Creating or updating a policy
- Treating staff fairly in home and hybrid working
- Arrangements for home and hybrid working
- How to structure a policy for home and hybrid working
As an employer, you should create a policy for working from home or hybrid working. A policy can help you to consider requests and explain the process to your employees.
You should also:
- update any related policies or procedures
- regularly review your policies and check if they can be improved
- consult your employees and their representatives
- check whether you need to make changes to employment contracts
Many people were temporarily working from home because of the covid-19 (coronavirus) pandemic. You might be considering making these arrangements more formal. A policy can help you do this.
What a policy is
A policy is a document that:
- outlines how things work
- sets flexible limits
This allows managers and employees to discuss and agree specific arrangements.
For example, Sal's employer has a hybrid working policy that says employees can usually work remotely up to 3 days per week. Sal wants to work from home 4 days a week.
Sal discusses it with their line manager who explains the policy. Their line manager agrees they can work from home every Monday, Tuesday and Wednesday. They both agree to review how it works.
Outlining how things work
You should explain how someone can request working from home or hybrid working, and how you will respond.
You should include in your policy how to introduce, set up and support an employee.
Setting flexible limits
A policy should say what types of working from home or hybrid working are available in your organisation.
It should also say how:
- roles will be assessed
- you will consider employee needs
- decisions will be made
Review and consultation
You might need to review things because of changes to the needs of:
- the organisation
- individual employees
You might also be reviewing the outcome of a trial period.
You should regularly review your policies and consult your employees and their representatives. Discuss how things are going and if any changes could be made.
Find out about consulting employees and their representatives
Making changes to employment contracts
When you're creating or updating a policy, you should check whether you'll need to make a change to employment contracts.
Things to check in a contract include:
- where it says employees work
- what hours employees work
- how employees will be managed
Find out more about making changes to employment contracts
If you do not need to change an employment contract
If you do not need to change a contract, you should agree any arrangements with staff and put in writing what's been agreed.
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- 5 August 2022
Working From Home Policy (HR Guidelines)
- Employment Team
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
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- Expenses and employee benefits
Expenses and benefits: homeworking
As an employer providing homeworking expenses for your employees, you have certain tax, National Insurance and reporting obligations.
Homeworking expenses include:
- equipment, services or supplies you provide to employees who work from home (for example computers, office furniture, internet access, pens and paper)
- additional household expenses, such as gas or electricity charges, for employees who need to work from home
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Homeworking policy
1.0 introduction.
This policy details the arrangements for and the conditions on which homeworkers are employed by Birkbeck to work from or at home.
Birkbeck employs, in certain circumstances, individuals who solely or mainly work from home where, for contractual purposes, their work base is their home (this does not include Sessional Lecturers). Birkbeck reserves the right to agree to an employee working from home on a trial basis. If such homeworking proves problematic or unsuitable to Birkbeck’s operational requirements and business needs, then the arrangements may be discontinued at Birkbeck’s discretion.
Birkbeck will put in place certain arrangements to assist homeworkers in the effective carrying out and performance of their duties.
Where an employee wishes to request to work from home they must refer to the Flexible working policy .
2.0 TERMS AND CONDITIONS
The basic terms and conditions on which homeworkers are employed will be as set out in the offer letter and in their Statement of Terms and Conditions of Employment. With the exception of the place of work, these will be comparable to 'office'-based employees.
All Birkbeck policies and procedures will also apply unless it is clearly stated to the contrary. Homeworkers must refer to Birkbeck’s policies, all of which are contained in the Staff Handbook, which has been provided to the homeworker.
The homeworker will be required to work the hours specified in his/her Statement of Terms and Conditions of Employment.
3.0 MANAGING THE EMPLOYEE AND THEIR WORK
Reviews of work will take place regularly between the homeworker and his/her line manager.
Personal work objectives or targets will be agreed between the homeworker and his/her line manager and should reflect his/her expected contribution towards the College’s overall goals.
The homeworker will be advised in advance of the date of any such meeting, which will usually be held at Birkbeck’s premises.
The purpose of the meeting will be to assess the progress of work allocated to the homeworker and to receive feedback on any problems or concerns the homeworker may have with respect to the work, the arrangements for and the facilities provided to him/her for the carrying out of such work.
In addition, staff development scheme meetings will be conducted each year by the line manager as detailed in Birkbeck’s Staff Development Scheme.
4.0 TRAINING
It is recognised that the majority of training occurs within the normal working environment - where employees receive operational training, coaching, detailed procedural guidance and day-to-day advice. Because homeworkers do not have access to this informal training, special consideration will be given to support the development of homeworkers.
All new employees are invited to a Birkbeck induction and all homeworkers are encouraged to attend. However, if this is not possible they will be sent any appropriate documentation from the event.
Where a homeworker has to attend Birkbeck or other premises in order to receive appropriate formal or informal training, overnight accommodation may be provided where necessary. An individual training and development plan will be prepared for each homeworker by his/her line manager in line with the staff development scheme. Where possible, training and meetings will be arranged within the local area.
5.0 COMMUNICATIONS
5.1 Birkbeck recognises the importance of effective communication and has put in place a communication system whereby staff are informed and kept up to date with events and also have an opportunity to air their views and problems.
In this way, information moves downwards through Birkbeck to the workforce and upwards to the policy and decision makers.
