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Working from Home: Contracts & Clauses

Megan Thompson · September 21, 2021

Remote working was originally hailed as a temporary solution during COVID-19, but as it becomes permanent many employers must understand working from home contracts & clauses.

There is a reason why contracts or terms and conditions are known as the small print – a smaller font takes up less space and is easier to scroll through!

No one really wants to read through an extended contract, and this can be dangerous.

An irreverent survey by the website ProPrivacy.com left some unusual items in the small print of a document sent to survey recipients. The result was that 99% of respondents unwittingly agreed to conditions such as giving up naming rights to their firstborn child, allowing access to the airspace above their property for purposes of drone traffic, and inviting a personal FBI agent to Christmas dinner for the next 10 years!

A breach of contract can be very serious. For an employee it can mean dismissal. For an employer it can mean being taken to a tribunal. Contract breaches on either side can result in legal recourse.

Understandably, a lot of thought goes into drafting a contract, but what happens when circumstances change in an unexpected way? At the start of 2020, no-one could have imagined a situation when millions would find themselves suddenly working from home. Yet, this is what happened. The likelihood is that few companies had a ready-made home working contract clause.

Do you need working from home contracts & clauses?

Although organisations had a reasonable excuse for not updating contracts in time for the rush to home working last Spring, an argument citing lack of time no longer applies. With hybrid or home working now becoming commonplace, contracts need to reflect the new ways of working.

There is a good chance that a standard employment contract will not cover home or hybrid working.

So how do contracts need to change and where do working from home clauses in employment contracts need to be added?

The sections of the contract most like to be affected are listed below:

The right to work from home

Firstly and fundamentally, there should be a clause that defines the home working arrangement. This is important for clarity in respect of both parties.

Guidelines from Unison state that an employee would be classified as a regular homeworker when they spend 50% of their contracted hours working from home. The contract should ideally define the parameters for home working, although there may be a preference for a loosely worded clause, such as home working being permitted at the discretion of the line manager.

The contract should affirm that both employer and employee have the right to terminate the home working arrangement at any time.

For instance, Unison suggests a clause such as:

“Agreed home working arrangements are reviewed regularly and can be withdrawn if it is demonstrated that:

• The performance of an employee suffers as a result of home working;
• The effectiveness of the team in which the employee works is compromised; the business needs are not being met.”

A trial period can be specified, for instance, a clause can specify that a home working arrangement will be reviewed after three months.

Place of work / where the employee is based

A standard employment contract will specify the employee’s place or places of work and any relocation provisions.

The contract may need to be updated if the normal place of work will become the employee’s home. A straightforward amendment will simply comprise of adding a clause stating that the home address is named as a place of work, in addition to the office or usual workplace.

The new clause may be added by writing a variation of contract letter, which the employee needs to agree to and countersign to confirm their agreement.

Hours of work

Homeworkers are covered by the Working Time Regulations , which set a limit of 48 hours on the working week. There is also a requirement to take breaks. So, there should be no change to the existing contract in this respect.

However, many homeworkers will work flexible hours (e.g. childcare may be the reason why they requested home working), so there may be a need to outline the core hours when the employee will be working.

An employee working from home will incur expenses. They may be using their internet and phone for work purposes. They will need light and heat in their home when working. The contract should clearly outline what the employee can and cannot claim for.

Provision of equipment

Will the company be providing a workstation/desk and an ergonomic chair? What computers will be provided? Will broadband be upgraded?

The business needs to define which equipment is provided, and also how it is to be used. The equipment remains the company’s property, so what is the policy on using the computer for private purposes? Such questions need to be considered and incorporated into the contract.

It is advisable for work to be saved directly onto the employer’s system, maybe using a secure virtual private network (VPN). The company should implement data security measures, such as firewalls and anti-virus software.

The employee has a duty to adhere to the security policies which keeps the company’s data safe. Security policies will likely already be on the existing contract – but make sure you check!

Not everyone copes well with working from home. Away from the office, people can feel isolated or anxious. Employers have a duty of care to all their employees regardless of where an employee is based.

The employer should have a homeworking policy in place to help people adapt. An effective way of monitoring the mental health and concerns of home workers is to conduct regular employee surveys . It may be worth considering adding a requirement to take part in such surveys as a working from home contract clause.

Health & Safety

Office health and safety requirements also apply to employees who work from home. It is therefore important that initial risk assessments are performed. It may be that the home worker does this themselves, in which case, they will need advice and guidance. Online ergonomic assessments are available.

The assessment should include ensuring the seating and workstation are set up correctly, testing electrical equipment and ensuring there is adequate ventilation. This assessment may be required to validate the employer’s liability insurance.

The contract should include health and safety policies for home workers.

Visiting rights

Do you want the right to enter an employee’s home? Why would you want to do so? For instance, you may need to install, maintain, or even retrieve company owned equipment. You may want to do a risk assessment. Or maybe the employee’s manager will need to do regular performance or health reviews.

If so, you should add a clause to this effect. You may want to specify how home visits would be organised, e.g. giving a week’s notice in writing. Employees should have the right to safeguard against unexpected, impromptu visits to their home.

Contract clauses – the process

A contract cannot be changed without consulting the employee first. Imposing changes without consultation could mean a claim by employees for damages in a civil court, industrial tribunal, or a constructive dismissal claim.

Adding clauses to allow homeworking shouldn’t be contentious, so the best way to proceed is to talk to your employees and explain the changes. They have the right to challenge the changes, so there may be the need to negotiate.

Any agreed changes to the contract should be confirmed in writing and kept on file.

Amending contracts can be time-consuming, but it is essential to ensure they are up to date and fit for purpose. They are there to protect all parties.

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Working From Home Policy (HR Guidelines)

Anne morris.

• 5 August 2022

IN THIS SECTION

With more employees than ever working from home, employers must ensure they have a working from home policy in place that is clear on standards and expectations for remote workers, while ensuring legal compliance and protecting their interests.

In this guide for employers, we share an overview of the law relating to working from home, including an employer’s legal responsibilities toward their employees, and what a working from home policy should include as a matter of best practice.

The law on working from home

Homeworking is where a member of staff is permitted to carry out their daily contractual duties from home on an occasional, temporary or permanent basis.

The employee will typically still work in accordance with the core conditions under their contract of employment, such as the same working hours and pay, but will not be required to go into their official place of work for those days where working remotely has been agreed on hybrid working basis .

Working from home is a type of flexible working arrangement that can enable employees to meet the demands of their job role while providing a degree of flexibility to achieve a better work/life balance.

There are also various benefits to homeworking for your business, including lowering overhead costs, freeing up office space, and a happier and potentially more productive workforce with improved staff retention.

There is no legal right to work from home .

Employees have the right to request flexible working after accruing 26 weeks’ continuous service . As an employer, you do not have to agree to any such request by law, although you are legally required to consider a request made and provide sound business reasons for any refusal.

What are an employer’s responsibilities for homeworkers?

By law, all employers are under a duty of care to ensure the health, safety and wellbeing of their employees, including when an employee works from home.

Ordinarily, you would be expected to carry out some form of health and safety risk assessment of the workspace available within the employee’s home environment. A risk assessment can still be completed, even in the current climate, by way of an employee questionnaire, ensuring that every individual feels that the work they are being asked to do can be achieved safely at home.

You will be responsible for ensuring that employees have access to the right equipment and technology needed to conduct their role from home, such as a laptop, mobile phone, suitable business software and good internet connectivity. Where this needs to be set up or provided, you will be responsible for making this happen, together with any necessary training and support to work from home or to use any remote working systems.

During the course of any period of homeworking you should also keep in regular contact with employees, checking on their health and wellbeing. This includes any mental health issues that may arise as a result of high levels of stress and anxiety, or feelings of isolation, caused by working from home or because of work-related issues.

What should a working from home policy include?

Whether you are considering implementing a working from home policy on a permanent basis or as a temporary measure, you will need clear rules setting out any eligibility requirements, how to request working from home and how this will work in practice.

Below we consider some of the key aspects of a working from home policy.

Eligibility criteria

Your working from home policy should include clear guidelines to let your staff know who is eligible for home working and who is not, as well as how to apply.

When considering eligibility, you will need to take into account the impact on your business of allowing homeworking, and whether this is economically and operationally viable without placing your business at a significant disadvantage.

It may be that the business can survive with only a key number of employees working within certain roles, with the majority working from home. In other cases, working from home may not be possible at all.

Any decision to allow homeworking does not need to be implemented across your entire organisation, although you should be transparent and clear about the basis upon which employees are eligible to work from home, ensuring that this does not discriminate against certain individuals or groups of individuals.

Carrying out a risk assessment

For those who are eligible for homeworking, you will still need to carry out some form of risk assessment for that individual, ensuring that they can work from home safely and reliably without direct supervision, and whether homeworking is feasible in terms of space and equipment, as well as any caring responsibilities, such as for young children or sick and elderly relatives.

Your questionnaire should include asking details about the employee’s personal circumstances or vulnerabilities that you may need to be aware of, such as whether the employee is pregnant, has a weakened immune system or a long-term medical condition such as diabetes, cancer, chronic lung disease or respiratory conditions such as asthma, or lives with anyone with these conditions.

You will also need to ask questions relating to the viability of working from home, including access to any necessary devices, paperwork, office furniture, computer applications, software and a secure internet connection.

Establishing a homeworking agreement

Homeworking can be very different to face-to-face work practices, presenting all sorts of new practical daily challenges. It is important that you set out how you expect employees to perform while working remotely, exactly what they are required to do and how things will work in practice.

This should include agreeing to the following:

• At what times the employee will be available to work
• At what times the employee will be able to take breaks
• The ways in which employees will keep in touch and with whom
• Who employees should contact if they have any problems
• Exactly what the employee is required to do
• How their performance will be managed and measured

It is important to recognise that some individuals may find it hard to organise themselves when working from home, so setting daily or weekly tasks may be a good way of providing a suitable structure for those working remotely.

Ensuring cyber security and data protection

When working from home it is important that employees are fully trained in the requirements of the General Data Protection Regulation and the Data Protection Act. If you plan to let your staff use their own devices when working remotely, you need to think about how they will keep any important data safe and private, as well as how any hardcopy files and paperwork will be stored.

You should ensure that homeworkers store and save all online files in the central cloud storage for your company or organisation, and not locally on their own device. Your work from home policy should also include rules such as ensuring employees protect their own devices with antivirus software where necessary. You may need to offer a financial contribution to cover this cost.

Keeping in touch with homeworkers

Regularly keeping in touch with homeworkers is not only essential to the operational needs of your business, but to ensure their health and wellbeing.

It is important that employees have the means to easily communicate with their manager or colleagues, so as to share progress and stay up-to-date with work projects. This might involve new ways of working, for example, using video or conference calling technology, as well as ensuring that employees feel fully supported on both a professional and personal basis.

For those homeworkers with children or other caring responsibilities, you will need to be sensitive and flexible toward their situation. You may need to agree to a more flexible homeworking arrangement, for example, working reduced or different hours, or reducing work targets and being flexible about deadlines.

You may also need to make adjustments to any temporary arrangements to improve an individual’s working conditions, as well as ensuring sufficient IT support to cope with the number of staff working from home at any one time.

Need assistance?

Making changes to working practices can offer considerable benefits to both the employee and employer, but it will be important to have an effective working from home policy in place to have clarity of roles and responsibilities.

Ensuring that you have in place a homeworking policy, with clear guidelines as to what is expected of an employee working remotely, is imperative to maintaining the operational needs of your business, as well as the health and wellbeing of the homeworker.

By failing to establish clear boundaries, this could lead to all kinds of issues including a lack of productivity, unmotivated employees, social isolation and over-working or working unsocial hours. By providing guidance and support, maintaining regular contact and monitoring an employee’s performance, you can help to manage and pre-empt any potential issues.

DavidsonMorris’ employment lawyers can help with all aspects of workforce management. Working closely with our HR specialists, we offer a holistic advisory and support service for employers encompassing both the legal and people management elements of flexible and hybrid working arrangements. Speak to our  experts  today for advice.

Working from home policy FAQs 

What should be included in a working from home policy.

