The latest figures from the Office for National Statistics (ONS) show that, between January and March 2025, 28 per cent of adults performed hybrid working, up from 25 per cent the previous year.

This ongoing transition to hybrid work brings real opportunities for flexibility, productivity and work-life balance for employees across the country.

However, it also raises legal considerations that many employers should consider, especially if hybrid arrangements are offered more readily to some staff than others.

What do the latest figures from ONS reveal about hybrid working?

The ONS data shows that workers with a degree or equivalent qualification are ten times more likely to be in hybrid roles than those with no qualifications.

Higher earners and professionals aged 30 to 49 also appear to dominate the hybrid workforce.

While this may reflect the nature of certain roles, it also flags potential legal issues if access to hybrid working becomes linked (even indirectly) to protected characteristics such as age or sex.

Additionally, the top four occupation groups where hybrid work is most common (managers, directors and senior officials; professional occupations; associate professional occupations; and administrative and secretarial occupations) are saturated with degree-qualified workers, with nearly 90 per cent of employees with a degree-level qualification working in one of these top occupation groups.

Indeed, employees with degree-level qualifications are 10 times more likely to work in hybrid roles than those with no qualifications.

This suggests that degree-level workers have “greater access to hybrid work” than their counterparts with fewer educational qualifications.

When might employers be at risk of discrimination claims?

Clearly, some roles are not suitable for hybrid working because the work cannot be undertaken remotely – such as care, customer service, or construction roles, to name a few.

However, employers need to make sure they are not discriminating against employees when it comes to hybrid working.

Indirect discrimination occurs where a workplace has rules or arrangements in place that apply to everyone yet put a certain category of people at an unfair disadvantage, and the employer cannot show that the rules or arrangements are a proportionate means of achieving a legitimate aim.

Direct discrimination occurs where someone is treated less favourably than others because of a protected characteristic.

For example, if an employee is not permitted to undertake hybrid working because of their age, this could amount to direct age discrimination.

If employers allow hybrid working for some roles but not for others, or for some employees but not others, they must keep a clear record of their reasoning.

Employers should consider the content of their contracts and hybrid working policies regularly to ensure that they reflect the reality of the situation.

The return to the office

Several large and high-profile employers have recently mandated that employees must return to the office to work for at least a specified number of days per week.

It is important for employers to check that their employment contracts allow this.

Many employees prefer hybrid work, and this should be considered before mandating that employees return to the office completely or for an increasing number of days.

As more businesses offer hybrid and remote working, policies that require your employees to work from the office every day could affect staff loyalty and retention.

Hybrid working support with Mackrell

Whilst hybrid working is not suitable for all employees, it is something employers should consider carefully.

Our employment law specialists have the expertise needed to help you implement hybrid working policies that balance the needs of your business with the welfare of your employees.

We’ve helped many businesses remain compliant with their legal obligations, reducing the risk of potentially costly employment disputes and discrimination claims.

Should any issues arise, you can count on us for the best advice, guidance, and representation on all employment law matters.

If you have any questions or concerns about hybrid working policies, please contact Joanna Alexiou, Senior Associate and Head of Employment & HR, on 0207 420 4195 or via email at joanna.alexiou@mackrell.com and Neil Emery, Senior Associate, on 0203 542 2557 or via email at neil.emery@mackrell.com.