Working from Home Legal Issues Uk

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Place of work: If an employee changes their place of residence as an employer, they should notify you as soon as possible. Also let your employees know that they need permission from their landlord if they want to work from home. You must be able to prove that you have fulfilled your duty of care. If possible, it is recommended that you have your health and safety officer (or a trained health and safety manager) conduct an initial inspection, and then periodically ask your home staff to complete self-assessment forms that will be reviewed by your health and safety officer or a trained health and safety manager. Expenses covered: Moving from an office to a home office can result in additional costs: lighting, internet, heating and gas. As an employer, you should discuss with your employees the expenses that will be covered. However, I announced last week that the government is unlikely to push for a full return of all workers to the office this summer, as the number of new Covid cases continues to rise and public sector unions focus on hybrid work practices. Theoretically, yes – unless you`ve given them a contract that says otherwise, or you`ve verbally made another deal or given them a reason by your behavior to believe they can work from home indefinitely. It is up to you, as the employer, to decide where the work should be done. In practice, however, you have to ask yourself if it`s worth it. The Covid-19 crisis has forced many people to start working from home in the very short term, leaving employers with almost no time to plan and prepare. Although some of the lockdown restrictions are now eased, social distancing measures remain in place. It is likely that a large number of employees, especially in office positions, will continue to work from home for the foreseeable future.

In exchange for relinquishing control over their employer and changing the balance of power, legislators have found that employees have a duty of care; From how they are selected to work, how they are treated during employment, to how their job can be terminated. Working from home is the most common way to work remotely. First of all, it should be noted that there is currently no legal right to work from home or to benefit from any other type of flexible working – unless otherwise provided in a person`s employment contract. The right is only to make a request for flexible work and to get the employer to consider this request “appropriately”. That`s all it is. However, the employer must prove that it reasonably contemplated this – a mere rejection of the application would not be legally acceptable. An employer may reject an employee`s home application if there is a business reason for the refusal. The process is as follows: Sign up for our newsletter to receive our legal news and updates. You can unsubscribe at any time.

Please read our Privacy Policy. *Obligatory. Employers have a legal obligation to ensure the health and safety of all workers, including those who work from home. The speed with which the lockdown was put in place and social distancing measures meant that employers likely would not have been able to carry out the usual checks on their employees` home offices. Describe the things your employee can and cannot claim in their contract. In certain circumstances, payments made by employers to reimburse reasonable costs incurred to work from home may be tax-free. Currently, 4.2 million people call their home their office and the expectation of flexible working is becoming increasingly popular. Is your business ready? If control is no longer possible because the employee is working remotely, there is a strong temptation to assume that legal responsibilities have also eased. Under the 1998 Working Time Regulation, time spent commuting from work is not considered “working time”. An employee can work from home all the time or as part of a hybrid work arrangement.

Here are the four most frequently asked questions regarding the legality of working from home: Not necessarily, although it is normally desirable to do so, unless such a change is provided for in the wording of the existing contract. It depends on the accuracy of your existing contract. If it is a substantial change in their working conditions – for example, a different workplace than specified in their contract – you should note the change in their contract. If you`ve left issues like where and time of work to management`s discretion, you may not have to worry about a new contract being issued. You are effectively firing them from your job, so you must have a valid reason, or those who have been on the payroll for more than a year and started working for you before April 6, 2012 (two years of continuous employment if they worked for you after April 6, 2012) can sue you for wrongful dismissal. Either way, it`s a more difficult step than it seems at first glance. Think long and hard and take good legal advice before doing so. Working from home may not be suitable for you or your employee. A fixed trial period and a revision engraved in the contract give both parties the opportunity to be flexible when working from home. Stay compliant by establishing clear boundaries and responsibilities for all parties. Conduct a risk assessment of the impact of working from home on privacy.

Prime Minister Boris Johnson is expected to announce that a guide on working from home – stipulating that employees should work from home if possible – will be abolished from 19 July. You should also include a provision that working from home can change if the employee moves. As an employer, you are responsible for your employees, so changes in workplace must be duly taken into account. It is very important that employers are there to help and support employees. Since remote work has caused problems for many people across the country, it`s important to have a support manager. This can become a problem, especially for some employees who can`t create a clear boundary between work hours and free time when working from home. Find out if you need a permit to enter the employee`s home. You may need to install, maintain or maintain the company`s equipment, or recover it once completed. An admission fee also allows you to conduct risk assessments for health and safety purposes. Peter Kelly, legal director of the personal injury team at Lime Solicitors, said: “I have no doubt that claims will be made in due course.

If you offer on-site services as part of your employment contracts, you must also offer these services to homeworkers. Failure to do so may result in allegations of discrimination and breach of contract. Working hours: If you work from home, employees may not automatically work from 9 a.m. to 5 p.m. (or 8 a.m. to 5 p.m.). As an employer, you need to set clear work schedules and even clearer boundaries between “working time” and “free time” so that employees don`t spend more than 48 hours a week at work. This does not include the cost of heating and lighting a work area. When you let employees work from home, you reduce your overhead and free up office space. In places like London, where office space is scarce, many companies opt for shared offices and do without permanent offices altogether.

Some executives now believe that remote work will become the new normal. A number of major companies, including Facebook, Twitter, and BT, are considering switching to working from home permanently. This makes economic sense for many employers. In addition to a better work-life balance for their teams, this could significantly reduce overhead. Employers preparing to reopen their jobs are likely to face some employees who need some level of work from home. We are introducing work-from-home policies for customers. These are highly recommended. If possible, we recommend giving the police the extra strength to be part of the contract itself.

Indeed, it establishes guidelines and rules for the most important questions, such as: whether they plan to permanently switch to working from home or preparing for additional flexible work demands from their employees, what are the legal considerations for employers? Managers should encourage employees to take regular breaks from work in front of their computers and to go out or exercise. You should also motivate workers to engage in hobbies and activities that will help them relax and unwind. These may include yoga, cooking, reading, or exercising. This will help combat stress in the workplace. We also create checklists for working from home. These are done in the form of a questionnaire that employees must complete. Important issues are addressed such as: Although there is no automatic right to flexible work, employers should be sensitive to childcare issues and, where possible, respond to appropriate requests. Non-authorisation of part-time work may give rise to complaints of indirect discrimination on grounds of sex if the reason for the request is due to childcare obligations.

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