The policy should provide the official guidelines for anyone working from home and for managers responsible for managing homeworkers. This includes details of what is allowable, expectations and the procedures to follow.

What is the law on working from home?

There is no right to work from home, but some employees have a right to request flexible working, which could include a remote working arrangement.

Can an employer refuse working from home?

Employers must consider a statutory request for flexible working, but they may refuse if they have good reason, such as disproportionate costs.

Last updated: 5 August 2022

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator , and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

• Anne Morris https://www.davidsonmorris.com/author/anne/ Work Rights for Migrants with UK Visas
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About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility .

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners , we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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An Employer’s Guide to Homeworking Policy

The years 202o and 2021 saw a dramatic increase in homeworking due to COVID – 19. Homeworking is a valuable tool for the employer and also employees.

This is an effective home working guide for employers. 

What is Homeworking?

Homeworking is a form of flexible working policy that involves the use of technology to enable employees/home workers to work away from the employer’s office. In this system, employees can either be mobile, based at home, or work from home occasionally. Homeworking has benefits to the employers but it requires policies and procedures to run smoothly and that is what this guide is about.  

Types of Homeworking

Occasional homeworking.

This type of homeworking is frequent and is done on an ad-hoc basis. This can happen when there is a specific task the employee needs to do that requires concentration without regular office interruptions. This can also occur in cases of illness or adverse weather conditions. To authorize such a request the needs of the company has to be considered.

Regular Homeworking

Regular homeworking is an agreement where the employee or home worker spends more than fifty percent of their contracted time working from home. The regular homeworker is to meet certain targets that have been agreed upon with the employer. To become a regular homeworker the employee has to put in a formal request to the employer. This formal response has to be reviewed and carefully considered by the employer or HR.

Permanent Homeworking

For this type of work, the employee spends a hundred percent of their time working from home. This also includes employees that permanently visit sites from their home base. This should be included in the employee contract. This kind of contract works best where the employee has an autonomous job. A formal request has to be filed before a permanent homeworking contract can be granted.

Benefits of Having Homeworkers for the Employer

Homeworking increases productivity.

Working from home helps the homeworker to avoid the possible distractions that can occur in the office. This improves output and increases productivity. It can also improve the quality of work of homeworkers who value working from home as their work-life balance is improved. This can also lead to a greater commitment from homeworkers.

Homeworking Reduces Overhead

Having homeworkers can reduce overhead costs. If employees work from home, less office space will be used. This will, in turn, lead to a reduction in rent, utility bill and business rates. Also, if the business is expanding and needs more space it may be cost-effective to have where possible some employees work from home in order to create more space.

Homeworking for More Diverse Workforces

Having a flexible system where employees can work from home means that the firm will be able to capture a diverse group of employees. Disabled people for example or a mother will be able to get involved. This means that your firm is open to more ideas and talents. Each individual has their unique way of doing things and this may help the company grow.

Improvement in Company Reputation

Having a reputation for flexibility might be a plus and be attractive to talented employees. Having this reputation may also help attract more customers to your firm as well as stakeholders. There are benefits to being seen as a flexible firm and it may help with word-of-mouth advertisement.

Flexibility 

Having a rigid system means that you are restricted to a particular region and territory. But with a flexible system, you do not have to consider geography as you can employ bright minds in a completely different country or continent. The flexibility of home working also helps you retain current employees. If for example, an employee has to move they can continue working for the company.

Reduced Carbon Emissions

Employees having to show up at work every day means that they contribute daily to pollution in society. Allowing some employees to work from home may be a way of showing that you care about the environment by reducing the number of pollution employees cause daily through commuting.

Some Possible Pitfalls of Homeworking

It is important to know the possible things to consider so you watch out for them and deal with them properly.

Separating home life from work life may be hard for the homeworker

The homeworker may easily let their work-life take over their home life and this can begin to affect their wellbeing. It may be necessary to produce a working guide for the employee or give regular breaks. It is also important to regularly check on the homeworkers.

Homeworker management 

For homeworking to function effectively there has to be proper management in place. This is more demanding than it would have been in an office building. There has to be greater trust between the homeworker and management. Also, effective communication tools should be set up for easy communication between the homeworker and the manager.

Homeworking costs

There may be some initial cost for setting up homeworking. This might include the cost of setting up communication tools, video calls but this initial cost will eventually even out with the cost saved from overheads due to reduced staff in the office. So, the savings may be greater in the long run for the company.

Access to employee representatives

Even though employees are working from home they still need to be able to communicate with their representatives i.e. trade union. As an employer, you should take reasonable steps for this to happen. You can have a space in the office for employees to meet with their representatives for example.

Homeworkers as carers

When a homeworker is also a carer you have to ensure that they know work time should not be used for caring for dependents. You should inform them that they are to create alternative arrangements for their dependents to be looked after by someone else during work time. This should be arranged before the employee becomes a homeworker.

The Legal Issues Around Homeworking

Health and safety of the homeworker

The health and safety requirements apply to homeworkers; therefore, you owe your homeworkers a duty of care. As an employer, you have to conduct an appropriate risk assessment to ensure that the ventilation, lighting, chair, table, computer, or any other work essentials in the proposed workplace is suitable for the work needed to be done.  

This risk assessment must be carried out with the proposed homeworker’s task in mind. You are required to supply the employee with essential equipment. If there is any dysfunction to be rectified after the home assessment, it is the role of the employee to rectify this. It is also the role of the homeworker to keep the workplace safe after it has passed the risk assessment and they are required to inform you of any change in the workplace.

Handling an employee’s flexible working request

Employees with 26 weeks of service can request to work flexibly. You are not obligated to accept such a request but there has to be a reasonable reason for refusing it. You have to properly communicate and explain this reason to the employee. The law sets out eight possible reasons for refusal:

• It will place a burden of additional costs on the firm
• It will have a detrimental effect on the company’s ability to meet its customer’s demands
• The company is unable to reorganize work among its current employees
• The company is unable to take on new employees
• Homeworking will affect the quality of work produced
• It will affect the performance of the employee
• There is insufficient work during the employee’s proposed work period
• There are planned structural changes

Supervision and support of homeworkers

A homeworker is still subject to the same support and supervision given to an on-site worker. There should be regular daily appraisals with the supervisor. The supervisor should also be quick to pick up on signs of stress or difficulty and it should be dealt with immediately. The appraisal, reporting, and support system should be agreed on from the onset. There should also be enough opportunity for the homeworker’s work to be reviewed and a system in place to track the progress of the homeworker. If a homeworker complains that their health is being affected this should be raised immediately and the homeworker referred to appropriate care. As well as a risk assessment it may also be important to carry out a stress risk assessment and issues raised should be addressed.

Confidentiality and data security

Data security obligations do not change simply because an employee is now a homeworker. Regardless of the location, work is carried out by the employer and the employee is still; bound by GDPR and other data security laws. The homeworker must be reminded of this. It is also important to assess equipment provided to homeworkers during a risk assessment to see if they comply with data protection laws.

The tax status of an employee does not change simply because they are now a homeworker. The income tax and national insurance contribution should still be removed from the employee’s salary. It is important to inform your employees about the possible tax implications involved with homeworking. In the course of carrying out their job, the homeworker may need to purchase additional equipment. You can pay tax-free payments to employees to cover the additional cost involved with homeworking. 

Working time

Under the Working Time Regulations 1998, the time an employee spends commuting to work does not count as working time. However, for a homeworker, the time spent commuting to the employer’s premises counts as working time. It is important to agree on the working times with the homeworker from the onset. It should be agreed if it will be a strict working time or flexible. If it is flexible core hours should be agreed and if it is fixed then breaks should be agreed on. This will help you ensure your employees are not overworking. Whilst agreeing on the working time it is important to ensure that homeworkers do not exceed the 48-hour limit on their working week and remember the traveling time adds to this. The only exception is if they have opted out of the maximum hours’ limit.

Mortgage provider

There is some mortgage agreement that prohibits the use of the property for business purposes without consent. It is important to remind employees to check their lease and obtain consent from their mortgage provider to work from home where stated. The homeworker should also get confirmation of cover from their home insurer in case a piece of work equipment causes damage. It should also be agreed from the onset if you will cover the extra premium.

Is Homeworking the Right Choice for Your Organization? 

One effect of COVID-19 is the increase in homeworking. This type of flexibility has many benefits to the employer. It reduces cost, increases the quality and quantity of work, gives the company a good reputation, and gives the employer a wider range of choices. Before deciding to allow home working, it is important to consider the initial cost involved, if you can manage employees from home, how to give homeworkers access to their representative and how to handle a homeworker that is also a carer.

You should also be aware of the legal issues involved such as data security, health and safety of homeworkers, support of homeworkers, and basic things that should be agreed on from the outset. With the advancement of technology and the flexibility the 21 st century brings, homeworking is definitely something to consider and implement where appropriate.

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How to make a working from home agreement with your employer (template included)

• Make sure the timing of you asking to work from home makes sense.
• Research whether your office already has a working from home policy. This knowledge will help you when you approach your manager.
• Deciding where your home base will be is an important element.
• Make a compelling case to your employer that you can work effectively from home. Show, don't tell.

We have put together this post so both employees that want to work from home and managers who are looking at frameworks for having their staff work remotely can have access to everything that is necessary for a working from home agreement. This will be a document agreed upon by both sides, outlining both side’s commitments for remote working. Feel free to jump right to our downloadable Working From Home Agreement template or keep reading for some details on what makes up the agreement and how to prepare for writing one.

Tool: Working from home agreement template

We have carefully laid out what exactly needs to be in a working from home agreement. Feel free to download our template to use yourself whether you are an employee or a manager.

Deciding to make teleworking official with your employer

First, you need to decide whether you are the type of person that wants to work from home. This doesn’t mean you need to be 100% remote, but you should figure out for yourself whether this is the time to make it official with your employer. A few things to keep in mind.

Is the time right to request to work from home?

Make sure the time is right. Do your managers have some time to consider your request? Would it actually make sense for you to be working from home right now? Each job is different, but you want to make sure you are asking during a good window of time. Perhaps it is during a pandemic when most are already working from home. You’d just be making it official. But perhaps if there is a lot of hands-on physical work and in-person meetings scheduled for the immediate future, this would not be the best time.

Prove that you are able to work from home

Whether you like it or not, a lot of employers are still a bit wary of the idea of a distributed working from home workforce. The absolute best thing you can do to make the case to your manager is to actually prove that you are capable of remaining productive and useful while working from home. Truth be told, not everyone is cut out for a work from home lifestyle. So consider working from home a few days per week to prove to your boss that you can do the work from a distance.

This is also about timing. Slowly build-up trust with your manager and check in with them regularly to show that you can effectively communicate progress on key projects. Set up systems for accountability that would be easily done in a remote work situation so it is less of a stretch when you do ultimately ask to work remotely.

Where will your home base be located?

A key piece for many employers is having employees available for the odd face-to-face meeting at the office. Will your home be located in the same city? Would it be easy to make a couple of trips to the office per month if your manager needs it? Or will you be moving your family to another geography and fully working remotely? These are good things to clarify with both yourself and your family before you consider taking the next steps. And consider what preference your supervisor might have in terms of having employees living in the same city as the main office.

Is there already a teleworking policy at your office?

You need to do your homework before asking your manager to switch you to a working from home scenario. Does your office already have some kind of teleworking policy ? Have others already been working remotely from home? If there is a precedent you could consider reaching out to one of those colleagues to see the process they went through. Also, consider checking in with your human resources department about company resources around remote work. You might be surprised to see that there are mechanisms in place for part-time and full-time work from home.

Become familiar with what is actually in the teleworking policy . Are there stipulations that might limit your ability to do your job from home? Does this policy still reflect the reality that we saw during COVID-19? Perhaps some things at your office have changed since then and working from home is now much more accepted. This might be a scenario where the policy needs to be tweaked, given the “new normal” that we all face.

For Employees:

Contact your HR department and check to see if there is already a teleworking policy. This will likely also be available in your employee manual and perhaps on your company intranet.

For Managers:

COVID-19 has shown a lot of workers that working from home is a viable option. If your company currently does not have a working from home teleworking policy, it is time to make one!