Homeworkers in particular need to have effective and continuous access to this communication system so that they are able to identify with the team or unit to which they belong, also to Birkbeck as a whole and so they can participate in Birkbeck’s affairs and events.
5.2 Homeworkers will therefore be sent or have access to the following publications/information:
- internal vacancy notifications as displayed on the intranet
- ‘staff news’ produced by the College Secretary contains information on the College’s performance, social events, personnel changes and other current events
- any internal or inter-staff memoranda applicable to homeworkers.
5.3 The line manager of the homeworker will support him/her as and when needed and provide an additional source of communication and advice. Regular contact should be maintained between the homeworker and their line manager, this may be over the telephone, by email or in person.
5.4 The most important aspect of the communication process is the need for personal interaction between the homeworker and the other members of his/her department. In addition to the compulsory work review meetings, homeworkers will be invited to attend and/or contribute to meetings and to meet colleagues in order to keep in touch with the College on a social level.
5.5 Homeworkers will be asked to give their consent to their contact details (either telephone, emails or home address) being used for the purposes of Section 5.
6.0 HEALTH AND SAFETY
Birkbeck will arrange for a risk assessment of the work activities carried out by homeworkers. Where necessary, the risk assessment will be carried out by the line manager in the homeworker’s home (homeworkers must consent to reasonable access (Word) (Birkbeck staff only) ). Homeworkers may also assist in the identification of hazards.
Following the completion of the risk assessment, the College will consult with the homeworker as appropriate and take such steps as are necessary to prevent harm to him/her, or to anyone else who may be affected by his/her work.
All employees are expected to familiarise themselves with the Statement of Health and Safety Policy, March 2005 , as this contains further information relating to the employee’s and Birkbeck’s health and safety responsibilities.
Additional information can be found on the Health and Safety website , and specifically in the health and safety policies .
Homeworkers should be advised that Birkbeck is only responsible for equipment supplied by Birkbeck. It is the homeworker’s responsibility to ensure that all electrical sockets are safe. For further advice, please contact Birkbeck’s Health and Safety Officer.
7.0 EQUIPMENT AND FACILITIES
To facilitate the effective carrying out of a homeworker’s duties, Birkbeck will provide equipment as appropriate to the needs of Birkbeck and to the work undertaken. This may include some of the following:
- fax machine
- laptop/desktop computer
- computer software/licences
- photocopier
- desk and chair
- filing cabinet(s)
- desk stationery
- Birkbeck letter paper and other stationery
- writing materials.
Line managers will be required to complete a checklist identifying what equipment will be required (Word) (Birkbeck staff only), and an inventory will be kept by the line manager as a means of recording the equipment supplied. The employee will be required to sign for the receipt of any equipment provided.
The equipment supplied will remain the property of Birkbeck, employees are required to store equipment safely and responsibly. The equipment must be returned to Birkbeck in the event that the homeworker leaves Birkbeck’s employment.
Homeworkers are not required to take out additional insurance to cover Birkbeck equipment, however, they are advised to check that their home building and/or contents insurance(s) are not invalidated by working from home or by the storage and use of Birkbeck equipment at home. Any additional costs to the homeworker’s insurance, as a result of working from home, will be met by Birkbeck, where evidence of the additional costs is provided.
8.0 EXPENSES
8.1 equipment and services.
The homeworker will be entitled to receive reimbursement of any costs incurred in the provision of services connected to the work activity that are agreed with his/her line manager, as necessary to carry out his/her role.
In all cases, reimbursement of installation and rental costs will be subject to Birkbeck being satisfied that these items would not have been installed, but for the employee’s obligation to Birkbeck and that the employee actually incurs the costs. Examples of provisions may include:
- installation and rental costs of a telephone
- outgoing telephone calls made on Birkbeck business
- installation, rental costs of a fax machine and operational costs
- installation and rental costs of modem/broadband connection
- costs of postage and couriers with the proviso that the latter cost must only be incurred where a delivery has to be made on an urgent basis. All other mail should ordinarily be sent second class unless instructed otherwise.
No more than one installation charge per employee will be reimbursed. Employees will make their own arrangements for any installation required.
Payment of telephone, fax and modem accounts will be the responsibility of the employee who, after making the payments, may claim reimbursement.
Reimbursement will be made on the basis of a quarterly expense claim form being submitted as detailed in Birkbeck’s Reimbursement of expenses procedure (Birkbeck staff only) .
Travel between the homeworker’s home and Birkbeck’s premises or any other location visited on behalf of Birkbeck is regarded as business travel and will be reimbursed. For all claims for reimbursement of travel expenses, staff should submit a claim for expenses (Birkbeck staff only) .
8.3 ADDITIONAL HOME EXPENSES
Any additional home expenses such as heating and lighting, which are incurred as a result of working from home will not be reimbursed by Birkbeck.
8.4 GENERAL
Birkbeck will not be liable for any increase in the homeworker’s mortgage payments or any similar liability as a result of the homeworker working from home and as may be imposed by a building society or similar lender. The homeworker is advised to ensure for his/her own information whether there may be any consequential increase or effect on his/her mortgage payments.
9.0 RESPONSIBILITY
All those persons referred to within this policy are required to adhere to its terms and conditions. They must understand that this policy is also incorporated into their contract of employment.
Individual managers are responsible for ensuring that this policy is applied within their own area. Any queries on the application or interpretation of this policy must be discussed with the Human Resources team prior to any action being taken.
