Covid leading to 'two-tier' system between office and remote workers
Covid fuelling ‘them and us’ culture in workplace: How pandemic is leading to ‘two-tier’ system between staff in the office and those risking pay and ‘opportunities’ by continuing to WFH
- Employment experts warn of growing divide between remote and office workers
- There are fears of large benefits for people who decide to return to the office
- Comes as Google employees in US accepted a pay cut to continue home working
- Similar steps in the UK could widen the gender pay gap and impact the disabled
The pandemic is fuelling a ‘them and us’ culture in the workplace with a ‘two-tier’ system between office staff and those still working from home – who are also risking pay and opportunities by working remotely, employment experts have warned.
More and more employers are expected to persist with flexible working arrangements going forward, with staff allowed to work from home for some days of the week as the pandemic eases.
However, some workers still want to continue working from home full time, despite a drive from ministers for employees to return to the office.
Google hit the headlines this week after US staff agreed to take pay cuts to continue working from home – leading to fears of similar policies in the UK.
Employment law specialist Emma Bartlett told MailOnline that continuing to work from home, even in the face of pay cuts, could lead to divisions within the workforce and even widen the gender pay gap.
She said: ‘The home working arrangement during the pandemic was only ever temporary because of government advice and requirements. Now the government has lifted those requirements, employers are entitled to require employers to return to the office.
‘However, there is a real risk of employers creating a two tier system if they pay employees less because they work remotely.
‘It has the propensity to widen the gender pay gap if inevitably those with child caring responsibilities elect to work from home and women continue to be the primary child carers, or indeed take in more general caring responsibilities.
More and more employers are expected to persist with flexible working arrangements going forward (stock image)
‘Those with disabilities who may be concerned about an increased risk to their health of contracting Covid whilst commuting or being in the office may also elect to work remotely, and therefore suffer a pay reduction even though the value of their work will not have changed.
‘Employers must ensure it is able to provide a safe working environment in line with its health and safety obligations and must undertake additional risk assessment before doing so and put in place appropriate measures to reduce the risk of Covid spreading in the work place.’
Professor Cary Cooper, a psychologist from Alliance Manchester Business School, added: ‘Women will be working substantially from home and the men will go in more days a week than the women, and that will adversely affect their career.’
Joeli Brearly, founder of the charity Pregnant Then Screwed, said it was inevitable that those with caring responsibilities will continue to try and work from home.
She said those who choose to work from home will not have as good a relationship with their managers and could look ‘less committed’ to their job – damaging their chances of promotions.
However, others warned that employers desperate to get staff in the office could face legal troubles if they try and enforce pay cuts.
Ms Bartlett said: ‘It may be difficult for employers to objectively justify such different rates or pay. Many businesses have performed well despite an almost 100% remote working workforce during the pandemic as employees continued to be productive, with many working longer hours than they would in the office and finding it difficult to switch off with their ‘home office’ now only yards away from home life.
‘Employers will need to work hard to ensure that remote workers are not prejudiced in the long term by missing out on opportunities for career development, training and promotion, work allocation.’
Google headquarters in London. Google is planning to pay employees who work from home less because of the savings they make on commuting and costs like food
A running track at a site owned by property firm Derwent London. The firm’s CEO said demand is rising for offices with appealing amenities
The cost of commuting: Mail Online analysis on the thousands of pounds and hundreds of hours people living outside London spend commuting to and from work in the capital. Hours calculated through average journey time multiplied by number of days average UK worker works
Daniel Zona, of the Employment Law Team at Collyer Bristow, said: ‘Proposing to cut the pay of workers who refuse to return to the office part-time or at all may be lawful (even if it may not be seen as ethical) but certainly raises significant issues.
‘Generally employers should aim for a consensual approach to this sort of policy. When it comes to changing terms and conditions of employment, compromise on both sides is often the way to reach agreement.
Workers returning to offices are ‘struggling to cope with noise’
Many workers returning to offices are struggling to cope with noise or problems with facilities such as video conferencing, a new study suggests.
Research among 2,000 adults indicated that most of those who worked from home during the pandemic have now gone back to offices at least once.
The Institute of Workplace and Facilities Management said only one in four of those it questioned noticed any changes to their office layout on their return.