Justifying a working from home arrangement with your manager

Full time, part time or temporary telecommuting agreements.

When you approach your manager be as clear as possible about what you are proposing. Is this a temporary situation of working from home (for example, due to COVID-19) or are you looking for a more long-term working from home arrangement? Consider starting out small. Propose to your manager that you would like to “try out” working from home for 1-2 days a week. Slowly build up some trust with your manager and show them that you can actually put in the hours and be productive. As mentioned above, prove to them that this is a good move. Show up early to meetings. Dress like you are at the office. Contribute to your team at a high level. All of these things will help convince your manager that working from home might actually be the perfect arrangement.

Make a compelling case to work from home

When you are asking to drastically change your working model, you need to be sure that have come up with a compelling case. It’s not enough to just say that you hate the commute. That might be true, but you need to show why working from home with actually benefit your employer and not just yourself. Talk about how you might be able to put in more hours from home without a commute. Perhaps mention to your manager that you would no longer need a permanent desk at the office. Those desks are actually quite expensive and they might need the room. But most of all, mention how much more productive you can be from home. In short, by working from home you will be improving the efficiency of your office.

A few elements that can make a compelling case to work from home:

• Will you be more productive? For example, do you do a lot of writing that can benefit from working from home?
• How would you do a better job in your position if you worked remotely?
• How would you be more available if you worked from home? For example, perhaps without the commute, you could be available for earlier and later meetings.
• Do you have the technology to effectively work from home (ie. a good internet connection)

What should be in a working from home agreement?

Once you have confirmed whether your office has a working from home policy , then you may want to see if a formal request template or working from home agreement template is already made. If so, then this is obviously what you would use to come up with an agreement with your manager. In many cases, the manager or senior staff would actually be the one that works on the agreement, so consider this a time for collaboration on an agreement that works for both of you. If this is the first time your manager has worked with a staff member on a formal work from home agreement, they might appreciate the work you do on this. Make it easy on them! The more prepared you are, the easier it is for them to say yes.

But let’s stop beating around the bush. What should actually be in a working from home agreement? We have outlined some of the main elements that would need to be in this agreement in our downloadable PDF (also available in Word, and Google Docs), but we will cover the basics here.

*Please note that Home Werker is not a law firm and this document does not represent legal advice for either employees or companies. Agreements such as these should align with official company policy and be reviewed by trained legal experts.

Elements of a working from home agreement

A summary proposal.

Think of this section like a cover letter on a resume. This is a summary of you making your case. You can mention all of the justifications from above that make working from home a compelling solution for your particular job. Remember, what are the benefits to the company? How will working from home make you a better and more efficient worker?

You can also get into how you will manage to shift things you normally did from a traditional office environment to working from home. What are your key roles in the business and how are those fulfilled from home? For example, how will you specifically maintain regular communication with your team?

If a working from home policy already exist, this is the place to make reference to that policy.

Eligibility

Is it actually possible to do this job from a distance? This section will outline the current job description and how a work from home model is appropriate for that work. Any areas where physical presence at an office is required or preferred should be spelled out in this section. It may be in your interest to keep an element of physical connection with your office if you are still going to be living in the same city. Even if it is going to the office 2-3 times a month. Spell this out so your manager knows what you are committing to.

Temporary or permanent

This section should outline the specific nature of the working from home situation. Is this a permanent shift or will this only be temporary? Perhaps consider adding a section about regular check-ins to see how a remote working model is progressing at regular intervals with your boss.

Effective date

When will you start working from home? Be specific. If you are easing into it, make that clear in this section.

Costs covered by the employer

Equipment: You’re going to need to procure the right equipment to make your home office a place you can work from. This will include where you will source your computer and other technology and whether this needs to be purchased specifically or whether your existing office laptop will be used. Things like company cell phones can also be included in this section. Make sure you will have everything you would normally have access to in an office (within reason). Be sure that your work covers a comfortable chair for you!

Office supplies : Depending on your role, you may need to have access to things like envelopes, pens, printer toner, etc. Make sure it is clear how these will be sourced and whether reimbursements will be made by the company and the policy that should be followed for this.

Maintenance of workspace: You may want to spell out how your work will maintain the different equipment, software, and other items that you will need on an everyday basis. Similarly, a clause around your responsibility to maintain any work property can be mentioned here.

Reimbursements: How will you be reimbursed if you purchase it for office use? What is eligible? What policy needs to be followed?

Other accommodations: Do you need any specific accommodations in order to work from home? This could include ways to customize your space if you have a physical impairment. If any specialized equipment is necessary, make sure it is spelled out here.

Do an inventory of what equipment and stationery you will actually need in your home office. Will you need a company phone? Or can you just have it forwarded to your personal phone? This is important to work out in advance.

Yes, having fewer employees taking up space in an office will save money. But you will need to decide on what technology and other accommodations need to be covered by the company before agreeing on a teleworking model.

Benefits and salary

Do your existing employment benefits apply the same way when you work from home? Clarify this in this section. Similarly, mention your current salary and how it should remain the same even when working from home. Salary reviews should continue in the same way as they would when in the physical office space. You, as the employee, will agree to all other job requirements like you are working from the office.

Are there any specific tax implications from remote work? Mention that you will be responsible to figure out any tax changes that may take place based on working from home. Many locations will give some tax breaks and refunds for those that use a room in their home solely for working. We recommend talking to a tax professional on this one as the intricacies of each locality can have very specific ramifications.

Availability and accountability

Work hours: What hours will you commit to working? If there are core work hours where all employees are expected to be available, mention that this will not change (unless for some reason it will). If you think you might be able to start earlier in the morning you may want to mention this here. After all, you won’t be commuting anymore!

Availability for in-face meetings: If you can dedicate yourself to some regular visits to the physical office, mention what would be ideal here. We recommend maintaining some form of physical visits with the office if only to maintain social connections. Many managers will appreciate your committing to this.

Time tracking: In order to maintain trust, commit to using company-wide time tracking. Whatever form of tracking is the norm, use this. If nothing is currently in effect, you should talk to your manager about what would be acceptable to keep you honest here. Many organizations will require some kind of timesheet, time tracking, etc. for audit purposes.

Responsiveness and expectations around contact: Explain your commitment to being available on channels like Google Chat, Slack, Microsoft Teams, and email. Specifically, outline what hours you are expected to be responding to messages on a normal basis.

What is your company’s policy around overtime? While working from home it can be easy to fall into a habit of working longer hours than usual. Should these hours be logged as overtime? Or is it expected that some level of extra time is put in when working from home? What is the process for approving overtime with your employer? Clarify this with your manager. Be careful to not commit to unreasonable expectations here. Whatever is the norm for office workers should be the same here.

How should vacation be scheduled and communicated with the wider team? Are there any special stipulations for remote workers in terms of vacation time?

Security and inspection

Client confidentiality: It is expected that you will keep strong client confidentiality. This means that all of your digital tools will be secured and any physical files are secured in a locking file cabinet, limited to your workspace at home. If you have a particularly confidential role, you may have to undergo some kind of audit around the storage of files and information at your home.

Secure networks and IT: Outline the expectation you would have around the IT department setting up secure VPNs, proxies, file storage, and other digital security. Commit to keeping the same standard of security in your own local network as you would at the office. Since this is a technical area, consider talking with your IT department to find out what is necessary to get you up and running securely at home.

Inspection: Will a physical audit of your home’s security be necessary by the employer? Make note of that here. What kind of notice needs to be given for your employer to retrieve company property?

Consider whether your position needs access to top-secret information. What kind of digital and physical security will you need to have in place in your home office?

If a distributed workforce is a possibility for your company, how will you secure data? Make sure your IT department is on board to set up data management systems for remote employees.

Health and safety

Worker’s compensation and insurance: You should commit to keeping a workspace free of hazards, in line with company standards at the office. These minimum standards may need to be worked out with HR. Is your home environment insured? Will your workplace insurance cover you while working from home? It should, but this should be spelled out specifically in this agreement.

Liability: This would be a more legal section that would point towards policies around liability among work from home employees. Generally, the employee would be liable for injuries from their own premises.

Caring for dependents during work hours

This is an area that should be clear from the get-go. During COVID-19 it is understood that many parents and those with other dependents would need to take a reasonable time to care for these individuals during work time. During normal times, it should be clear that dependent care should not get in the way of normal office functions or availability. Just because you are working from home doesn’t mean you have the right to bring your kid to every online meeting. If you do need special accommodation it is recommended that you contact your manager and HR department to discuss your needs.

How to ask: Approaching your manager with a remote working agreement

This may actually take place before you even work on a template at all, depending on how much collaboration you are doing with your manager on the work from home agreement itself.

We recommend you approach the subject of requesting to work from home in an in-person meeting. A regular check-in may be the best time to approach this subject. Timing is everything! Have you done the leg work to make sure you can “make the case” that remote working will benefit the company?

Show you’ve done your research! Make sure you anticipate common issues employers may have and show you have a good answer to them. Here are a few points for you to be familiar with before you have the conversation with your boss:

• Can you ease into working from home? What if the manager offers you to work 3 days from home and 2 from the office?
• What hours can you work? Can you be flexible, given that you have now eliminated your commute? There may be an opportunity here, especially if your position deals a lot with other time zones. Make the case to your boss that this will be an asset to the organization.
• Is there already a working from home policy in place? If so, make sure you know it front and back.
• How will your specific job be done from home? Are there examples of agencies or other companies that do similar work remotely? Make sure you have these in your back pocket just in case your manager asks.
• How available can you be working from home? What tools will you use to show your manager that you are trustworthy and indeed getting the work done? We call this the “green” circle policy at my work. Make sure you are available on Google Chat, Skype, Slack, etc during core working hours.

When you finally meet with your superior, make sure you have (1) answers to the above at the ready and (2) your written proposal summary on paper. This would be the beginning of a work from home agreement that you would finalize with the help of your manager and HR department. Make it easy for your boss. Make sure they know that you are serious and have put in the research and work on this.

Be ready to counter any concerns that may come from your manager. But make sure it isn’t seen as being defensive. Instead, become an expert in this area. The more prepared you are the better.

You have likely seen how your employees performed from home during the COVID-19 pandemic. If you have a specific concern with this particular employee, be up-front. There may be a way to do a “trial” and slowly build-up trust in remote working.

Give it your all during a trial period

In many cases, your boss will want to “try it out.” Especially if they are also new to the idea of a distributed workforce. This is your chance to show them that you really mean business. For the period of your trial make it clear that not only are you just as productive as at the office, but you are way more productive and useful to the company.

You might be the first one giving this whole working from home thing a try in your team. Here are a few things you can do to prove that it wasn’t a mistake to let you switch to remote work:

• Be professional: Wear nice clothes to meetings and keep an overall professional tone to your work.
• Be on time: Be the first person to show up on a Zoom call. Always be ready to chat with the boss about your current work as you wait for others to join. You have you “stuff together”, make sure your manager sees that.
• Be available: Make sure you work at least the core hours of your organization. Go above and beyond within reason. Answer the odd Slack message that comes in late. Make it clear that you are even more reliable than you were when you were at the office. Make sure that “green dot” on your instant message platform remains green!
• Communicate, a lot: The biggest perceived downside of working from home is the lack of on-the-fly communication that is lost when you no longer see your team in the hallway. Replace this with regular video check-ins and ad-hoc meetings to show that you will make the effort to communicate.

If you do all of these things it should be smooth sailing. Essentially make it easy on your supervisor to realize that working from home does not mean a drop in productivity. In fact, it can mean the opposite. It’s your job to prove it to them!

Use our working from home agreement template

Whether you are an employee trying to figure out how to broach the subject with your manager or a supervisor looking to build an agreement for your employees, we think you will benefit from our Working From Home Agreement template . We have made it available in Google Doc, Microsoft Word, and PDF. Enjoy!

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We are two passionate international development professionals that work from home the majority of our time. We don't miss the commute!

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Legal and practical tips for employers on homeworking

This month on 19 May it is “National work from home day”. So what should employers be aware of if they want to facilitate homeworking? Akshay Choudhry of Burges Salmon LLP examines the legal and practical considerations.