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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
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Home working policy and procedure
The purpose of this policy and procedure is to provide a framework of understanding about how home working operates at the Housing Ombudsman Service.
The purpose of this policy and procedure is to provide a framework of understanding about how home working operates at the Housing Ombudsman Service (HOS). It is based upon the principles outlined below, which also meet the requirements of all relevant employment legislation and support a new and modern way of working
HOS recognises that for mutual benefit homeworking is an option for many job roles within HOS. We promote flexible working for all staff and will agree to an employee working partly or wholly from home where appropriate. This policy defines what home working means for HOS, what needs to be in place to ensure the wellbeing of employees. It is the HOS's policy to encourage open discussion with employees to ensure that questions and problems can be resolved as quickly as possible.
The policy and procedure apply to all employees and agency temps. For the policy to be effective, it is essential that colleagues and those involved in the management of colleagues are aware of the policy and procedure and adhere to it. Ultimately it is the responsibility of the Senior Leadership Team in conjunction with the Head of Human Resources to ensure that this is the case.
3. Core Principles
HOS will provide appropriate training and support to those involved in the management of colleagues. Any colleague at a management level should satisfy themselves that they understand the requirements of this policy and the related policies and procedures.
HOS will promote best practice in the management of home working. It will regularly review its provisions to ensure that they are legally compliant and reflect best practice.
HOS will support home working, and this will be agreed between the line manager and the individual taking into consideration team and business needs. Individual needs for flexibility will also be considered on a case-by-case basis.
Whilst home working, employees must take responsibility for their work during HOS office hours; the system is reliant on there being trust between managers and employees. This is so fundamental that any breach of trust will be treated very seriously and may be regarded as misconduct. Appropriate action may follow under the Disciplinary Policy.
Working at home is a benefit available to all staff and not a requirement, days must be agreed in advance with the line manager. There will be some circumstances where working from home a viable option is not or where the operational needs necessitate a different approach.
4. Types of home working
There are various ways that home working may operate, ranging from rare occasions that arise and do not form a routine, to formal arrangements that are identified as such in the contract of employment:
4.1 Occasional Home Working
Taking work home occasionally, on an ad hoc basis, to concentrate on a particular project or task may be suitable in the following circumstances: Where a specific task need dedicated and focused input and/or could be dealt with more efficiently at home e.g., saved travelling time and lack of interruptions; Where it is difficult for colleagues to get in to work e.g., adverse weather, or a short but unavoidable commitment at home
4.2 Hybrid Working
Working from home 20 to 80 percent of the time on a regular basis, the individual would come into the office for the balance of time. Colleagues permanent place of work would be both an office location and their home address.
Please note that hybrid working is subject to desk availability. Please refer to the desk booking process.
4.3 Permanent Home Working
Working from home 100 percent of the time (see 5.1 with regards to required attendance). This may be suitable where the job can be done just as effectively and efficiently from home.
5. Job Roles and Requirements
HOS believes that some roles lend themselves to homeworking more readily than others under homeworking, roles can be undertaken from the office or home. The balance between office and home working will vary depending on the role and the person concerned, and the days which are office-based days, and which are home- based days will be agreed.
Your principal residence must be within the United Kingdom.
5.1 Attendance at the Office
All colleagues will be required to attend the office or other suitable venue on occasion. Reasons for this may be – but are not limited to; colleague events and/or quarterly directorate meetings, training (where not available or appropriate to be held online), team meetings (if and when reasonably requested by line manager and when not appropriate to be held online), issues concerning performance management.
Senior managers may also need to attend meetings such as Advisory Board, DLUHC Accounting Officer meeting, ARAC etc.
It is anticipated that colleague events and directorate meetings will be a mix of in person and online events, resulting in attendance in the office for these events once a quarter. A degree of flexibility is required, and HOS will endeavour to give
reasonable notice for any request to attend the office or an alternatively suitable venue.
5.2 Employees in probation period
Homeworking will be available to all colleagues, including those in probation
6. Home Working in Practice
Your principal residence must be within the United Kingdom
Requests can be made for a short period of working abroad to be added to a period of annual leave. Each request will be assessed individually and in line with the Working Abroad policy.
Colleagues, where home working is mutually agreed will be asked to complete an agreement that they understand their responsibilities and those of HOS while working at home. This includes the areas covered below. Annex 1 lays out the Home Working Agreement that should signed by the colleague and the line manager. This will be held in the colleague's personnel folder on the HR system.
6.1 Insurance Cover
Colleagues should ensure that all HOS property is used appropriately and responsibly and that all reasonable precautions are taken to prevent damage and theft. Any damage or theft of HOS property must be reported to the line manager immediately.
Colleagues working at home are covered by HOS’s Employer’s Liability Insurance and Public Liability Insurance providing the rules of this policy have been followed.
6.2 Communication and Contact
Communication arrangements must be robust. Colleagues working from home should be readily contactable, normally by email, Teams and by telephone, during normal working hours. Home workers must let their line manager or colleagues know in advance (where appropriate) of any times they will be out, seeking permission where appropriate.
We will expect a homeworker to contact their line manager on a regular basis as agreed in advance [i.e., once a day/twice a week]
6.3 Information Security
All colleagues working from home must ensure that they adhere to HOS’s policies, procedures, and guidance in relation to Information Security, Data Protection and Freedom of Information.
