Hybrid working trial period progress update letter template

UK employment law and best practice

This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.

Hybrid working arrangements need to be managed consistently while recognising that different roles, employees and business requirements may require different working arrangements. A trial period can provide a useful evidence-based way of assessing whether a proposed arrangement works in practice.

Flexible working

Employees have a statutory right to request flexible working from the first day of employment. ACAS explains that flexible working can include changes to working location and that employers must deal with statutory requests in accordance with the applicable process. https://www.acas.org.uk/statutory-flexible-working-requests

A voluntary hybrid working trial should not be confused with the statutory flexible working request process. Where an employee has made a formal statutory request, the employer should follow the applicable statutory procedure and timescales.

Contractual arrangements

Employers should be clear about whether a hybrid working arrangement is temporary, contractual or discretionary. A trial letter should avoid creating uncertainty about whether a temporary arrangement is intended to become a permanent contractual entitlement.

Where an employee's contractual place of work or other contractual terms are being changed, the employer should consider whether a formal contractual variation is required.

Consistency and fairness

Employers should apply hybrid working criteria consistently and make decisions based on legitimate business and role-related considerations. ACAS recommends that flexible working decisions are handled fairly and that employers consider requests carefully rather than making assumptions about particular working arrangements. https://www.acas.org.uk/statutory-flexible-working-requests

A documented progress review can help demonstrate that decisions are based on the actual operation of the arrangement rather than subjective impressions.

Equality and reasonable adjustments

Hybrid working may sometimes form part of a reasonable adjustment for a disabled employee. ACAS explains that employers have a duty to make reasonable adjustments for disabled employees where applicable and that changes to working arrangements may be relevant depending on the circumstances. https://www.acas.org.uk/reasonable-adjustments

Where a hybrid arrangement is connected to an employee's disability or another protected characteristic, the employer should take care not to treat the arrangement solely as a standard performance trial without considering the relevant circumstances.

Health and safety

Employers continue to have health and safety responsibilities when employees work from home. HSE recommends that employers manage risks associated with home working and provide appropriate information and support. https://www.hse.gov.uk/home-working/

Where a hybrid trial changes the employee's working environment or arrangements, the employer should ensure that relevant home-working and workstation requirements continue to be addressed.

Monitoring and performance

Performance during a hybrid working trial should be assessed against the requirements of the employee's role rather than simply whether the employee is physically visible in the workplace. Clear objectives, agreed availability and appropriate communication expectations can make the assessment more objective.

The progress update should therefore focus on measurable work outcomes, service requirements, collaboration and agreed working arrangements rather than assumptions about productivity based solely on location.