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Home working – employers’ heaven or headache?

One in ten of us works from home some or part of the time and the figure is rising, but has anyone done their homework into the legal implications for employers

Last month saw National Work from Home Day (Friday, May 18th) where employers are encouraged to embrace a new style of working for the sake of the environment and a more sensible work / life balance. Working from home offers many advantages to both employers and employees. However, it does not come without responsibilities on both sides whether an employee is home working on a permanent or ad-hoc basis. So what are the issues involved?

Firstly, employers have a duty to ensure employees’ wellbeing and the company should carry out a risk assessment to identify and minimise any health and safety issues. For example, someone working long hours on a computer at their kitchen table without adequate rest periods could suffer an injury and you could be held responsible unless you have carried out a proper assessment. If you supply equipment for use at home, it is also your duty to ensure that it is safely installed and operated correctly.

If computer-based work is being carried out at home, security is also a consideration and it might mean it is inappropriate for employees to use their own personal PCs. In addition, visitors and other people in the home during working hours can potentially lead to breaches of confidentiality. It is vital, therefore, to ensure all home workers are aware of their duty of confidentiality at all times.

You cannot force someone to work from home unless their contract requires it. If, however, you are looking to encourage home working – perhaps to reduce overheads or take on new staff - you should follow a proper negotiation process. A trial period is also recommended as, when contracts are changed, an individual might find it difficult to return to their office-based location.

Employees can request the right to work from home and other flexible working options. While employers are under no obligation to agree, there are set ways for responding to applications for flexible working and established criteria relating to the nature of the job – not the individual – for agreeing or declining. The right to request flexible working extends to parents of young or disabled children and carers. However a good employer should think about extending this right to the entire workforce.

With modern technology, there are few legitimate objections to a request to work from home unless the job requires that the person is based on the premises. And, properly managed, a transition to home working can increase productivity, widen the talent pool, help with retention and encourage more mothers to return to work after maternity leave. However, home workers do need a different approach with regards to performance management and communications. It is easy for individuals to become isolated when they are not on site unless the situation is properly handled from the outset.

This article is free for republishing - One link must be active. ? 2008 Simon Dance

Links:

•http://www.ms-solicitors.co.uk/Community_care_law/index.html
•http://www.ms-solicitors.co.uk/employment_law/index.html

MS Solicitors are community law solicitors offering expert services in the areas of Employment Law advice and Employment Law training to employers of all sizes.

Home working – employers’ heaven or headache? / Author: simon-elliot

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