The home worker will have a direct responsibility for all HOS information material held at their home and must ensure that it is not accessible to non-authorised people (e.g., other members of the household). All colleagues will be expected to follow Housing Ombudsman Service’s information security policies and procedures at all times.
6.4 Health and Safety
The work that colleagues will be carrying out at home is paper-based or computer- based work and in general such work is not high risk. Nevertheless, HOS has responsibilities under health and safety legislation when colleagues are working from home This includes the requirement to undertake the online Display Screen Equipment training and self-assessment.
Staff will be provided with equipment which is appropriate for their job roles and in line with any reasonable adjustments that an individual has.
Colleagues should refer to the Equipment Policy for any other requirements
7. Attendance and availability for work
Colleagues must be available and able to work on their contracted days whether they are in the office or working from home unless absence is for an authorised form of leave or sickness. Any variation to this arrangement can only be made by prior agreement with the manager.
Colleagues should remember that the needs of the customer, and the service will always take priority.
Where a colleague is being asked to attend the office at short notice, managers should endeavor to make the call at a time that enables the employee to arrive at their normal starting time. Where this is not possible the employee’s travelling time will be considered as part of their working day.
Colleagues should log in to the IT and telephony system to clearly indicate their availability status throughout their working day. This entails ensuring that outlook calendars are kept open, accessible to colleagues and are up to date.
As a rule, colleagues are expected to work in the same way, whether they are in the office or working from home. For example, if they would usually be available to answer the telephone, respond to emails etc. during the hours the service operates (usually between 9.15am – 5.15pm) they will be expected to do this when working from home, unless a change is agreed with their line manager. Whether or not the line manager agrees to a change, will depend upon the circumstances of the request and its impact on the team and service delivery.
In the case of a systems failure, colleagues should contact their manager, who will need to establish the extent of the system failure, the impact on the service and decide on the appropriate course of action. In some cases, this will involve seeking advice from senior management. Managers should activate their business contingency plans as appropriate.
8. Patterns of work
The days those colleagues work in the office or work from home will be organised, planned, and agreed in advance with their line manager. This will not be in a public place i.e. library or internet café.
The needs of the service will always take priority, however a collaborative approach between management and colleagues is more likely to achieve a mutually beneficial arrangement.
Ultimately the manager will have the responsibility for ensuring that service needs take priority; those colleagues are treated fairly and are trusted to take responsibility for themselves and their work when working from home.
Managers will, in consultation with colleagues, decide a pattern that best meets the needs of the service.
Colleagues who are not permanent home workers must understand that these patterns are subject to change; there is no entitlement to work from home on specific days of the week. Consequently, employees must be ready to alter their working pattern if required and should be wary of making any commitments on homeworking days as these may need to change.
The arrangements for the scheduling of rotas will vary to suit operational needs. Rotas will also need to be reviewed to consider new starters and leavers.
Working from home is not a substitute for caring for dependents. Colleagues are expected to have made alternative arrangements for the care of their dependents during their working day.
9. Exceptions from home working
HOS recognises that there are circumstances where home working may not be possible.
The following are examples of where managers may consider making exceptions. This is not an exhaustive list and advice may need to be sought from HR depending on the circumstances.
9.1 Staff who require specialist equipment.
There will be a priority seating for staff who have special requirements and where hot-desking is not appropriate. However, HOS does not want to prevent them from having the same opportunities as other staff to work from home
In discussion with the individual, and seeking advice, managers should take individual circumstances into account and ensure that staff are treated fairly and according to their particular needs.
- Staff whose personal circumstances are not conducive to home working. There could be a number of reasons where working at home is not possible for a member of staff, e.g., shared flats/houses, insufficient space, someone else caring for children/relatives in the home, In the short-term, they may need to attend the office more frequently than other colleagues and managers are expected to manage this in consultation with other team members.
The HOS operates a 35-hour working week. The scheme of flexible working hours will continue to operate. Employees will work their contractual hours whether, or not, they are working in the office or from home.
It is expected that standard office hours will continue to be 09.15 -17.15 for most services. Staff will therefore be required to work hours that facilitate and enable the operation of the services.
Hours can be worked flexibly in line with service needs and with the agreement of the line manager to achieve a better work life balance. Managers will therefore need to consider the suitability of flexitime within the operational demands of the service.
Where flexitime is operating, the scheme will be applied as set out below. Managers may make minor changes to meet particular needs.
Flexitime is not restricted to days worked in the office; Consistent extra hours need to be agreed with line managers.
Flexi-time scheme:
- Bandwidth hours: 00 – 18.30 unless otherwise agreed with your manager via a flexible working request
- Core time: 00 and 16.00 unless otherwise agreed with your manager via a flexible working request
- A normal working day unless pre agreed
- Lunch break: There is no set time for lunch but a break of at least 30 minutes must be taken; for standard office hours this would normally be between
12.00 and 14.15.
- Flexi-day: A maximum of two flexi days (pro-rata for part-time staff) in a month may be taken off by prior arrangement with the manager.
- When taking a half day or full day of flex leave this should be recorded on the HR system and approved by the line manager
- Carry over of hours in credit or debit: The allowance of 14 hours worked above, or below accountable hours may be carried over between accounting periods. This figure is pro-rata for part-time staff.
