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Legal insights & industry updates

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Updated Scottish Government guidance on office working published

Following Tuesday's announcement from the Scottish Government that employers can offer a phased return to the office from 31 January 2021, the guidance supporting that announcement has now been published. The guidance for offices should be read alongside general workplace guidance and general Covid guidance about staying safe.

What does the updated guidance say?

The guidance sets out 4 principles for hybrid working which should inform any phased return and any move to hybrid working in the longer term. These are:

  • the health and safety of employees
  • businesses should work with employees to consider flexible and hybrid working arrangements in their own contexts
  • a phased and co-ordinated approach should be considered to
  • a wide variety of models of working should continue to be promoted where appropriate

The guidance notes that the expectation is that employers will instruct a phased return to the office and that careful consideration of the appropriate flexible or hybrid working model will ensure that a wholesale return to the office is not required.

The guidance goes on to note over 20 different points that employers should consider when determining how best to implement a return to the office and in particular a hybrid model of working. This includes measures to ensure physical distancing and other measures to protect against the spread of coronavirus can be maintained.

Get in touch

Now that the Scottish Government has given the go ahead to begin a phased return to the office, the issue of hybrid working will be a live employment law issue over the coming months. In addition to considerations around the introduction of hybrid working policies employers may also be considering variations to employment contracts and other related employment law issues. Myself and the rest of the employment law team are here and ready to help employers navigate this next challenge.

From 31 January 2022, we encourage employers to consider the implementation of a hybrid approach to working – with workers spending some time in the office and some time at home where that can be done safely. It is recognised that homeworking still remains one of the most effective protections against the virus and for maintaining business resilience.

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employment law