National work from home day is organised by Work Wise UK, a not-for-profit organisation aimed at making the UK a more progressive economy by encouraging smarter working practices. Cutting out the commute by allowing people to work from home can be a win-win; offering opportunities for the employer to reduce/reallocate office space and, for the worker, the benefit of valuable time-savings.

According to the Office for National Statistics, 13.9% of the UK’s workforce were homeworkers in January to March 2014, up from 11.1% in 1998, and the proportion of the UK workforce working from home is likely to rise as employers increasingly recognise that flexible working, including homeworking, can bring benefits to their organisation.

More on homeworking

Line manager briefing: homeworking

Homeworking policy

Homeworking agreement

How to manage homeworkers

Good practice: flexible working

Homeworking may mean working exclusively from home, but the term “homeworker” can also be used to describe those who divide their working time between home and their employers’ premises, work at home on an occasional basis, or are mobile workers who use their home as an administrative base. Whatever the precise arrangement, there are a number of issues for an employer to consider.

Changes to employment contracts

It will normally be appropriate to tailor a standard employment contract in order to reflect any homeworking arrangements. In some instances, it may also be sensible to put in place specific policies to cover off some of the more practical arrangements.

Particular changes to the contract to consider include the following:

Place of work – if the employee will be predominantly working from home, the normal place of work will be the employee’s home, although the contract should also include a provision that the employee can be required to attend the office as necessary. There should also be a provision for what happens if the employee moves house – particularly if the move is further away from the office which may have financial implications for the employer (see “expenses” below).

Hours of work – specify when the employee will need to be available for work. For example, will the employee be required to observe strict office hours, have complete flexibility over when they work, or have certain “core hours” when they must be available. Will they be required to account for their time and if so, how?

Salary and benefits – you should take care that homeworkers are not treated less favourably on grounds of any protected characteristic. For example, if an individual is working from home because of ill-health and receives less favourable benefits than a comparable office-based employee, they may claim disability discrimination. Ensure, for example, that they have access to work related benefits (such as the staff canteen or workplace gym) even though they may not use them regularly.

Expenses – consider whether or not employees will be entitled to expenses for travel to the office or a contribution towards telephone, broadband, heating and lighting costs. Other expenses to consider include postal/courier costs, stationery costs and photocopying/printing costs. If certain conditions are met, payments by employers to reimburse employees for reasonable additional costs incurred as a result of homeworking can be tax exempt.

Confidentiality and data protection – this can be difficult to supervise remotely so include an express term to address what is considered confidential information and the necessary protections required (such as passwords, encryption, a secure filing cabinet, a shredder etc) and make sure data protection obligations are maintained. If the employee is using their own computer/phone ensure you have a right to monitor work communications on those devices.

Equipment – will the employee require specific equipment to perform their work? If so, who will provide and pay for this equipment and who is permitted to access it? Will the equipment need to be insured and, if so, whose responsibility will it be to arrange and pay for this?

Right to enter – do you want include a licence to enter the employee’s home (on reasonable notice) in order to install, maintain or service any company equipment, or retrieve it on termination? A right to enter may also help enable you to carry out risk assessments for health and safety purposes, although legal advice in terms of enforcing this right would be needed if the employee (or another person) was refusing entry.

Trial period – consider allowing the homeworking for a trial period, and include this in the contract, so you can assess whether or not the arrangement will work in the longer term. It is also worth including the right to require the employee to revert to office-based working.

There are also practical considerations to consider when agreeing to a homeworking arrangement.

Health and Safety

An employer is responsible for an employee’s health, safety and welfare so far as is reasonably practicable. This means that employers must conduct risk assessments of all the work activities carried out by employees, including those working from home.

Whilst most homeworkers will be doing low risk, desk-based jobs, you should ensure appropriate risk assessments are conducted both at the start of the homeworking arrangement and periodically thereafter. Consider how you might regulate stress levels, how to ensure rest breaks and other working time obligations will be met, whether specialist equipment is required or needs to be safety tested, first aid arrangements, and reporting work-related accidents. The Health and Safety Executive provides useful guidance regarding homeworking.

Generally speaking, there is no legal obligation on an employer to provide the equipment necessary for homeworking. However, it is advisable to consider this on a case-by-case basis – particularly where the employee may suffer from a disability and the provision of such equipment could be considered a reasonable adjustment.

Most employers will provide basic equipment at least. For example, most will want homeworkers to use only company computer equipment to ensure compatibility as well as maintenance of virus protection and other security measures. It may also be sensible to provide the homeworker with a dedicated telephone line.

If the employee will be using their own computer equipment, agree whether or not the employer should pay for its maintenance, repair and fair wear and tear.

Data protection and security

Carry out a risk assessment of the data protection implications of homeworking. This would include consideration of the following:

• Who might have access to the employee’s computer?
• Is the employee’s home adequately secure?
• What rules do you have regarding encryption, use of passwords, and the transfer of data between home and office?
• What rules do you have in place regarding the retention of data?
• What measures should be taken against accidental loss, destruction or damage?

Reporting and performance reviews

Out of sight should not mean out of mind. Adapting your reporting and review procedures, as well as individual management styles, will be important both for the homeworker – who may otherwise feel isolated and without support – and the employer – as you will need to monitor the quality and/or quantity of the homeworker’s output and retain the relevant level of control over the relationship.

Consider formalising the contact that homeworkers should have with their manager (for example being required to report in at least once per day/week). You could also require homeworkers to attend the office for regular meetings.

Public liability insurance

Check your employer’s liability insurance covers employees working from home. Make sure your actions (or any lack of action) don’t invalidate the insurance.

Mortgage provider consent

Remind the homeworker that they must have consent from their mortgage provider to work from home.

The mere fact that an employee is working from home should not change their tax status – you should still deduct income tax and national insurance contributions as normal.

However, you may advise the employee:

• to check any potential council tax liability as a result of homeworking;
• that some of their homeworking expenses may be tax deductible;
• that, in limited circumstances, they may be entitled to a tax deduction in respect of the expenses of travelling from home to the office; and
• if computer equipment provided by the employer is used for anything more than “insignificant” private use, a tax charge may arise.

Working time

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Normally, time spent by an employee travelling to their place of work would not count as “working time” under the Working Time Regulations 1998. However, where the employee’s normal place of work is their home and they travel to their employer’s premises or to see clients/customers, this could count as “working time”. You will need to ensure that homeworkers do not exceed the 48-hour limit on their working week when travel is taken into account (or that they have opted out of the maximum hours’ cap).

The war for talent is alive and well and people are demanding to work differently. With employees increasingly welcoming the opportunity to work from home, employers that are able to offer this should reap the rewards from this competitive advantage.

Akshay Choudhry

Akshay Choudhry is an associate at Burges Salmon LLP .

The future of HR: Embrace technology, but stay human

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These are very useful tips and information, Akshay! Thank you!

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Home and hybrid working: current employment law essentials for people professionals

What do HR practitioners need to know and do regarding contractual issues and health and safety law?

The CIPD has supported the people profession and employers in their  response to COVID-19  since March 2020 and continues to do so by providing a raft of up-to-date guides and resources. CIPD provision includes  supporting returning furloughed workers  and planning employees’  return to the workplace . Several of our guides focus on aspects of employment law, such as our guide on  flexible working measures for returning to the workplace .

This article sets out the main aspects of contracts and health and safety law. It includes what these mean for HR practitioners as they continue to play a pivotal role  at the forefront of organisations still navigating their way through the pandemic. Being proactive in the main legal and employer dimensions of home and hybrid working right now will help promote  good work  and pre-empt litigation.

Home and hybrid working to continue for many employees

The sudden shift to home working for a large proportion of the workforce in the UK was a hallmark of the initial employer reaction to the prevalence of coronavirus. It is now anticipated that, for over a  million people , home working is likely to stay to some extent, with the number of hybrid workers expected to increase correspondingly.

Hybrid workers are those who spend part of their time at their workplace and part of their time working from another location, such as their home. Our research on  hybrid working  indicates that the majority of employees want to keep working from home at least some of the time and will therefore benefit from CIPD  tools ,  guides  and a  webinar  on hybrid working. Our  line manager guide on supporting hybrid working  is especially helpful for HR practitioners and HR business partners in their collaboration with line managers responsible for hybrid working employees.

Employers using home or hybrid working arrangements need to act on a range of law-related aspects. These include:

• reviewing existing HR policies, for example homeworking or flexible working policies, and introducing new ones, such as a hybrid/agile working policy
• organising how workers will be managed and supervised, while ensuring no differential treatment
• incorporating new contractual clauses into employment contracts
• checking whether any employer’s liability insurance policies need updating
• identifying how confidential company, employee and client information will be kept secure, and
• identifying any employee tax implications, such as expenses incurred in working at home or for computer equipment provided.

Contractual issues in home or hybrid working requests and practices

Contractual issues are at the centre of planning and operating home or hybrid working, starting with flexible work.

There is currently a statutory framework for employees to make formal requests for a  flexible working  arrangement. However, new research reveals that nearly half of employees do not have flexible working in their current role despite the shift to home working, which sparked the CIPD’s recently launched campaign on making  flexible working requests a day-one right .

Although any alteration to a working arrangement specified in an  employment contract  will generally be a material change to terms and conditions of employment, home or hybrid working may be agreed on an informal basis without the need to formally alter an employment contract. This may be as part of a flexible or agile working policy which allows an employee to choose whether, and when, to work from home and in the workplace, subject to business requirements.

Employers should ensure that they adopt consistent HR policies and practices for all employees in flexible working. This might be by requiring employees to make a formal request to amend their contract, or by implementing a policy of discretionary hybrid working for all or part of the workforce, for example. 

An employer that opts for home or hybrid working to operate on a non-contractual, discretionary basis should be aware that the working arrangement may, depending on its nature, become an implied term of the employment contract over time. If it becomes a common and accepted practice, employees can argue they have a ‘custom and practice’ contractual right, should their employer decide to roll back on home or hybrid working. 

Further contractual issues to consider

• Employers who change the written statement of particulars of employment are required to give workers a written statement containing the particulars of that change. For example, if there is a contractual change to working location, this should be provided to employees in writing.
• A change to working location may be imposed on employees when an employer decides to give up or reduce their organisational workspace. If this occurs, some employees may not agree with such an attempt to unilaterally vary their employment contract. This would potentially be a breach of contract and could also lead to a claim of constructive dismissal or unfair dismissal by the employee. HR practitioners are therefore advised to  communicate and consult with employees on a proposed change to working location to get their agreement.
• Employers seeking to rely on a flexibility clause, such as a mobility clause, to make any such alteration should be aware that case law has interpreted these clauses narrowly. Flexibility clauses cannot be relied on unless the alteration is construed as reasonable or a minor administrative change which is not detrimental to the employee.
• Where home or hybrid working becomes a more permanent arrangement, consideration may need to be given to amending other contractual terms. This may include hours of work, salary and benefits, any expenses which can be claimed, and how confidentiality and data protection will be maintained.
• Employers should take care to ensure that homeworkers do not experience less favourable treatment compared with other employees. Consideration should also be given to the Equality Act 2010, and ensuring that any decisions about hybrid working are not discriminatory on the grounds of a particular protected characteristic.Where an employee has a disability, homeworking might be a reasonable adjustment but, in some circumstances, this could cause additional disadvantage. Therefore any impact on a given individual should be considered by HR practitioners. Inclusion  and  fairness  are paramount.
• An employer’s HR policies and procedures, including normal disciplinary and grievance procedures, apply to home and hybrid workers in the same way as to other employees. HR practitioners therefore need to ensure consistent application of all policies.

Health and safety law applicable to home workers

Employers must be mindful of their duty of care to home workers. Employers have a duty under the Health and Safety at Work Act 1974 to ensure the health, safety and welfare of employees as far as is reasonably practicable. If an employer employs more than five people, it has a statutory duty to have a written statement setting out its general health and safety policy.

HR practitioners will often have had a responsibility in managing health and safety considerations during COVID-19. Health and safety duties apply equally to home workers as to other employees, a point which can be overlooked by organisations. Therefore risk assessments of employees’ home workstations are required.