Seven in 10 home workers in the West Midlands, Northern Ireland and London have returned at least temporarily to the office, compared to half in the South West, Wales and North West, said the report.
Scottish workers were said to be the least likely to have tried to return.
Half of respondents believed they are more productive working from home, especially among younger workers.
Linda Hausmanis, chief executive of the Institute of Workplace and Facilities Management, said: ‘We are now at a tipping point, where the majority of us have had the chance to sample working from the office once again.
‘For far too many this has been a disappointing and frustrating experience. Employers must invest to allow workplaces to reflect new working realities, or risk a calamitous decline in productivity.
‘As we move into new modes of working, businesses must adapt physical spaces, working culture and supporting technologies.’
Seven out of 10 returning workers said they struggled to identify any changes to their offices since before the pandemic, and half felt their office needed modernisation.
Almost one in three said they no longer felt comfortable sharing a desk with a colleague.
‘It may be difficult to justify any cut in pay where the worker continues to do the same amount and type of work as before, or as those who return to the office.
‘An employer should also consider that a practice of paying staff who work from home less, even where the deductions themselves are implemented lawfully, could amount to indirect discrimination. Women tend to work from home more than other sexes, and by paying those who work from home less they could unlawfully disadvantage women. This could also widen the company’s gender pay gap.
‘The news that Google is considering this sort of policy may spur on other employers to do the same, particularly small businesses or those less fearful of litigation.
Malcolm Gregory, Partner in the Employment Law team at Royds Withy King, said: ‘Employers cannot change the terms and conditions of an employment contract without first gaining consent from staff, and it is important to note that Google is not forcing staff to accept a lower salary to work remotely on a permanent basis. It seems as though Google employees are being given a choice and can continue to commute into its offices and remain on the same salaries.
‘Whilst many employers, particularly banks and financial services businesses, have said they expect staff to work from their city offices, this carrot approach is interesting and one that is likely to be widely copied.
‘Staff who are not expected to commute, particularly into central London, are effectively being asked to waive their London weighting.
‘This is, however, an employment law minefield for businesses. If they want all staff to work from an office, they may face an increase in formal requests to work from home that cannot be ignored. If they offer fully remote working and wish to reduce salaries, they will need to gain consent. That may not always be given.
‘And staff with protected characteristics under employment law – particularly, age, disability, and pregnancy – who find it challenging to commute, may believe they are victims of indirect discrimination and bring claims against their employer.’
Office for National Statistics (ONS) figures released in June showed home workers only spend six-and-a-half hours a day on work.
In comparison, people still commuting into an office or factory spent around seven hours and 15 minutes a day working — including half-an-hour at home.
The data was taken from a survey of thousands of Brits, who were quizzed about how they spent their time over the past year.
The ONS data showed that, overall, the average amount of hours people spent working at home in the UK increased from 55 to 74 minutes a day from March and April last year to March this year.
Retirees, stay-at-home mothers and unemployed people were included in the data.
It comes amid more debate over remote working after Google slashed the salaries of those refusing to return to the office.
The move is part of a Silicon Valley experiment and will see employees who work from home paid less because of the savings they make on commuting and costs like food.
Office for National Statistics (ONS) figures show home workers only spend six-and-a-half hours a day on work
Though the plans are being considered in the US for the moment, it is thought that Google could later apply them to its London office. The tech giant is preparing for UK staff to return to the office from October – though it expects about a fifth of staff to continue working from home.
And, according to research from CV Library and Reed, the number of working from home positions available are continuing to rise.
CV library carried nearly 70,000 postings which allowed remote working between March and July 2021 – four times the number of the year before. On Reed, just 1% of jobs offered remote working in 2019, with the number now at 5%
However, Paul Williams, chief executive of property firm Derwent London, says he expects businesses to return to the office from September, with demand rising for offices with amenities such as gyms, bars and running tracks.
It comes after it was revealed that Whitehall officials are considering stripping civil servants of their London weighting if they continue working from home – a salary boost worth around £4,000.
Downing Street refused to condemn civil servants resisting a return to Whitehall, however, amid the calls for them to face a pay cut if they want to continue to work from home.
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