- Additional hours: These are hours that have been previously agreed to be worked outside the bandwidth.
- Timesheets: It is good practice that a timesheet be completed each day to the nearest 5 minutes. They should be approved by line manager and available for examination when required.
11. Sickness Absence
Where an employee is unable to work due to sickness, they must on the first day of absence, contact their manager at the earliest opportunity.
As a guide working from home is not to be used as a substitute for a working in the office day, when an employee feels “under the weather” i.e., they feel unable to
make the journey into the office but feel able to continue their normal work from home. Last minute changes could impact on other team members and are therefore difficult to accommodate.
It is however recognised that there may be times or circumstances where such requests may be agreed by exception. In their discussion the manager should consider the hours the employee expects to be able to work and their likely output before determining whether it is appropriate for the employee to work from home in this situation. It is also imperative that the employee has the necessary equipment at home to be able to do this (i.e., laptop etc.,).
An employee who has reported in as sick and will have it recorded as such, is not expected to work either in the office or at home. Managers should be respectful of this.
12. Performance
Working from home relies on outcome-based management. This means that staff are managed based upon their results. To achieve this staff are expected to deliver outcomes within their contractual hours. The arrangements for how hours are worked will be agreed in advance with line managers.
This approach will require a strong commitment by managers and employees to plan and ensure that regular 1-2-1 meetings take place and relevant targets are used to represent the outcomes required.
Working from home requires some changes in relationship between employees and their managers. As a result, there are different responsibilities for all staff. All responsibilities are set out below.
12.1 Employees will:
- Agree working arrangements with their manager (and in consultation with other team members where appropriate)
- Ensure that their manager knows when and where they are working at all times
- Ensure their Outlook calendar, Microsoft Teams presence, and telephone presence is up-to-date, and their working status is known at all times
- Meet agreed work objectives, deadlines, and monitoring arrangements, with a focus on outcomes and achievement
- Take care of HOS equipment such as laptops, particularly when travelling or working from home. Any loss, damage or theft must be reported to the manager and the police if appropriate.
- Comply with the IT security and data protection requirements
- Complete the Responsible for Information eLearning training module, and all other mandatory data protection related training.
- Take reasonable care of their own health and safety and follow the guidance in the online Display Screen Equipment training, and other health and safety arrangements and procedures
12.2 Managers will:
- Ensure that safe working practices are understood by employees and that they have the tools they need to do their jobs effectively
- Ensure, in consultation with other managers, that working arrangements mean we do not exceed our desk capacity on any one day.
- Plan which colleagues are working in and out of the office on any given This will necessitate thinking creatively about how home working could work for their staff.
12.3 Managers will ensure that their team:
- Understand that for employees who are not permanent home workers it is not compulsory to work from home, but that it is an available benefit
- Have access to the appropriate technology to work effectively both in the office environment and from home
- Have access to appropriate training and support to work effectively in the new ways
- Take responsibility for creating a safe working environment when working from home
- Have access to appropriate support equipment to assist in the creation of a safe working environment when working from home
- Have SMART (Specific, Measurable, Achievable, Relevant and Timely) objectives, priorities and targets which can be measured in line with the Performance Reviews, as well as clarity about the outcomes expected of their job role
- Have their individual circumstances and requirements (particularly where an employee has a disability) taken into account, including the needs of newly appointed colleagues, trainees and apprentices who may initially need to come into the office more often for support rather than working at home
- Have access to continuous performance review process which includes regular 1:1 conversations and/or supervision
- Ensure that information governance and health and safety requirements are adhered to at all times
13. Recruitment
Working within a home working environment requires particular skills. It is therefore important that these are incorporated into JD/PS when making new appointments.
As services move to home working the following criteria should then be applied and assessed as part of the normal selection process.
13.1 Managerial posts
The HOS home working policy means that staff may be managed remotely. Managers must therefore be able to:
- tailor their management style as appropriate to the needs of dispersed teams/ employees
- understand and apply different strategies for the effective management of performance by outcomes
- set clear SMART objectives for colleagues within a working environment
- address conflicting needs of colleagues in a fair and equitable manner that engenders confidence and trust
13.2 All other posts
The HOS home working policy allows colleagues to work from home. To be able to do so you must:
- demonstrate your ability to complete targets/objectives through independent working and problem solving,
- Make effective use of time management and prioritising skills
13.3 HOS website
The careers page on the HOS website will be updated to reference the home working strategy. Interview panels should however be prepared to provide a fuller explanation of how home working operates within the team.
13.6 New starters
The induction and probationary procedures should be applied to new employees in accordance with the respective policies. Managers will however need to ensure that these employees receive an induction that incorporates the Home Working Policy and Protocols and how these operate within their service area.
14. Expenses and travel
14.1 equipment.
The equipment policy details which home working equipment HOS considers essential for home working safely. It details the eligibility criteria and pre-approved maximum reimbursement costs.
Where there is a medical reason or reasonable adjustment to enable the employee to carry out the duties of the post, this will be addressed via the online DSE assessment for homeworking. Requests will be considered on a case-by-case basis.
14.2 Travel expenses
Travel between an employee’s home and a permanent workplace is not considered business travel and therefore expenses for such journeys cannot be claimed. An employee’s permanent workplace is considered to be that which is stated in their contract of employment.
Where an employee has approval to work from home and their employment base remains unchanged, then travel expenses to and from their normal office base may not be claimed. Travel to any temporary workplace may be claimed.
