplinary policy.

lf the employee’s agreement specifies hybrid working and you want to make a change unilaterally, this could be a breach of their employment agreement. Even if working from home isn’t contractual consultation is important before you make any changes.

This depends on whether you have a contractual right to work from home. Even if you don’t have it in writing, your employer should undertake a fair and reasonable consultation process.

Yes, you should try to do this informally first. In New Zealand, any employee can make a request under the Employment Relations Act but they must meet the eligibility criteria.

If the employer knew at the time of hiring that you had carer responsibilities and/or lived a significant distance away, they are expected to act in good faith, but they are not automatically required to make permanent accommodations. 

If they agreed during the hiring process to flexibility, then you may have a claim that you had a contractual understanding and it is best to seek professional advice.

If hybrid or remote working is not in your employment agreement, then refusing to work in the office may be seen as ‘failure to follow a lawful instruction’. However, it would be expected that the employer would follow a fair consultation process.

If an employee continues to refuse to work from the office, the employer may choose to commence a disciplinary process, which could lead to termination of employment.