Scenario
Imagine this: Geri works in a mid-sized professional services firm. She is a mid-career project manager with two young children, a solid performance record and a hybrid working policy that allows staff to work from home two days a week.
She puts in a formal request to work from home four days a week. Her manager is sympathetic but says no: ‘It’s not personal, it’s policy.’
Geri raises a grievance, arguing that she is being treated unfairly and that her request is reasonable, given that her role can be done remotely. They call you in to help.
What is behind the tension?
Hybrid working has embedded itself in the post-Covid landscape. But access to it is not equal. A June 2025 article by the Office for National Statistics (ONS) confirms what many HR teams already know anecdotally: not everyone gets the same flexibility.
Between January and March 2025, 28% of working adults in Great Britain were hybrid workers. But that figure masks big gaps. Those with a degree were 10 times more likely to hybrid work than those without qualifications. Higher earners and those in professional occupations dominate the hybrid cohort. So do full-time staff aged 30-49.
By contrast, part-time workers, disabled workers, and those in lower income bands or more deprived areas are less likely to access hybrid models.
Hybrid working is not just about flexibility; it is about structural access to flexibility.
So, how do you handle Geri’s request?
Legally, her request is likely a statutory flexible working request under the Employment Rights Act 1996. From 6th April 2024, employees can make two such requests in a 12-month period, from day one of employment. Employers must respond within two months and can only refuse for one of eight statutory reasons (such as impact on performance, costs, or ability to meet customer demand).
The policy may allow two days at home, but policy is not law. If you want to refuse, you will need to show one or more of the statutory grounds applies, and that you have followed a fair process: meeting with her, considering alternatives, and providing a reasoned decision.
If Geri’s request is linked to a protected characteristic, such as being disabled or having childcare responsibilities, the risk profile shifts. A rigid refusal could amount to indirect discrimination unless you can objectively justify it under the Equality Act 2010.
The ONS data show hybrid access skews towards the most privileged categories of worker. That puts pressure on employers to ensure their policies do not just reflect the preferences of senior, degree-qualified staff, but support fairness throughout the workforce.
There is no legal right to hybrid work but there is a right to request it, and a growing expectation that employers will take such requests seriously. A blanket policy (two days maximum) is lawful but only if applied with enough flexibility to survive individual challenge.
What should you do?
Do not hide behind policy
Use it as a starting point, not a shield. A rigid cap may help with consistency, but it must bend if the law (or common sense) demands it. Think guideline not strait jacket.
Treat every request on its merits
Document the business reasons clearly. Vague notions like ‘team culture’ or ‘we’ve always done it this way’ will not suffice.
Think equality impact
If your policy disproportionately affects certain groups, for example, disabled staff, carers, or part-time workers, be ready to justify that effect. It may not be unlawful discrimination, but it could still be bad HR.
Use data to guide, not dictate
The ONS findings should inform your thinking, but do not assume what is true in the aggregate applies to the individual. Geri may be an outlier in her request, but if she can do the job well from home, that matters more than the trendline.
Revisit the business case for office presence
If you are holding to a two-day minimum, be clear about what those days are for. Collaboration? Visibility? Supervision? Be specific. If you cannot explain the benefit, your employees will not buy it and tribunals might not either.
Final thought
Hybrid work is not going anywhere. But access to it remains uneven. As these latest ONS data show, privilege plays a quiet role in who gets flexibility and who does not. HR teams cannot fix systemic inequality overnight, but you can ensure your policies do not perpetuate it.
Source: Who has access to hybrid work in Great Britain? – Office for National Statistics
