Hybrid and flexible work arrangements are no longer temporary solutions – they are now a core feature of many workplaces.
While these models can improve productivity, retention, and employee satisfaction, they also introduce new legal and operational risks. Without clear policies, employers may face uncertainty around expectations, consistency, and even potential claims such as constructive dismissal.
A well-drafted hybrid or flexible work policy is essential to help manage these risks and support effective workplace practices. The following are key considerations for employers when developing or updating such policies.
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Clearly Define the Type of Work Arrangement
Hybrid and flexible work policies should begin by defining the type of arrangement being offered. The terms “hybrid,” “remote,” and “flexible” are often used interchangeably, but may refer to very different models.
For example:
- Hybrid work typically involves a set number of in-office and remote days;
- Remote work may allow employees to work entirely off-site; and
- Flexible scheduling may allow employees to vary their working hours, provided total hours are met.
The employer should expressly reserve the right to modify or discontinue hybrid or flexible work arrangements where operational requirements change. Without clear reservation language, a court may find that the arrangement has become an implied term of the employment contract. If that occurs, a unilateral change could support a claim for constructive dismissal, as seen in Parolin v. Cressey Construction Corporation, 2025 BCSC 741.
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Set Clear Expectations for Availability and Communication
A policy should outline when employees are expected to work, when they must be reachable, and how they should communicate with colleagues.
Key elements often include:
- Core or regular working hours when employees must be available;
- Expectations for responding to emails, messages, or calls;
- Reinforcing the employee’s obligation to act with loyalty and fidelity, including the expectation that remote work privileges will not be misused;
- Requirements for attending virtual or in-person meetings;
- Office attendance requirements (for example, specific days in the office).
Clear expectations help maintain collaboration and prevent misunderstandings around availability.
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Address Privacy and Data Security
Remote work environments can create heightened privacy and data security risks. Hybrid work policies should emphasize employees’ obligations to safeguard confidential information, including:
- Using secure networks;
- Avoiding storage of confidential information on personal devices;
- Restricting use of third-party applications, including AI software, for sensitive information; and
- Following procedures for reporting privacy breaches.
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Be Transparent About Technology Use and Electronic Monitoring
Hybrid and remote work environments often rely on digital tools that track productivity, system access, and workplace communications. Employers should be transparent about how these technologies are used and whether any form of electronic monitoring occurs. Clear disclosure can help maintain employee trust and reduce the risk of privacy complaints.
In British Columbia, electronic monitoring may engage obligations under the Personal Information Protection Act (“PIPA”), as information such as login activity, location data, or productivity metrics may constitute “employee personal information.” As a result, employers should consider their obligations under PIPA when implementing such practices.
PIPA allows organizations to collect, use, or disclose employee personal information without consent if the information is reasonably required to establish, manage, or terminate an employment relationship. However, two important requirements apply:
- The collection must be reasonable in the circumstances; and
- Employees must be notified that their personal information will be collected and its purpose before the information is gathered.
Clear disclosure helps build trust and reduces the risk of privacy-related complaints.
Conclusion
As hybrid and flexible work arrangements continue to evolve, it is increasingly important for employers to ensure their policies remain current and responsive to emerging issues. Clearly defining work arrangements, setting expectations around availability and communication, and addressing privacy, data security, and monitoring practices can help reduce uncertainty and mitigate risk.
If your organization is implementing or updating hybrid/flexible work policies, reach out to Ian Jung or any of the lawyers at Ascent – we’re here to help!
