Hot desking feels like it’s become a bit of a buzzword in recent years, with the latest statistics showing that more than half of UK offices have adopted it as a policy. The trend really kicked off post pandemic with a rise in employees coming into the office just a couple of days a week, and a surge in firms selling off office space.
Hot desking, which promotes a flexible office arrangement where employees use workspaces on a first-come, first-served basis, has been praised for its cost-saving benefits – particularly when supporting hybrid working. Employers also say that it encourages collaboration between teams while ensuring office space is used efficiently, reducing wasted areas.
Legal and HR Challenges
However, from an employment law perspective, long-term hot desking can open up a minefield of issues, leaving employers navigating new HR challenges they may not be prepared for.
In my view, if not implemented correctly, a hot-desking culture could actually lead to long-term employee dissatisfaction and unintentionally create hierarchical barriers.
It should be a key consideration that if not managed properly, hot desking could create a culture of every person for themselves with a risk of senior management or more assertive employees claiming better seating or having the final say when choosing a workspace.
To avoid this risk, employers should focus on building an inclusive, productive environment where people feel comfortable and supported when coming into work.
Developing a Clear Hot Desking Policy
Firstly, it is essential for all organisations to create a formal policy on hot desking which outlines the rules and regulations around fairness and equality with a clear guideline on how desks are allocated.
Remember to address any pre existing contracts and check for whether or not the policy does not unintentionally breach implied contractual terms under the Employment Rights Act 1996. If it does, make sure you take the adequate steps with your staff to find a solution that realistically works for both parties.
The policy should also prioritise any additional requirements – such as physical impairments, pregnancy, or neurodivergent conditions. Are you aware if your employees have a ‘preferred’ spot to work in – that is actually a necessity due to their needs? Many people do, and this could become a real issue, especially if an employee doesn’t feel comfortable speaking up about their needs. Creating a culture of transparency with an open-door policy is essential in tackling this. Make your team feel they can be honest and open with you at all times.
In order to comply with the Equality Act 2010, which requires employers to make reasonable adjustments for employees with disabilities, employees should regularly conduct workplace assessments to identify any additional requirements an individual may have. This isn’t just for new members of staff, so make sure you keep up to date with longer serving members, you never know what additional needs they may have as time goes on.
Health and Safety Considerations
One of these assessments include those in line with Health and Safety (Display Screen Equipment) regulations, that ensures seating, screen positioning, and desk height meet the standards needed to prevent any discomfort and injury. Employees are entitled to have regular assessments and be provided with the resources they need to work comfortably.
Beyond physical impairments, neurodivergent employees may also have specific needs that should be considered. A bad desk is subjective but could mean being too close to distractions (like noisy areas), too far from resources, feeling isolated from your team, or simply having an uncomfortable desk setup.
It’s also vital to remember that hot desking may not suit everyone, and many neurodivergent employees thrive on familiarity and routine. It would be worth considering a number of fixed desks for those who require them.
If a full-time fixed desk isn’t an option, ensure a clear schedule is in place – along with appropriate handover measures, such as cleaning protocols and ensuring comfort aids are readily available at all times.
Hot Desking and Data Security
On a wider perspective, employers should also consider data security risks associated with hot desking, ensuring compliance with GDPR by providing secure storage for confidential documents and clear guidance on digital security (such as password protection and screen-lock policies).
Hot desking should enhance productivity and inclusivity, but it is not a one-size-fits-all solution. By taking a well-thought-out approach that considers employees as individuals, businesses can foster a collaborative, efficient workspace where everyone feels valued and comfortable.
Tina is driven by her deep-rooted passion for helping people and strong experience in employment law. She is qualified as both a barrister and solicitor and is uniquely placed to work with both individuals and businesses to assist with the diverse challenges they face.
Her expertise spans the full spectrum of employment law, including advising employers and employees on dealing with unfair dismissal, discrimination, whistleblowing and employment tribunal claims, proceedings, and appeals. In addition, Tina has extensive experience advising on the TUPE aspects of corporate transactions and the outsourcing of contracts between companies.
To support the lifecycle of a business, Tina works closely with business owners, directors, and HR teams, empowering them with legal insight. She is also the founder of End Workplace Bullying Day.