My role has returned to hybrid working: is it discriminatory if some colleagues get more flexibility?

Q: I’m in a role which has gone back to hybrid working of two days a week in the office with a 1½-hour commute each way.
Some employees in my department are allowed to come in once a month and others are questioned if they are not in for the two days. Is this discrimination or what is the advice around requesting working from home?
A: Some workers being allowed to come in once a month while others are expected in twice weekly seems like an inconsistent policy on behalf of the employer in this case, says independent HR consultant and workplace investigator, Michelle Halloran, of Halloran HR Resolutions.
While two days in the office, if not three, has now become the norm across the country depending on the sector or role, managers must apply their policies consistently whatever they may be, she says.
“They’re not breaking the law but they do need to be fair and consistent and engage with each person. It’s not discrimination, but it’s possibly unfair treatment,” she says.
If two desk workers carry out the same role, and one is allowed more flexibility than the other, “you’d have to ask why is that the case because that doesn’t sound very fair”, she says.
It is possible, however, that these workers were granted special arrangements due to personal circumstances, having requested to work primarily from home through legislation which came into effect in March.
Halloran foresees the granting of these requests causing issues in terms of harmony in the workplace with the potential for jealousy among those who must be in the office more than their colleagues.
“Employers have to be very, very careful to try and be fair and consistent.
“If I was that reader, I would raise it with my line manager and explain my circumstances, how far away I live from the office, and ask if I could do more remote work,” she says.
She advises to put this request in writing, and if this goes nowhere, a grievance outlining the employee’s concerns, as noted in the reader’s query, is another option.
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However, “they need to remember there isn’t any automatic entitlement to remote work. It’s like part-time work, you’re allowed to request it and your employer has to give it fair consideration but they are allowed to refuse,” she says.
Individual circumstances giving rise to special working from home arrangements can lead to resentment and jealousy, so much so that some people may “quiet quit” or leave an organisation entirely, says Damien McCarthy, founder and chief executive of consultancy firm, HR Buddy.
“I do think that it is line managers and the direct reports of workers who provide the best chance for organisations to get this right. Communication is key,” he says.
Individual circumstances, different roles and responsibilities, and people performing differently while working remotely can dictate different arrangements which can evidently lead to resentment or jealousy towards other employees, he says.
On the other hand, a sudden blanket rule across an organisation in which employees are directed to come into office more might only serve to stifle engagement and can lead to resentment towards the organisation itself, he adds.
If workers and their employers keep on playing the “cloak and daggers game”, the ongoing resistance to returning to the office saga will continue, he says, adding that more transparent and honest conversations concerning remote working arrangements must become the norm in order to achieve a successful level of flexibility on both sides.
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In this case, McCarthy recommends that the reader make an official remote working request whereby they could explain their reasons as well as how they are capable of fulfilling their role remotely.
When considering the types of reasons for making such a request, he points to the Workplace Relations Commission code of practice.
Examples of reasons for making the request can vary from reducing your commute and carbon footprint, to personal or domestic reasons, or special medical needs that prefer a quiet working environment, he says.
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