A failure to comply with health and safety measures could be considered a breach of the mutual duty of trust and confidence under the employment contract, and reporting a health and safety breach may be a protected disclosure. HR practitioners should be aware that there may be an increase in claims on  whistleblowing  or constructive  dismissal  in relation to health and safety. Employers’ duties include a duty to consult with employees on health and safety matters, which includes measures in response to COVID-19.

HR practitioners have a very important role in considering the main aspects of statutory employment law for home and hybrid workers. Good employers will be actioning these aspects now. Employers who aren’t are more likely to face cases brought against them at an employment tribunal. Time will tell.

This autumn, government figures will be published on the number and type of cases that were raised by employees in the year 01 April 2020-31 March 2021 - a main part of the pandemic period. However, it is in the figures for the year 01 April 2021-March 2022 that we are most likely to see the total number of cases related to the issues outlined in this article.

Ministry of Justice employment tribunal application figures for England, Scotland and Wales

Source: www.morton-fraser.com/knowledge-hub/employment-tribunal-award-statistics

Our Work-from-Anywhere Future ’, Harvard Business Review

‘ Working from Home during the COVID-19 Lockdown: Changing preferences and the future of work ’, University of Birmingham

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This document should be distributed to all staff before they commence a period of homeworking. It outlines the terms and conditions of their homeworking arrangement alongside confirming that the organisation reserves the right to cancel this arrangement at any time. It also includes a clause outlining the arrangements should an exceptional circumstance arise, such as pre-planned blackouts or power cuts. 

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Homeworking agreement

Our Homeworking Agreement Template supports remote work arrangements, outlining clear expectations for both employers and employees.

If an employee is due to commence a period of homeworking, this model homeworking agreement template outlines the applicable terms and conditions.

It is designed to be used where either a new or existing employee has agreed that their main place of work will be elsewhere than the employer's office, or in any event in a location which is not under the control of the employer.

It should be distributed to employees before they commence a period of homeworking.

What is a Homeworking agreement?

With the right to request flexible working now extended to all employees, not just parents or carers, home working may well become more popular amongst employees seeking greater flexibility. As such, as well as utilising this agreement, it is advisable that employers have a Homeworking policy setting out how any requests by employees will be dealt with.

This template is drafted to ensure that employers meet all of their legal obligations to their employees whilst ensuring that the work they receive is still of the standard that they might expect if the employee was in a more controlled environment.

All businesses should undertake a Risk Assessment for employees working from home.

What legislation and best practice guidelines have been taken into account in the development of this template?

Employment Rights Act 1996: Addresses terms and conditions, including the provision of flexible working arrangements.

Health and Safety at Work Act 1974: Requires employers to ensure a safe working environment for remote workers.

Data Protection Act 2018: Ensures data security and confidentiality for remote working arrangements.

Equality Act 2010: Prohibits discrimination, including ensuring equal opportunities for remote workers.

Working Time Regulations 1998: Defines working hours and rest periods, even for remote workers.

National Minimum Wage Act 1998: Ensures remote workers are paid at least the minimum wage.

Consult your jurisdiction's employment legislation or labor laws to ensure compliance with the template. Review the language for local precision.

Introduction

This agreement confirms the terms and conditions that will apply to you as a homeworker. Other terms and conditions are included in your written statement of particulars [ as well as the employee handbook ].

Reporting relationship

While working at home, you will report to [ name of manager ].

You will be paid a fixed amount of £[ amount ] every [ week/month ] while working from home. Overtime will not be paid unless [ name of manager ] expressly authorises it in writing in advance.

For each [ item produced/piece of work performed ], you will be paid a 'fair piece rate' of £[ amount ].

Each week, the minimum amount of work to be completed is [ x pieces ]. The maximum quantity of work that should be accomplished each week is [ y pieces ]. ]

You will perform the following duties at home: [ list work duties ].

[ When working from home, you must plan to deal with the potentially conflicting demands of job and family, and you must strive to be organised and disciplined. ]

Hours of work

You are not required to work specific hours and are free to do the accepted tasks whenever it is convenient for you.

However, there are some hours when you must be accessible to respond to phone calls or meet with management. These core hours are from [ time ] to [ time ] on [ weekdays ].

[ Company ] will generally expect you to contact your manager [ once a day/twice a week/once every two weeks ].

Rest breaks

You must take adequate rest periods as defined by the Working Time Regulations 1998. You must also:

• where work continues for more than six hours, take a 20-minute break and stop working during that break;
• ensure that you have a daily rest break of at least 11 continuous hours, i.e. the time between stopping work one day and beginning work the next day must not be less than 11 hours; and
• have at least one complete day each week when no work is done.

If you are sick and are unable to work, you must notify your manager as soon as possible, including the nature of your sickness and how long you expect to be absent from work. In these situations, [ Company's ] standard sick pay policy and process will apply.

Visits to [ Company ] premises

You are required to attend [ Company ]'s premises at [ address ] upon request for reasons such as training, performance evaluation, and team briefings. This will generally be no more than [ one day per month/half a day per month/two days per month/one day per week ], with the dates and hours agreed upon in advance.

You will be paid for time spent at the workplace on such visits at [ your normal rate of pay/some other rate ].

No additional payment will be made to you for time spent at the workplace on such visits. ]

Performance management

Your manager will conduct a performance assessment with you [ every six months/once a year ], in accordance with [ Company ]’s standard appraisal policy. The assessment will include a discussion of the specific issues associated with homeworking and any problems or issues that you have experienced or that the manager believes have arisen.

Visits to your home

Management reserves the right to visit you at home at agreed times for work-related purposes, including health and safety matters. It is a condition of this homeworking agreement that you agree to accept visits from management in your home. Such visits will be for the purposes of [ choose the relevant points and expand on them as necessary ]:

• delivering and collecting work;
• providing a channel for reporting;
• performance monitoring and feedback;
• general discussions about work-related matters;
• ensuring health, safety and security; and
• any other work-related purposes that [ Company ] considers appropriate.

Equipment and materials

It is [ Company ]’s policy that all equipment [ including computer equipment, and materials necessary for you to work at home ] will be provided to you by [ Company ] and maintained (and replaced when necessary) by [ Company ].

It is your duty to ensure that proper care is taken of equipment and materials provided by [ Company ].

Specifically, [ Company ] will provide:

• a [ laptop ] computer;
• a photocopier;
• a fax machine;
• a mobile telephone;
• a filing cabinet;
• [ other items as appropriate ].

On termination of your employment for any reason, [ Company ] will have the right to visit your home at an agreed time and retrieve all equipment, furniture and documents belonging to [ Company ].

Telephone and internet accounts

[ Company/You ] will pay the costs of connection fees for all telephone and internet connections in your home.

[ Company ] will reimburse you for all telephone and internet accounts associated with the use of your telephone and [ laptop ] computer used in connection with [ Company ]'s business. Claims should be made monthly on [ Company ]'s expenses claim form.

[ [ Company ] will pay all the bills for calls made by you on the mobile phone provided by [ Company ] to you, which must be used only for work-related purposes. ]

Stationery and postage

You should obtain receipts for any stationery purchased and any items posted in the course of your work and reclaim the costs from [ Company ] once a month, using [ Company ]'s expenses claim form.

You must carry out your work for [ Company ] in a room used only for that purpose and must not allow members of your family or third parties who are not employed by [ Company ] to access or use [ Company ] equipment.

[ You must also agree not to smoke in the room where the work is carried out. ]

You are responsible for keeping all documents and information associated with [ Company ]'s business secure at all times. Specifically, you are under a duty to:

• keep filing cabinets and drawers locked when they are not being used;
• keep all documentation belonging to [ Company ] under lock and key at all times except when in use; and
• set up and use a unique password for the computer.

Further, the computer [ and other equipment ] provided by [ Company ] must be used only for work-related purposes and must not be used by any other member of the family at any time or for any purpose.

Health and safety issues

[ Company ] is obliged under health and safety legislation to ensure the health and safety of homeworkers in the same way as for office-based staff. [ Company ] will therefore take appropriate steps to ensure that:

• all equipment and systems of work in your home are safe;
• all articles and substances are safely handled and stored;
• an analysis of your workstation is conducted;
• information and training on the safe use of equipment, including display screen equipment, is provided to you; and
• risk assessments are carried out in respect of the work that you are carrying out.

You have a duty to ensure, insofar as is reasonably practicable, that you work in a safe manner and follow all health and safety instructions issued by [ Company ] from time to time.

You are responsible for checking that all home and contents insurance policies provide adequate cover for the fact that you work at home.

If there is any uplift in the premium for any of these home insurance policies specifically on account of the work for [ Company ], [ Company ] will meet the appropriate extra premium upon provision by you of the appropriate documentation and receipts.

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23 January 2023 | HR & Employment

Homeworking Policy – Options as an Employer or Employee

This Insight is #9 in our Employment Handbook series, keep an eye out for more.

Homeworking Policy

Homeworking is a type of flexible working which, depending on the agreement between employer and employee, can be also used in conjunction with other arrangements such as flexible hours, working part-time, term-time working or the employer’s core hours.

Homeworking can be a great way to fit work around other commitments, such as childcare or caring for elderly relatives. It can also be used to reduce commuting time and costs.

A working from home policy clarifies the expectations and procedures for employees who wish to work from home. It is important to have such a policy in place so that there is a clear understanding of the company’s expectations and procedures regarding homeworking.

As an Employer, you have the option of incorporating homeworking as part of a flexible or hybrid policy, whereby employees are still required to come into the office on set days of the week.

Alternatively, you might be content with permitting your employees to work from home on a full-time basis.

Working from home: Benefits to Employers

Having employees who work from home permanently can be a great benefit to employers.

These benefits include:

• Employees based in different geographical areas which means organisations can recruit from a wider area.
• Saves costs of expensive commercial premises as they can have fewer or smaller premises.
• Helps protect business continuity as the business can be spread over different locations, rather than being focused in one location.

Working from Home: Benefits to Employees

Not only do employers reap the benefits of staff working from home, but employees do too:

• The arrangement allows employees to work for an employer outside the geographical area they’d normally be forced to work in.
• They are able to avoid the daily commute.
• Provides greater flexibility to the UK staff member.

Will working from home continue after Covid-19?

There have always been employers with homeworkers but, due to the COVID-19 pandemic, homeworking has become the norm rather than the exception.

During the pandemic many employers were compelled to allow staff  to work from home in accordance with government guidance, forcing a shift in approach to homeworking for many businesses, and so it is likely that homeworking will become more common in the future, whether as a full-time arrangement or as part of a hybrid working pattern.

Homeworking Legalities for Employers & Employees

Any employee who is recruited on the basis that they’ll work from home will need to have this fact set out in their contract of employment.

If an employee wants to change their working arrangement so that they can work from home, they’ll need an agreement with their employer as it’s not an automatic right in the UK for employees to work from home.  It’s then up to the employer to decide whether they’re going to allow the change.

If the employee has been with the company for at least 26 weeks, they can ask to work from home as part of a flexible working request. In that case, the employer is required to follow the statutory procedure for dealing with flexible working requests.

If the change is agreed to, the employer needs to change the employee’s contract so that it reflects the new arrangements.

In addition to ensuring the individual contract is amended, employers should also have a Homeworking Policy.

What Should the Homeworking Policy Include?

A homework policy in the UK should set out the rules around homeworking and explain what is expected of those working from home so that expectations are in alignment.

The policy needs to include:

• Whether the arrangement is temporary or permanent.
• There is a trial period and how long that will be.
• The locations the employee can work from.
• The expectations of an employee working from home.
• When they’ll need to come into the workplace.
• What equipment the employer will supply for homeworking.
• Data security considerations.
• How the employer can end the arrangement if needs be.
• Health and safety requirements.

This last point is an important one that’s often overlooked, as the employee’s home becomes an extension of their workplace.  This means that the employer can be held liable for any accidents the employee has at home while they’re working.

As a matter of law, employers must provide employees with employment contracts that cover the key terms of their employment relationship. However, it is also good practice to have non-contractual policies and procedures in place, such as an employee handbook. This can sit alongside contracts of employment to set out how employees are expected to act and can help prevent or resolve disputes between employees and employers.