For employees who have their contractual base office changed to “home”, and who travel to and from any temporary workplace, including to any company office or client site, in the performance of their duties, may claim business travel expenses for such journeys. It should be noted however, from a tax perspective, that a temporary workplace may become a permanent workplace if the employee attends regularly or follows a pattern.
14.3 Tax Guidance
It is anticipated that, in the majority of cases, the costs of working from home will be offset by the savings in the cost and time of commuting to work, and the benefits of an improved work/life balance. Therefore, any costs incurred by working at home will not be met by the HOS.
Colleagues should refer to HMRC for any ta guidance for homeworkers.
Published March 2022
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Homeworking Policy
Any employee can request to work from home, and you have to at least consider the proposal.
But allowing a staff member to work from home is often a complex process. And it all starts with a work from home policy in the UK.
How to use this template
You can download our work from home policy document for free as part of our resources. It’s simply a case of entering a few details and then you’ll have access to the sample homeworking policy.
Remember, you should adapt the template to suit your business’ needs. You can’t use it as a direct policy as it won’t meet all of your business’ requirements.
To use it effectively, you should consider the points it addresses and raises and then apply them to your employees’ remote working needs.
For example, you’ll need to perform a health & safety risk assessment . And ensure your staff have the right equipment to complete their job.
This will vary in your business to the template, so complete every step with consideration of your requirements as a business--with consideration for the industry you operate in.
What is included in this template?
After downloading, you’ll have what amounts to work from home policy guidelines. You’ll have access to:
- A company work from home policy you can adapt for your business.
- Work home policy best practices (such as workplace health & safety check information, display screen equipment (DSE) advice, communication guidelines).
- Working from home policy checklist (to apply to your employee’s working environment, such as with their workstation, working responsibilities, and any reasonable adjustments you must make for them).
You’ll need to be flexible and practical with these to ensure you, as an employer, establish understandable rules that ensure productivity.
But that also allows your employees to perform their respective roles without any hindrances.
How Croner can help
Don’t forget, you can get in touch with our team of experts on 01455 858 132 . We can guide you through each stage of the policy so you can understand how to implement your work from home policy. This includes how to:
- Adapt an employee’s workplace so they can perform their job properly.
- The DSE they’ll need.
- The risk assessment you (or they, if their remote working is due to the coronavirus pandemic) will need to perform.
- Reasonable adjustments you’ll have to make.
- Who has to carry out, and agree on, the above.
Some of the benefits of a work from home policy include:
- You’ll meet your duty of care requirements as an employer.
- Ensure staff are safe and comfortable in their new working arrangement.
- Maximise your business’ productivity by ensuring staff can work without hindrance.
- Meet compliance with UK employment laws.
- Meet compliance with UK health & safety laws.
- Ensure you maintain a positive working relationship with your employees by meeting you, and their, requirements for homeworking.
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Download your free working from home policy template
2-minute read
Sam Bromley
1 March 2022
Businesses that have a working from home policy might find it easier to recruit people, as more and more employees expect flexible working to be available.
But working from home needs to be managed carefully, so it’s important to have a proper working from home policy in place.
Here’s a working from home policy template that you can use to set expectations with your team.
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- A guide to paying PAYE for small businesses
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What is a working from home policy?
A working from home policy is a document that outlines what homeworking means at your business, as well as how employees can ask to work from home. It will outline some of the working from home rules that are specific to your business.
You can offer homeworking as part of a flexible or hybrid policy , whereby employees are still expected to come into the office on certain days of the week.
Or, you might even be comfortable letting your employees work from home full-time.
A working from home policy details your approach to homeworking, including:
- definitions – for example, what are the differences between occasional, part-time, and full-time homeworking?
- when employees can work from home – what work can employees do from home, and how can they request to do so?
- obligations and responsibilities when working from home – including around security and equipment
- how to apply to work from home – what processes do employees need to follow?
Your working from home policy should also detail when employees can expect a reply to their request and whether there’s a trial period.
Working from home policy template
Free working from home policy template – word download.
Choose to download your template now, or get it directly from Farillio’s site where you’ll also get access to their full suite of customisable legal templates.
Your homeworking policy and treating employees fairly
According to Acas , you shouldn’t treat employees differently if some work from home while others are on your premises. Even if they’re not physically present, they’re still your employees, so you should continue giving them access to the same support and opportunities.
For example, an employee shouldn’t be left out of an important meeting just because they’re working at home. Tools like Zoom and Google Meet can help make sure that everybody is included.
Plus, when dealing with homeworking requests you should make sure you don’t discriminate against anybody that has a ‘protected characteristic’ (for example, age or disability).
The example that Acas gives is if you grant a homeworking request to a male employee that has children, but then deny a similar request from a female employee on the basis that her children could distract her.
How working from home can work for your business
It’s always best to be open and encourage discussion among employees, helping them find working patterns that suit them and their teams best.
Some employees might have responsibilities at home you’re not aware of, while others will always prefer working from your premises. There’s no one-size-fits-all solution, which is why talking is so important.
For your part, it will help to be clear about the tasks that can’t be performed anywhere other than your premises, and how often you expect your employees to meet together as a team.
As mentioned above, you can also think about the tools and equipment that will make homeworking easier. Whether it’s Zoom, Trello, or Slack, there’s lots of software available that will keep employees working from home updated and engaged.
