The shift to remote work, born out of necessity during the Covid-19 pandemic, is proving to be a transformative force in employment law. Employees are now more assertive about their rights to work flexibly, pushing boundaries that were previously untested. As Emma Hatton’s article in Newsroom highlights, this evolution is set to be the next significant challenge for employment law.
Flexibility in Contracts and Collective Bargaining
Bell Gully partner Liz Coats points out that employees are increasingly exercising their legal rights to work remotely. This is no longer a mere policy preference but a demand being embedded into contracts and collective bargaining agreements. “We’re seeing employees challenging changes to employer policies,” Coats observes, indicating a shift in the power dynamics between employers and employees.
Legal Foundations of Flexible Working
Before diving into the intricacies, let’s get the legal basics straight. The Employment Relations Act has long provided a framework for flexible working requests, but it was underutilized until the pandemic. Now, employees are frequently invoking this right, seeking to cement remote working as a contractual obligation rather than a temporary privilege.
Collective Bargaining: A New Frontier
Unions are playing a pivotal role in this transition. Coats notes that remote working terms are increasingly being included in collective bargaining. This is a significant development, as unions aim to make flexible working a standard part of collective agreements. Such moves are not just about convenience but about fundamentally reshaping the nature of work.
Health, Sick Leave, and Remote Work
Remote working brings unique challenges, especially concerning health and sick leave. There is an emerging expectation that remote work allows employees to continue working even when mildly unwell. However, this raises practical and legal questions about what constitutes appropriate sick leave. Employers must balance trust and oversight, ensuring that employees do not compromise their health while maintaining productivity.
Monitoring and Privacy Concerns
Remote work also complicates issues of monitoring and privacy. While employers have the right to monitor the use of their IT systems, any surveillance must be conducted transparently and in good faith. Secret monitoring can erode trust and lead to legal complications. Employers must find the right balance between ensuring productivity and respecting employee privacy.
Lessons from the Pandemic
The pandemic tested various aspects of employment law, such as vaccine mandates, leave entitlements, and redundancy processes. These tests generally showed that existing laws were robust and fit for purpose. Coats highlights that the fundamental principles of employment law remained unchanged despite the extraordinary circumstances. These principles will likely guide the development of future legislation.
Planning for the Future
The shift to remote work is not a temporary trend but a fundamental change in how we work. Employees’ expectations have evolved, and employment law must adapt to this new reality. While the core legal principles may remain the same, their application needs to reflect the nuances of remote and hybrid working environments.
Conclusion
The rise of remote working exemplifies a significant shift in work culture and legal expectations. As Hatton’s article underscores, the legal landscape is poised for significant developments. Employers and employees must stay informed and proactive in navigating this evolving terrain.
If you’re dealing with the complexities of remote work, understanding your rights and obligations is crucial. For tailored advice and support, contact us for a free 15-minute consultation.