Your responsibility as an Employer

As a matter of law employers must give employees employment contracts which cover the key terms of the employment relationship, but the contract won’t cover all of the policies, procedures and expectations for the relationship between a business and the people within it. A employee handbook can include information for all team members, including employees, workers, apprentices and agency staff. Not only can a employee handbook bring together useful guidance for everyone on the culture, values and expectations the business as but it will often be a resource that can save a dispute from arising or provide the best framework for resolving a dispute. The non-contractual policies and procedures that can be included in a employee handbook will sit alongside contracts of employment to set out how employees are expected to act and how the employer will deal with certain situations.

Putting all the policies and procedures together in one place that is accessible to everyone working in a business is good practice and can provide an invaluable framework for reference on all of the HR issues to cover. If any grievance or dispute arises, having a policy or procedure to refer to and follow can help prevent the situation escalating. If the worst occurs and a claim comes before a tribunal, being able to show the policies and procedures that were followed can make a huge difference to the outcome.

Homeworking has become the norm for many businesses all over the UK. If that’s the case for you, you’ll need a policy in your Employee Handbook for it. For more information about Homeworking Policies get in touch with our Employment Law team on 0330 912 8338 .

Need Legal Advice? Call 0330 912 8338 for a no-obligation chat with one our experts today.

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Adrian Green

Related expertise.

Please note this article is provided for general information purposes only to clients and friends of Atkins Dellow LLP. It is not intended to impart legal advice on any matter. Specialist advice should be taken in relation to specific circumstances. Whilst we endeavour to ensure that the information in this article is correct, no warranty, express or implied, is given as to its accuracy, and Atkins Dellow LLP does not accept any liability for error or omission.

© Atkins Dellow LLP 2024

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Contract Clauses for Homeworking

Mills Selig

Where a business employs homeworkers, it should ensure that contracts of employment reflect the changes involved in working at home and any additional obligations involved for the protection of both employee and employer. Where the employee becomes a homeworker during their employment, perhaps following a flexible working request, their contract should be reviewed and updated to ensure it contains any relevant clauses or amended clauses to cover their amended circumstances.

Implementing Homeworking

Employers should reserve the right to monitor homeworking arrangements and performance in the probation clause for new employees. For existing employees, reference to a trial period should be

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More on Employment Contracts by Mills Selig

• The Validity of Unsigned Employment Contracts in Northern Ireland
• Using Settlement Agreements to Prevent Future Claims: A Thing of the Past?
• Unlawful Deductions From Wages
• Territorial Issues - What Law and Jurisdiction Applies to Employees Who Work Partly Outside NI?
• Income Protection Policies and Dismissals

Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

The main content of this article was provided by Kiera Lee . Contact telephone number is 028 9024 3878 or email [email protected]

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Return to Office and Hybrid Working

As restrictions continue to be slowly eased and workers start to return to the workplace after many months at home, we assess how the new normal may look from an employment perspective, and the tax implications of this.

The last 15 months

Since the government announced in March 2020, that offices and workplaces should be closed and employees work from home, there have been numerous support packages made available.

For employees, the two key elements of support have been:

• Being paid by their employer or being able to claim tax relief on a fixed £6 per week allowance to cover the extra costs of working from home. HMRC relaxed the rules on this and allowed employees to claim for the whole of the tax years 2020-21 and 2021-22 as long as they worked from home for even one day in each period. (higher amounts can be claimed if supported by receipts). This is predicted to return to statutory criteria from April 2022 which means a formal homeworking arrangement must be in place (see below).
• Being able to purchase and be reimbursed for office type equipment to assist working from home. Typical items include monitors, printers, desks, chairs etc. Again, HMRC are allowing such arrangements for tax years 2020-21 and 2021-22. From April 2022, this concessionary treatment will cease. From then onwards, reimbursement as described above will be taxable. Employers can however provide equipment directly to their employees without any liability arising.

Returning to offices 

Employees have already started returning to the office/workplace and there is no doubt that this will continue. That said, most commentators acknowledge that post pandemic, the “new normal” may involve a combination of home and office working, in effect a new hybrid structure.

So that leads to the question of what or more importantly where, is an employee’s permanent workplace(s) versus a temporary one and what travel costs may be reimbursed without incurring a tax liability.

Homeworkers

The concept of homeworking isn’t new and many employees have done so for years. However, it is important to distinguish between occasional/informal homeworking and a proper homeworking agreement.

In simple terms, where an employee is provided with office/workspace in which they are expected to work, then this is very likely to be their permanent workplace. If the same employee elects to work at home (or elsewhere for that matter) from time to time in an informal manner, then this does not change anything.

Typical examples would be choosing to take work home for an evening, or perhaps to complete a piece of work on a different day at home. In such cases, travel from home to the workplace is normally at the employee’s expense, but if reimbursed by the employer, would be a taxable benefit because this is ordinary commuting.

A formal homeworker is considered very differently. In this case, they are contracted to work from home full time and most likely would have a dedicated workspace within their home from which they work. Importantly, this cannot be at the request of the employee. The employer must initiate any such arrangement on the basis that no dedicated office space is available (present or future) at the firms offices/premises. Structured correctly, the home would become the permanent workplace and the costs of travel to any other workplace (of the employer or perhaps customers/clients) would not be taxable, if reimbursed.

It is worth noting at this point that as a result of the pandemic, many offices have downsized and employees no longer have a dedicated desk. When they do have to attend periodically for a temporary reason, they will have to find a spare desk (i.e. “hot desk”). For that reason, it may support the above statements that an employee no longer has any dedicated workspace, in effect, the crux of the new hybrid ways of working. But the employer has to initiate this… the employee cannot simply request.

The above is not overly difficult to digest and apply. However, things start to get potentially problematic when an employee splits their time between home and the workplace on a fixed or regular basis.

As has already been explained above, informal working from home does not change an employee’s permanent workplace. Working from home full time under a formal agreement, with occasional business travel also does not change the home as being the permanent workplace. But what about where an employee splits their time between both? 

We should first consider the definitions of permanent and temporary workplaces…

Ordinary Commuting

Ordinary commuting is considered by HMRC to be travel between a person’s home and their permanent workplace(s).  

Permanent and Temporary Workplaces

A place is a permanent workplace if the employee attends it regularly for the performance of the duties of the employment, and it’s not a temporary workplace. An employee attends a workplace regularly if their attendance is frequent, follows a pattern and is for most of the period they are likely to hold that employment.

A temporary workplace is somewhere the employee attends only to perform a task of limited duration or for a temporary purpose, even if attendance is regular.

So, now let’s apply the rules to some typical scenario’s employers are facing.

Office Working

Fixed mixed working, agile working, formal homeworking arrangement.

As has been highlighted, the rules on travel between workplaces vary, depending on their designation as permanent or temporary, as well as the reasons for attendance. HMRC legislation is also extremely strict on the allowability of such costs.

What should be made clear is that, if an employer isn’t reimbursing an employee for travel, then there really is no risk for the employer. An employee who works at home by choice and an employee working at home under a formal agreement, do not differ if they are not claiming any travel costs.

It is only where an employer intends to reimburse travel between home and a workplace (especially a pre-pandemic workplace) that care should be exercised.

If you would like assistance in checking which travel expenses are taxable, or adding them to your P11D and PSA forms before submission to HMRC, Crowe can assist. Please get in touch with your usual Crowe contact.

Related services

Working from home and hybrid working

Hybrid working is a type of flexible working where an employee splits their time between:

• the workplace
• remote working

Working from home is the most common way of working remotely.

An employee might work from home all the time, or as part of a hybrid working arrangement.

Home and hybrid working requests

How to ask for a change, respond to requests, and deal with disagreements.

Wellbeing when working from home

Including risk assessments, mental and physical health, and dealing with problems.

Home and hybrid working policies

Why employers need a policy, what goes in it, and what to consider.

Managing staff who work from home

How managers can support staff, manage and monitor performance, and keep in touch.

Find Acas training on flexible working (including working from home and hybrid working)

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Start by clicking on "Fill out the template"

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Remote Work Agreement

Option: Help from a lawyer

This Remote Work Agreement (also known as a home-working agreement , or a flexible work agreement ) can be used by an employer in the United Kingdom to create an agreement for a current employee to work remotely .

At the start of an employee's employment , their employment contract will take the form of a written contract. This contract will contain the particulars of employment . The particulars of employment will ordinarily cover the place or places of work where the employee shall be required to work .

The contract of employment may provide sufficient flexibility/mobility regarding the employee's place of work. For example, it may say that the place of work is subject to change (although any such clause cannot be unreasonable in order to protect the employee from unfairness). In the event that there is no such flexibility within the contract of employment, the employer will need to take steps to address the formalities of the remote working agreement .

Where there are changes to the employee's contract of employment, the employer is required to provide the employee with a "statement of changes" (This requirement is set out in law: at section 4 of the Employment Rights Act 1996 in England, Wales and Scotland; or Article 36 of the Employment Rights (Northern Ireland) Order 1996 in Northern Ireland). The statement should be provided to the employee within one month of the change to contract of employment (i.e within one month after remote working has commenced).

However , it is important to note that a statement of change acts only as evidence of a change to the contact but will not formally vary the existing contract . An employer will therefore need to either: -

1. provide to the employee with a written document setting out the new terms and specifically amending the contract ; or

2 . an employer may choose to create a brand new contract of employment to cover remote working, which the employee and employer would then re-sign as a new contract .

This document can be used for the first option set out above, where an employer wishes to amend the existing contract of employment . The document can therefore be used to set out the details of the remote work agreement in order to formally and expressly amend the terms of the contract so that the place of work can be changed .

A remote work agreement may provide for an employee to work exclusively from home or alternatively it may provide for the employee to work at home in addition to their usual place of work .

It is also useful for an employer to have a working from home business policy , which outlines the approach an employer shall take in the management of remote working . It is also important for employers to consider how data protection/processing and confidentiality can be maintained during a Remote Work Agreement. Businesses may wish to have an additional specific Confidentiality Agreement to address this specific issue.

How to Use this Document

The change to flexible working may have been initiated by the employee making a request for flexible working . An employee has the legal right to make a request for flexible working (including remote working) after twenty-six weeks of employment .

Where an employee has made a formal request for remote working in writing, a meeting should usually be held to discuss this . The process may also include discussions with a trade union representative where applicable. Similarly, meetings and discussions should be held where an employer has initiated the shift to remote working. An employer should not unilaterally ( i.e without the consent of the employee ) change the terms of an employee's contract of employment, as this could result in them being in breach of contract.

Care should therefore be taken to follow the ACAS guidance and code of practice in England, Wales and Scotland or the Labour Regulations Agency guidance in Northern Ireland to ensure the process is handled fairly and properly . Whilst discussing and reaching an agreement, both the employee and employer should maintain a relationship of 'mutual trust and confidence' and care should therefore be taken to ensure the amendments to the contract are reflective of this relationship.

It is vital that the agreemen t must be, as the name suggests, an agreement . Any changes to a contract of employment have to be agreed and should follow the process as outlined above.

Once a fair and proper agreement has been reached between the employer and the employee regarding Remote Work Agreement, this document can be used to contain the new terms concerning the employee's place of work . Thought should be given in particular to the following details which can be included within the document:-

• the employee's use of equipment ;
• insurance ;
• any trial period to assess the success of the remote work period;
• how confidentiality and data processing shall be properly conducted.

Matters which are not specific to the employee's new remote working pattern, such as their salary and annual leave entitlement, should ordinarily remain the same as per their original contract.

Once the relevant details have been completed, the employer should sign two copies of the document . The two signed copies should then be provided to the employee . The employee should then sign and date their acceptance on the bottom of both copies , retaining one for their records and returning the other to the employer . The employer should then retain the signed copy .

Relevant Law

The key piece of law which is relevant to remote working in England, Wales and Scotland is the Employment Rights Act 1996 .

The key piece of law which is relevant to remote working in Northern Ireland is the Employment Rights (Northern Ireland) Order 1996

Help from a lawyer

You can choose to consult a lawyer if you need help.

