Open-plan offices can certainly take some getting used to, particularly if employees have had their own office. Private offices are increasingly seen as a luxury of the past. While many employers may wish to concentrate upon the benefits of open-plan working, especially when trying to ‘sell’ the idea to their employees, it would be worth highlighting some of the pitfalls – some obvious some less so.
Health & Safety – The Workplace (Health, Safety and Welfare) Regulations 1992 have specific workplace duties in terms of dimensions and space, lighting, ventilation and temperature.
The Control of Noise at Work Regulations 2005 – impose further duties in terms of noise levels – although it is unlikely that noise levels in a normal open-plan office would exceed the limits specified – nevertheless individual employees may still be unhappy with the level of noise – whether it be too much or too little (believe it or not some employees complain offices have become too quiet and gloomy). Other employees who need to concentrate may complain of noise-related stress (and consequent illness).
Disruption: a move to an open-plan office might create a working environment that is unduly disruptive and could be unsuitable for certain types of employee in the performance of their duties. If an employee is unable to concentrate and the employer does not manage the situation there is a risk the employee may resign and claim unfair constructive dismissal. In the case of Dunne-Smith v London Borough of Greenwich an employee successfully claimed unfair constructive dismissal after a move to an open-plan office when the employer did nothing to remedy the noise, distracting and intimidating environment.
- Harassment: with employees working in closer proximity there have been higher incidences of harassment as it is the employer’s duty to provide reasonable support to enable employees to carry out their duties without harassment or disruption from colleagues.
- Contractual right to an office? Employees who have habitually worked in their own offices might potentially have a case for arguing that it is an implied term of their contract (ie by virtue of custom and practice). So far this argument has remained untested in the courts.
Employers: It is accepted that the points cited are likely at the extreme end but it is worth bearing in mind if you are considering a change to a open-plan office to consult with your employees beforehand and consider their concerns when you have moved.