Read more: the best free tools for remote working
Why use a working from home policy template by Farillio?
Farillio created their documentation (including this free working from home policy) specifically with small business owners and the self-employed in mind. It helps you meet your legal responsibilities, giving templates for your particular needs.
Our partnership with them lets us bring you quality, customisable legal documentation. See all our business resources from Farillio .
Here are some more free guides and templates designed in partnership with Farillio:
- grievance policy template
- employment contract template
- minutes of general meeting template
Do you need any other templates to help facilitate your working from home policy? Let us know in the comments below.
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How to draft a Homeworking Policy
Template Homeworking Policy
Following the COVID-19 outbreak, employers have adapted by transitioning many employees to work from home for the foreseeable future. As a result, businesses are finding themselves in a position where they are saying ‘we’ve not worked this way before, how do we make it work for us?’
An important first step is to consider implementing a home working policy if you haven’t done so already.
Why do we need a homeworking policy?
Home working, done well, can increase productivity, increase the mental and physical wellbeing of your workforce, and create a greater sense of work/life balance.
Having a homeworking policy in place will enable you to provide your remote workers with clear guidance regarding important aspects of employment and business including health and safety, data protection, costs and insurance.
What should a homeworking policy include?
You may want to include some, or all, of the following in your Homeworking Policy.
Skills and attributes
At present, many, or all, of your employees may not have any choice other than to work at home. However, if this is something that you continue with in the future, consider carefully the skills and competencies you expect your employees to have to work from home effectively.
For example, you will probably require them to have good organisation skills, to be able to work without direct supervision, and to plan their work effectively. Detail this in your policy so that your expectations are clear when employees are considering making a request to work at home.
Working hours
Be clear about how working hours will be affected by homeworking. Will you have set or core working hours? Will there be some flexibility homeworkers’ working hours? How will you monitor working hours?
Rest breaks
Consider for rest breaks and how these will be managed. It is useful in your policy to refer to the Working Time Regulations 1998 and be clear that employees must take breaks in line with this legislation.
Visits to company premises and to the employee’s home
Consider the purpose of the visits, and how frequently these will be arranged. Stipulate in your policy your requirements for office and home visits.
Stationery and equipment
Set out everything that will be provided by the organisation and what you expect the employee to provide. For example, you may provide computer equipment and a phone, whilst requiring the employee to have their own office furniture.
Internet and telephone connectivity costs
Set out in your policy who will pay for these and if/how the business will contribute to the costs incurred.
Data security
Specifiy in your policy the steps you require home workers to take in order to protect the data of your employees, customers and other stakeholders.
Health and safety
Consider the health and safety of your employees and and how they may be impacted by homeworking.
Insurance, mortage and rental agreements
Be clear in your policy about how you expect employees to deal with their insurance, mortgage and/or rental agreements if they are working from home.
Requests for homeworking
Set out clearly in your homeworking policy how employees should ask to work from home as part of a flexible working request.
The right to request flexible working
Once an employee has completed 26 weeks service with your organisation they have a right to submit a flexible working request, and you have a legal obligation to consider the request.
For the purpose of this article, flexible working may be an employee requesting to work from home on a permanent basis, temporary basis or on selected days.
There are many benefits of flexible working for employees as well as for employers, but you need to consider the request against the needs of the business, as well as how it might impact other staff.
If you have a flexible working request and you are unsure whether you can accommodate it you should consider the following.
- Will it add additional costs to the business?
- Will it have a detrimental impact on performance, quality or the service that you offer?
- Will it require re-organising day to day amongst the staff?
- Is there sufficient work for the employee during the hours they will be at home?
Risk Assessments
Health and safety isn’t just in the workplace, it’s at home too. As an employer you have a duty of care to your homeworking employees and the HSE advises that as an employer you must consider the following:
- How will you keep in touch with them?
- What work activity will they be doing and for how long?
- Can it be done safely?
- Do you need to out control measures in place to protect them?
If an employee will be working from home on a long term basis then it is recommended that you complete a workstation assessment .
Communicating with homeworkers
Since being told we have to be at home, businesses are coming up with new ways of keeping in contact with employees. For some, this may be starting to feel like a new normal. However, if you are struggling to keep in contact then we recommend the following.
- Consider a video conference meeting on a weekly basis. This may feel unnatural for some at first but over time it will become the new normal.
- Arrange regular team meetings and one-to-one check-ins to keep your remote worker engaged.
- Share updates on the company regularly – perhaps through a weekly newsletter
Download our Template Homeworking Policy below to give you a head start on drafting your home working policy.
Coronavirus reading and resources for employers
- The Coronavirus Job Retention Scheme
- How to draft a Homeworking Policy – Includes template policy
- A complete guide to handling redundancies for employers
- An employer’s guide to coronavirus and annual leave
- How to manage new remote teams during the coronavirus pandemic
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Home working policy and risk assessment pack for employers
- - Write to your homeworking employees
- - Homeworking policy
- - Homeworker's risk assessment
- - Setting up effective homeworking
- - Systems and data security for homeworkers
- - Practical tips for effective homeworking
- - Additional homeworking resources
This home working pack will help you review and update your policies and practices easily, allowing your staff to work from home as efficiently as possible, as cyber safely as possible, and ensuring employers remain compliant with health & safety and contractual obligations.