The lawyer can answer your questions or help you through the process. You will be offered this option when you complete the document.

How to modify the template

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.

Guides to help you

• How to Organize Remote Working for your Employees
• Signing Documents in England and Wales

Other names for the document:

Remote Work Contract, Home-working agreement, Homeworking agreement, Contract of home working, Work from home agreement

Country: United Kingdom

Employment Contracts - Other downloadable templates of legal documents

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Homeworking agreement template

Our Homeworking Agreement Template supports remote work arrangements, outlining clear expectations for both employers and employees.

If an employee is due to commence a period of homeworking, this model homeworking agreement template outlines the applicable terms and conditions.

It is designed to be used where either a new or existing employee has agreed that their main place of work will be elsewhere than the employer's office, or in any event in a location which is not under the control of the employer.

It should be distributed to employees before they commence a period of homeworking.

What is this template for?

With the right to request flexible working now extended to all employees, not just parents or carers, home working may well become more popular amongst employees seeking greater flexibility. As such, as well as utilising this agreement, it is advisable that employers have a Homeworking policy setting out how any requests by employees will be dealt with.

This template is drafted to ensure that employers meet all of their legal obligations to their employees whilst ensuring that the work they receive is still of the standard that they might expect if the employee was in a more controlled environment.

All businesses should undertake a Risk Assessment for employees working from home.

What legislation / best practices underpin this template?

Employment Rights Act 1996: Addresses terms and conditions, including the provision of flexible working arrangements.

Health and Safety at Work Act 1974: Requires employers to ensure a safe working environment for remote workers.

Data Protection Act 2018: Ensures data security and confidentiality for remote working arrangements.

Equality Act 2010: Prohibits discrimination, including ensuring equal opportunities for remote workers.

Working Time Regulations 1998: Defines working hours and rest periods, even for remote workers.

National Minimum Wage Act 1998: Ensures remote workers are paid at least the minimum wage.

Refer to your local employment legislation / labor laws to support the execution of the template. Review the wording for local accuracy.

Homeworking agreement

Introduction

This agreement confirms the terms and conditions that will apply to you as a homeworker. Other terms and conditions are included in your written statement of particulars [ as well as the employee handbook ].

Reporting relationship

While working at home, you will report to [ name of manager ].

You will be paid a fixed amount of £[ amount ] every [ week/month ] while working from home. Overtime will not be paid unless [ name of manager ] expressly authorises it in writing in advance.

For each [ item produced/piece of work performed ], you will be paid a 'fair piece rate' of £[ amount ].

Each week, the minimum amount of work to be completed is [ x pieces ]. The maximum quantity of work that should be accomplished each week is [ y pieces ]. ]

You will perform the following duties at home: [ list work duties ].

[ When working from home, you must plan to deal with the potentially conflicting demands of job and family, and you must strive to be organised and disciplined. ]

Hours of work

You are not required to work specific hours and are free to do the accepted tasks whenever it is convenient for you.

However, there are some hours when you must be accessible to respond to phone calls or meet with management. These core hours are from [ time ] to [ time ] on [ weekdays ].

[ Company ] will generally expect you to contact your manager [ once a day/twice a week/once every two weeks ].

Rest breaks

You must take adequate rest periods as defined by the Working Time Regulations 1998. You must also:

• where work continues for more than six hours, take a 20-minute break and stop working during that break;
• ensure that you have a daily rest break of at least 11 continuous hours, i.e. the time between stopping work one day and beginning work the next day must not be less than 11 hours; and
• have at least one complete day each week when no work is done.

If you are sick and are unable to work, you must notify your manager as soon as possible, including the nature of your sickness and how long you expect to be absent from work. In these situations, [ Company's ] standard sick pay policy and process will apply.

Visits to [ Company ] premises

You are required to attend [ Company ]'s premises at [ address ] upon request for reasons such as training, performance evaluation, and team briefings. This will generally be no more than [ one day per month/half a day per month/two days per month/one day per week ], with the dates and hours agreed upon in advance.

You will be paid for time spent at the workplace on such visits at [ your normal rate of pay/some other rate ].

No additional payment will be made to you for time spent at the workplace on such visits. ]

Performance management

Your manager will conduct a performance assessment with you [ every six months/once a year ], in accordance with [ Company ]’s standard appraisal policy. The assessment will include a discussion of the specific issues associated with homeworking and any problems or issues that you have experienced or that the manager believes have arisen.

Visits to your home

Management reserves the right to visit you at home at agreed times for work-related purposes, including health and safety matters. It is a condition of this homeworking agreement that you agree to accept visits from management in your home. Such visits will be for the purposes of [ choose the relevant points and expand on them as necessary ]:

• delivering and collecting work;
• providing a channel for reporting;
• performance monitoring and feedback;
• general discussions about work-related matters;
• ensuring health, safety and security; and
• any other work-related purposes that [ Company ] considers appropriate.

Equipment and materials

It is [ Company ]’s policy that all equipment [ including computer equipment, and materials necessary for you to work at home ] will be provided to you by [ Company ] and maintained (and replaced when necessary) by [ Company ].

It is your duty to ensure that proper care is taken of equipment and materials provided by [ Company ].

Specifically, [ Company ] will provide:

• a [ laptop ] computer;
• a photocopier;
• a fax machine;
• a mobile telephone;
• a filing cabinet;
• [ other items as appropriate ].

On termination of your employment for any reason, [ Company ] will have the right to visit your home at an agreed time and retrieve all equipment, furniture and documents belonging to [ Company ].

Telephone and internet accounts

[ Company/You ] will pay the costs of connection fees for all telephone and internet connections in your home.

[ Company ] will reimburse you for all telephone and internet accounts associated with the use of your telephone and [ laptop ] computer used in connection with [ Company ]'s business. Claims should be made monthly on [ Company ]'s expenses claim form.

[ [ Company ] will pay all the bills for calls made by you on the mobile phone provided by [ Company ] to you, which must be used only for work-related purposes. ]

Stationery and postage

You should obtain receipts for any stationery purchased and any items posted in the course of your work and reclaim the costs from [ Company ] once a month, using [ Company ]'s expenses claim form.

You must carry out your work for [ Company ] in a room used only for that purpose and must not allow members of your family or third parties who are not employed by [ Company ] to access or use [ Company ] equipment.

[ You must also agree not to smoke in the room where the work is carried out. ]

You are responsible for keeping all documents and information associated with [ Company ]'s business secure at all times. Specifically, you are under a duty to:

• keep filing cabinets and drawers locked when they are not being used;
• keep all documentation belonging to [ Company ] under lock and key at all times except when in use; and
• set up and use a unique password for the computer.

Further, the computer [ and other equipment ] provided by [ Company ] must be used only for work-related purposes and must not be used by any other member of the family at any time or for any purpose.

Health and safety issues

[ Company ] is obliged under health and safety legislation to ensure the health and safety of homeworkers in the same way as for office-based staff. [ Company ] will therefore take appropriate steps to ensure that:

• all equipment and systems of work in your home are safe;
• all articles and substances are safely handled and stored;
• an analysis of your workstation is conducted;
• information and training on the safe use of equipment, including display screen equipment, is provided to you; and
• risk assessments are carried out in respect of the work that you are carrying out.

You have a duty to ensure, insofar as is reasonably practicable, that you work in a safe manner and follow all health and safety instructions issued by [ Company ] from time to time.

You are responsible for checking that all home and contents insurance policies provide adequate cover for the fact that you work at home.

If there is any uplift in the premium for any of these home insurance policies specifically on account of the work for [ Company ], [ Company ] will meet the appropriate extra premium upon provision by you of the appropriate documentation and receipts.

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A Complete Guide to Homeworking the Legal Requirements

Employer obligations for employees working from home.

Homeworking is on the rise. According to the Office of National Statistics, by 2020, 50% of the UK workforce will be working flexibly and working from home.

Right now, 4.2 million people call their house their office and the expectation for flexible working is becoming more and more in demand. Is your business ready?

Before you can offer such a benefit, you need to understand the legal requirements for working from home. You also need to make sure that your staff have the tools they need to work effectively while out of the office.

Legal Considerations for Homeworkers

• Employment contracts
• Staff Benefits
• Public Liability Insurance
• Health & Safety
• Data Security & GDPR
• Reporting & Performance
• Working Time
• Mortgage Provider Consent

Employment Contracts – These Must Reflect Homeworking

A standard employment contract will not cover homeworking arrangements. To protect your staff and your business, you need to outline:

• Place of work
• Hours of work
• Tax exemptions
• Confidentiality & data protection
• Rights to enter
• Trial periods & review

1. Place of work

If the employee will be working from home, the normal place of work will be the employee’s home. However, include a provision that the employee can be required to attend the office. This gives you the flexibility to call them in when you need them.

You should also include a provision that homeworking is subject to change if the employee moves house. As an employer, you are responsible for your staff, so changes in the place of work must be given due consideration.

2. Hours of work

As well as how many hours they should work, specify when the employee will need to be available for work. Many homeworking employees work flexible hours, so outline their “core hours” and never assume they are doing a normal 9-5.

3. Expenses

Working from home means that employees will be using their internet, electricity and phone for work purposes. So be explicit with expenses.

As an employers, will you cover…?

• Home upkeep costs (Lighting, internet etc.)
• Courier/postal costs

Outline the things your employee can and cannot claim for in their contract. In certain circumstances, payments by employers to reimburse employees for reasonable costs incurred as a result of homeworking can be tax-exempt.

3b. Tax exemptions for employee expenses

To be eligible, the employee must be working under homeworking arrangements . Employers can pay £4/week and the employee doesn’t have to record expenses. Alternatively, employees can choose to seek tax relief arrangements.

4. Confidentiality and data protection

To protect your business, your staff and your intellectual property, make sure your employee contracts set clear provisions for data security.

These should cover:

• Use of devices
• Means of access
• Your commitments to security

If the employee is using their own computer/phone, ensure you have a right to monitor work communications on those devices.

Make sure they have a password in place to limit access. Also, include in the contract terms that allow you to provide them with any security equipment you deem necessary (shredders, CCTV, filing cabinets etc.)

5. Rights to enter

Consider whether you need to include a licence to enter the employee’s home. You may need to install, maintain or service company equipment, or retrieve it on termination. A right to enter will also allow you to carry out risk assessments for health and safety purposes.

6. Trial periods & Review

Homeworking might not be a good fit for you or your employee. A set trial period and review baked into the contract will give both parties an opportunity to be flexible about homeworking.

Staff Benefits & Homeworking

If you offer on-site benefits as part of your employment contracts you must offer those benefits to homeworkers too. Failure to do so can result in discrimination allegations and breach of contract.

Ensure, for example, that they have access to work related benefits (such as the staff canteen or workplace gym) even though they may not use them regularly.

Public liability insurance

Check your employer’s liability insurance covers employees working from home. Make sure that any lack of action does not invalidate the insurance.

Health and safety at work extends to the home

As an employer, you are responsible for the health, safety and welfare of your employees. You must exercise all reasonable means of ensuring this.

• Conduct risk assessments on homeworking environments
• Create a policy for regularly reviewing home environments

Data protection and security

Most homeworking employees move data (or devices that can access that data) into public spaces. That opens up the risk of data being mislaid. Many breaches have occurred from documents being left on trains, USB sticks falling out of pockets, or laptops being stolen.

But you can’t just monitor all your employees’ personal dealings. They have the right to privacy.

As the  Article 29 Working Party states : “Technologies that monitor communications can […] have a chilling effect on the fundamental rights of employees.”

Stay compliant by setting clear boundaries and responsibilities for all parties. Carry out a risk assessment of the data protection implications of homeworking. This would include consideration of the following:

• Access to the employee’s computer and home
• Encryption and data transfer
• Storage of data

Employees working from home does not change their tax status. You still deduct income tax and national insurance contributions as normal.

However, you may advise the employee:

• to check any potential council tax liability due to homeworking;
• that some of their homeworking expenses may be tax-deductible;
• if computer equipment provided by the employer is used for anything more than “insignificant” private use, a tax charge may arise.

Reporting and performance reviews

Out of sight does not mean out of mind. If you are implementing homeworking, you need to review performance and quality policies. Employees working from home can feel isolated and without support. This can affect morale and company culture.

