• Release of lockdown: continuing or ending home-working

    Although lockdown is generally easing across the country, government guidance advises people to continue to work from home if possible.  Meanwhile the media is reporting that some employers are deciding to keep staff working from home.

    Home-working has advantages; it eases the immediate difficulties of making workplaces Covid-secure and, longer term, it can significantly reduce the overheads for a business. Employers bringing staff back to the workplace may wish to take stock of recent home-working arrangements in preparation for any second spike in coronavirus or a localised lockdown.

    Zoe Lagadec, employment law expert with Mulberry’s Employment Law in London explains how to get home-working arrangements in order and looks at particular challenges for managers of remote teams, as well as how to deal with an employee who has had enough of home-working. Employers ending home-working arrangements, may face a wave of flexible working requests. Zoe explains why these need to be handled carefully.

    You should check the Government website for the latest guidance in conjunction with this article, as the guidelines on the coronavirus (Covid-19) are changing daily and speak to your solicitor for specific advice for your business.


    Contractual and policy changes

    To ensure home-working arrangements are clear, it is important to formalise these through your policies and employment contracts.

    Areas to consider include:

    • Whose IT equipment does the employee use?
    • Will you monitor the employee’s use of IT and if so, are you doing this lawfully?
    • How do you protect confidentiality?
    • Who covers the costs of home-working?
    • Does the employee’s house insurance allow home-working?
    • Do you need to be able to require the homeworker to attend other premises from time to time?
    • Do the employee’s working hours comply with the Working Time Regulations if the employee is working flexibly?
    • Do you want to have the flexibility to bring the arrangement to an end in the future?

    Challenges of remote management

    Employers remain responsible for their employees’ health and safety even though they are working from home. The Health and Safety Executive’s toolbox gives guidance on workplace assessments for homeworkers.

    Managers have had to adjust how they manage their teams after the move to home-working during lockdown. Employers should encourage managers to assess their remote management, share know-how with other managers and help them develop these skills.

    Home-working works better for some employees than others. Junior staff in particular may miss out on informal training and important day-to-day work experience that is difficult to replicate with a remote workforce. Regular, scheduled remote informal training sessions are important to support them. Mentorship can help, as well as encouraging team members to involve junior staff as much as possible.

    Other employees may be less productive because they are trying to work and look after children at home as schools are partially closed. Rather than moving straight to formal action against the employee, managers can discuss ways to ease the pressure, such as temporarily reducing or changing their hours or taking parental leave.

    Can employers insist on home-working?

    For some employees, such as those living in shared houses or with young children at home, returning to the office could not come soon enough. If the contract does not give you the right to insist on home-working, you need the employee’s consent. If the employee does not agree, the last resort is to dismiss the employee from the old contract and offer a new contract requiring the employee to work from home. We can advise you on the business reasons justifying these steps and on minimising the risks of unfair dismissal or a discrimination claim.

    Too many requests for home-working

    Many employees welcome the flexibility of home-working and avoiding the daily commute.  Employers trying to bring back some or all of the workforce may receive requests to work from home. Although it was reported that the Government would give employees the legal right to work from home, no plans have materialised yet.

    Currently, employees with 26 weeks’ service have the right to request flexible working, but employers can refuse requests on business grounds. In responding to these requests, you need to follow a set procedure and be alert to discrimination issues. For example, it may be indirectly discriminatory to refuse a request from a woman with childcaring responsibilities. We can advise you on how to prioritise competing requests and deal appropriately with any potential discrimination risks.

    For advice on making home-working work for your business or responding to requests for flexible working, please contact Zoe on 0203 858 7965 or email zoe@mulberryssolicitors.com.  Mulberry’s Employment Law has offices in Brighton and London, UK.

    This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

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