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Home Business Remote working and what employers need to be aware of 
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Remote working and what employers need to be aware of 

by Uma Rajagopal
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Paul Kelly, head of the Employment law team at Blacks Solicitors

 

In May 2022, 24% of the UK’s workforce were hybrid working1  thanks to the rise in  hybrid and working from home roles which first began during the height of the Covid-19 pandemic. 

Many employers are now faced with the prospect of staff working from home more regularly, if not permanently. For those employers who, prior to Covid, had no provision in place for staff to work from home, it may come as quite a surprise to learn that it is not as simple as giving employees a laptop and telling them to get on with it. 

Paul Kelly, head of the Employment law team at Blacks Solicitors, shares his best advice on remote working and what employers need to be aware of.

Employers vs employees: What are their rights? 

Employers are responsible for providing  a safe workplace for their staff, regardless of this being at their home address or office. But what should an employer do to ensure that their legal obligations are met?

It is worth remembering that employees may have the right to request flexible working but it is not a requirement for this to be granted. However, this can only be turned down if there’s a valid business reason and it’s therefore important to make a decision based on facts and not personal opinion.  

While the Advisory, Conciliation and Arbitration Service (ACAS) has shared guidance for employers on the subject of remote working, there are some general tips that employers should be aware of. 

Employees must be provided with the right equipment to do the job and this should be consistent whether working in an office or at home. This can be anything from computer facilities to tables, chairs, and even a safe for confidential documents. 

A risk assessment of the employee’s workspace should be conducted the same as if they were in the office. Once the assessment has been completed, reasonable adjustments may be required and these should be coordinated. 

Employee contracts should be amended to reflect the fact that they are a home worker and these should include issues such as working hours and any compulsory requirements to visit the office. A formal homeworking policy can also be set out beyond contracts to make it clear what is expected from employees working from home and the support that is available from the employer. 

Security when working from home

With the continued threat of cybercrime, employers should ensure that home working does not jeopardise the security of their business and employee data. 

It is an employer’s responsibility to ensure that sufficient safeguards are put in place in home working environments to comply with data protection and relevant legislation. Employers must consider several factors including who will have access to the employee’s workspace and if confidential documentaries can be appropriately disposed of.

All equipment provided to home working employees must be protected by up-to-date cyber-security software. Home based devices and company equipment should be protected through both encryption and passwords and kept in a safe place when not in use. Employees and employers must identify an area where equipment can be securely kept where it can not be seen or accessed by guests visiting the home working space.

A policy for working from home

Employers should also consider implementing a ‘working from home’ policy to ensure that when employees work from home they can still maintain continued compliance with UK GDPR. Employers should check whether their employees’ contracts of employment or handbooks contain provisions relating to working from home. If employee contracts do not include these provisions, employers should ensure that these are added to all existing and future contracts for employees who may work from home.

Employers must establish steps for employees choosing to work from home to have access to equipment but to restrict access to designated company equipment. Employers are advised to discourage home work employees from taking any confidential information outside of the office. If this is necessary, employers should establish processes for staff to notify members of the management team of this.

It is advised for employers to take steps and establish a safeguarding process to maintain client confidentiality and confidence in the safe keeping and security of documents and information. Processes and instructions regarding both the store and disposal of confidential information should be outlined prior to a remote working contract being agreed to.

All employers have a duty of care to provide their staff with a safe working environment, even if this is their home address. It is vital that employers establish guidelines and practices to ensure that their legal obligations are met and that staff are protected whilst working from home.

 

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