Working time

Under the Working Time Regulations 1998, time spent travelling to work does not count as “working time”.

However, where the employee’s normal place of work is their home and they travel to their employer’s premises or to see clients/customers, this could count as “working time”.

You will need to ensure that homeworkers do not exceed the 48-hour limit on their working week when travel is taken into account (or that they have opted out of the maximum hours’ cap).

Mortgage provider consent

Remind your homeworker that they must have consent from their mortgage provider to work from home.

Remember…Equip your staff

There is no legal obligation on an employer to provide the equipment for homeworking. But it only benefits your business to make sure your staff have the tools they need to do the job.

Most employers will provide basic equipment at least. This usually means providing a phone and computer.

If the employee will be using their own computer equipment, agree on whether or not you will pay for maintenance, repairs and software updates.

Benefits of letting employees work at home

Being able to work at home isn’t just handy for employees. It has can benefit your business, too.

20% of employees that work from home find themselves more productive. With no commute and fewer workplace distractions, your staff get more work done. Giving them the flexibility to choose where they work is considered a benefit. You can attract and retain critical skills and talent.

No commute also means a lower overall carbon footprint for your business. The average commute is 15 miles to work and the same back. If your employee drives an average car, that commute puts 4.6 metric tons of carbon dioxide into the atmosphere every year.

That doesn’t include the cost of heating and lighting a workspace. Letting employees work from home reduces your overheads and frees up office space. In places like London where office space is at a premium, many businesses are opting for hot desking and getting rid of permanent desks altogether.

In order to gain these benefits, you need to make sure you meet certain legal requirements. This includes changes to employment contracts, setting policies for health and safety, data security, tax, public liability and making sure you’re meeting the training and development needs of your staff.

• Higher productivity
• Skill retention
• Better work-life balance
• Lower carbon footprint
• Reduced overheads
• More space in the office

Need more information?

Find out more about specialist payroll solutions or speak to an expert

Working from home

Working from home : what responsibilities does the employer have.

Working from home is on the increase. People do work from home more often than before. So what are the employer’s responsibilities towards its employees in that case? We answer a couple of frequently asked questions.

Is my employee entitled to homeworking?

Is the employer responsible for an ergonomic home office.

• As an employer, can I be fined if home offices do not meet the requirements?
• Is the employer liable in the event of accidents or medical complaints?

Is a homeworking agreement mandatory?

Are my employees entitled to a homeworking allowance.

No, there is no right to homeworking. Employees can make a request to be allowed to work from home. The employer may refuse that request. This is stated in the Dutch Flexible Working Act.

• If you do  not  allow your employee to work from home, you must explain this in writing, stating the reasons. There does not have to be a compelling business interest for refusal.
• If you  do  allow your employee to work from home, you can only revise this decision if new interests are involved.

The employer is responsible for a healthy and safe workplace, including the home office. This is the employer’s duty of care and it is stipulated in the Dutch Working Conditions Act and the Dutch Civil Code.

The Dutch Working Conditions Decree stipulates that the home office must be ergonomically designed, insofar as can reasonably be required. This open standard has not been further elaborated in the law. It means that you, the employer, must in any case  ensure your employees set up their home office ergonomically. You give the instructions for this.In addition, the employer must make occupational health and safety facilities available for the home office (on loan or in the form of compensation), insofar as this is reasonable. Examples include a desk, office chair and monitor.

If your employees occasionally work from home, or if someone has a short-term, temporary employment contract, you, the employer, cannot always be expected to make occupational health and safety facilities available for the home office. If your employee works from home a few days a week as standard at your request, you do have that obligation.

Occupational health and safety provisions for the ergonomic home office can in principle be regarded as a specific exemption within the work-related expenses scheme. This means that the resources you buy for your employees are not charged to the discretionary margin.

As an employer, can I be fined if my employee’s home office does not comply with working conditions regulations? 

Every entrepreneur with staff is obliged to have an up-to-date Risk Assessment and Evaluation (RAE) and action plan in place. In this RAE, you pay attention to all possible risks in your company. This includes the potential risks of working from home.

The Social Affairs and Employment Inspectorate (SZW) checks whether you have an up-to-date, verified RAE in place and whether your organisation has taken sufficient measures to prevent or limit the risks of working from home. This starts with informing your employees of how they can set up their home office ergonomically.

The Inspectorate SZW can impose fines if the home office does not comply with the working conditions legislation. Fines can range from € 430 to € 13,500. In addition, the Inspectorate may check home offices.

Risk Assessment and Evaluation (RAE)

The RAE is a mandatory tool for employers to promote health and safety in the company. A risk assessment allows you to identify all work-related risks and address them in a targeted manner. You can perform the RAE yourself, do it together with your occupational health and safety service, or have it done. Everything about the RAE

Is the employer liable if accidents or medical complaints arise due to the home office?

The employer has a duty of care towards its employees. If you violate this duty, you, the employer, can be held liable insofar as the employee suffers damage as a result of that violation.

You can avoid being held liable:

• Make sure your employees know how to set up their home office ergonomically. Give them relevant instructions.
• Help them set up an ergonomic home office, insofar as this can reasonably be expected of you, the employer.

A homeworking agreement is not required by law but it can be useful. It is especially important that the employer outlines clear frameworks for working from home.

In addition, managers and employees must continue to discuss this with each other, for example, to determine why someone really needs to be in the office and which work can be better done at home.

There is no statutory right to a homeworking allowance. Some collective labour agreements stipulate a homeworking allowance. As an employer, you can also decide to offer such an allowance. For example, you want to encourage working from home or save costs on housing because your employees already work from home a lot.

From 1 January 2022, a  tax-free homeworking allowance  (Dutch-language central government information) of a maximum of € 2 per day is possible. The aim is to offset the additional costs incurred by employees working from home. Such as those for gas, water and electricity.

Online home office check

If your employee (will) experience complaints from working from home, you can also apply for an online home office check. Together with your employee, an ergonomist will take an online look at the home office and immediately advise how the home office and working environment can be adjusted. Ask your regular contact about the possibilities. Alternatively, you can consult our Dutch-language information:

Take out now (in Dutch)   More information (in Dutch)

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FACT SHEET: Biden- ⁠ Harris Administration Secures Voluntary Commitments from Leading Artificial Intelligence Companies to Manage the Risks Posed by   AI

Voluntary commitments – underscoring safety, security, and trust – mark a critical step toward developing responsible AI Biden-Harris Administration will continue to take decisive action by developing an Executive Order and pursuing bipartisan legislation to keep Americans safe

Since taking office, President Biden, Vice President Harris, and the entire Biden-Harris Administration have moved with urgency to seize the tremendous promise and manage the risks posed by Artificial Intelligence (AI) and to protect Americans’ rights and safety. As part of this commitment, President Biden is convening seven leading AI companies at the White House today – Amazon, Anthropic, Google, Inflection, Meta, Microsoft, and OpenAI – to announce that the Biden-Harris Administration has secured voluntary commitments from these companies to help move toward safe, secure, and transparent development of AI technology.    Companies that are developing these emerging technologies have a responsibility to ensure their products are safe. To make the most of AI’s potential, the Biden-Harris Administration is encouraging this industry to uphold the highest standards to ensure that innovation doesn’t come at the expense of Americans’ rights and safety. These commitments, which the companies have chosen to undertake immediately, underscore three principles that must be fundamental to the future of AI – safety, security, and trust – and mark a critical step toward developing responsible AI. As the pace of innovation continues to accelerate, the Biden-Harris Administration will continue to remind these companies of their responsibilities and take decisive action to keep Americans safe. There is much more work underway. The Biden-Harris Administration is currently developing an executive order and will pursue bipartisan legislation to help America lead the way in responsible innovation. Today, these seven leading AI companies are committing to: Ensuring Products are Safe Before Introducing Them to the Public

• The companies commit to internal and external security testing of their AI systems before their release.  This testing, which will be carried out in part by independent experts, guards against some of the most significant sources of AI risks, such as biosecurity and cybersecurity, as well as its broader societal effects.
• The companies commit to sharing information across the industry and with governments, civil society, and academia on managing AI risks.  This includes best practices for safety, information on attempts to circumvent safeguards, and technical collaboration.

Building Systems that Put Security First

• The companies commit to investing in cybersecurity and insider threat safeguards to protect proprietary and unreleased model weights.  These model weights are the most essential part of an AI system, and the companies agree that it is vital that the model weights be released only when intended and when security risks are considered.
• The companies commit to facilitating third-party discovery and reporting of vulnerabilities in their AI systems.  Some issues may persist even after an AI system is released and a robust reporting mechanism enables them to be found and fixed quickly.

Earning the Public’s Trust

• The companies commit to developing robust technical mechanisms to ensure that users know when content is AI generated, such as a watermarking system.  This action enables creativity with AI to flourish but reduces the dangers of fraud and deception.
• The companies commit to publicly reporting their AI systems’ capabilities, limitations, and areas of appropriate and inappropriate use.  This report will cover both security risks and societal risks, such as the effects on fairness and bias.
• The companies commit to prioritizing research on the societal risks that AI systems can pose, including on avoiding harmful bias and discrimination, and protecting privacy.  The track record of AI shows the insidiousness and prevalence of these dangers, and the companies commit to rolling out AI that mitigates them.   
• The companies commit to develop and deploy advanced AI systems to help address society’s greatest challenges.  From cancer prevention to mitigating climate change to so much in between, AI—if properly managed—can contribute enormously to the prosperity, equality, and security of all.

As we advance this agenda at home, the Administration will work with allies and partners to establish a strong international framework to govern the development and use of AI. It has already consulted on the voluntary commitments with Australia, Brazil, Canada, Chile, France, Germany, India, Israel, Italy, Japan, Kenya, Mexico, the Netherlands, New Zealand, Nigeria, the Philippines, Singapore, South Korea, the UAE, and the UK. The United States seeks to ensure that these commitments support and complement Japan’s leadership of the G-7 Hiroshima Process—as a critical forum for developing shared principles for the governance of AI—as well as the United Kingdom’s leadership in hosting a Summit on AI Safety, and India’s leadership as Chair of the Global Partnership on AI. We also are discussing AI with the UN and Member States in various UN fora. Today’s announcement is part of a broader commitment by the Biden-Harris Administration to ensure AI is developed safely and responsibly, and to protect Americans from harm and discrimination.

• Earlier this month, Vice President Harris  convened consumer protection, labor, and civil rights leaders  to discuss risks related to AI and reaffirm the Biden-Harris Administration’s commitment to protecting the American public from harm and discrimination.  
• Last month, President Biden  met with top experts and researchers  in San Francisco as part of his commitment to seizing the opportunities and managing the risks posed by AI, building on the President’s ongoing engagement with leading AI experts.  
• In May, the President and Vice President  convened  the CEOs of four American companies at the forefront of AI innovation—Google, Anthropic, Microsoft, and OpenAI—to underscore their responsibility and emphasize the importance of driving responsible, trustworthy, and ethical innovation with safeguards that mitigate risks and potential harms to individuals and our society. At the companies’ request, the White House hosted a subsequent meeting focused on cybersecurity threats and best practices.  
• The Biden-Harris Administration published a landmark  Blueprint for an AI Bill of Rights  to safeguard Americans’ rights and safety, and U.S. government agencies have ramped up their efforts to protect Americans from the risks posed by AI, including through  preventing algorithmic bias  in home valuation and  leveraging existing enforcement authorities  to protect people from unlawful bias, discrimination, and other harmful outcomes.  
• President Biden signed an  Executive Order  that directs federal agencies to root out bias in the design and use of new technologies, including AI, and to protect the public from algorithmic discrimination.  
• Earlier this year, the  National Science Foundation  announced a $140 million investment to establish seven new National AI Research Institutes, bringing the total to 25 institutions across the country.  
• The Biden-Harris Administration has also released a  National AI R&D Strategic Plan  to advance responsible AI.  
• The Office of Management and Budget will soon release draft policy guidance for federal agencies to ensure the development, procurement, and use of AI systems is centered around safeguarding the American people’s rights and safety.

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