This article contains:
- A Homeworking policy to add to your staff handbook and issue to your teams.
- A Risk assessment which can be completed by the employee and includes questions assessing technology, data security & confidentiality and additional information for higher risk cases, for example expectant mothers. Carrying out initial and periodic risk assessments for homeworking fits well into this the comprehensive plan
- A list of useful sites and up to date resources . There is a wealth of information online covering every aspect of home working. At the bottom of this article are listed well known and up to date sites.
The general move to hybrid working arrangements for employees means more homeworking, so these documents can be incorporated into your hybrid working policies. There are now many reasons why an employer and an employee may agree homeworking – hybrid working – arrangements. It is important to explain what is expected during homeworking and ensure the worker and manager are clear how the new homeworking arrangement will work. We recommend writing to the worker to set out the changes to the employment contract and the new homeworking policy and ask the worker to agree to the changes so there is a clear record of the agreed changes.
Explain the change in working arrangements to employees and confirm in writing
With the pandemic fast forwarding a greater acceptance of home working and a new of era of flexibility, there are now many reasons why an employer and employee may agree on homeworking arrangements. It is important to explain to what is expected during homeworking and ensure employee and linemanager are both clear on how the new homeworking arrangement will work. We recommend writing to the employee to set out the changes to the employment contract and the new homeworking policy and ask the them to agree to the changes, so there is a clear record of the agreed changes
Below are elements you need to consider, and we suggest cover, in a letter to your home workers. Include the home working policy and risk assessment that you can download here and amend when you send the letter. Employers should remember to give themselves the flexibility to require workers on notice to return back to working in the office.
The letter represents a change to the worker’s contract so needs to be customised for the relevant home worker. Get in touch if you need more advice and guidance on getting this right for your particular situation, or if you need a template letter to start from.
Why is it so important to issue a formal letter ?
Employers have a legal duty to protect the health, safety and welfare of their employees, including those who work from home, under the Health & Safety at Work etc. Act 1974: As part of these duties:
- Employers are required to carry out a risk assessment to identify hazards and take steps to remove these. This risk assessment can be done by the employee and submitted to the employer for review.
- Employers must keep a record of the findings of the risk assessment and keep the risks under review.
- Employers are responsible for any equipment they provide to be safe and suitable, and must provide appropriate eye tests, on request.
- New and expectant mothers are owed a special duty of care under the Management of Health and Safety at Work Regulations.
- Employers should check they have appropriate insurance cover for homeworkers, including statutory employer’s liability insurance, and insurance covering any equipment or materials, and
- Treat employees fairly and consistently whether at work or home working.
Health & Safety Executive (HSE) guidance for employers on protecting home workers .
Homeworking policy
A Homeworking policy sets out the basis for working from home, the assessment criteria, the necessary arrangements and how home working will be managed going forward.
Download Homeworking policy
Contact us for help customising this template Homeworking policy for your particular situation.
Homeworker’s risk assessment
This risk assessment should be sent with the letter and homeworking policy to the homeworker. It can be completed by the homeworker and includes questions assessing technology, data security & confidentiality and additional information for higher risk cases for example expectant mothers. It also includes a critically important final question so easily missed by employers.
Download Homeworker’s Risk assessment.
Setting up effective homeworking
The Health & Safety Executive have produced a working from home toolbox and video here and a display screen equipment (DSE) checklist here
Systems and data security for home workers
Protecting data security and data confidentiality in a homeworking setting.
Businesses still have a legal responsibility to ensure that they have sufficient data security and data protection practices in place for homeworking as well as health and safety considerations for employees. There are increased risks from:
– malware attacks – data breaches – use of down devices, and – adoption of new technology which has been poorly implemented, secured or assessed may arise
Employers are responsible for data security and protection of personal information. This remains the case when any member of your workforce is homeworking.
Employees must try to maintain the same standards of data confidentiality and security at home as they would normally do in the office.
Phishing attacks sky rocketed during the pandemic and continue to be a problem with significant numbers targeted at home workers. (At the height of the lockdown Google was blocking 18 million coronavirus scam emails every day). Do warn and train your staff to avoid a disruptive security breach and IT misuse from these attacks.
Employers may want to think about:
- Putting an ‘IT and Systems in Homeworking’ Policy in place to manage your remote team and keep your data secure.
- Asking your employees to complete a working from home assessment Offering employees (including those furloughed) online training or webinars on data security and confidentiality while working from home
- Reviewing access to internal systems, security of employees own devices and updated anti-malware and virus protection across all devices.
For more information and advice on data security and confidentiality, and what to do once your risk assessments are in, contact Karen Heaton at www.dpo4buiness.co.uk who works closely with The Legal Partners when we advise clients on these issues.
Practical tips for homeworking to share with your staff
Some important reminders to keep in mind and review from time to time with all existing staff and new joiners who are working from home.
Define your space – have a dedicated area for work, however small, to separate work life from home life. Ideally in a separate area, but otherwise any quiet area.
Working from home equipment – as employers will not be able to see the working from home set-up of certain staff, it is important to keep in regular discussions regarding employee’s working from home equipment (ie making sure laptops, monitors and headphones are functional and up to date), in order to ensure that all employees are equipped to manage their workload from home.
Sitting correctly – in an ideal situation, every employee should have a fit-for-purpose work chair and desk as well as desk equipment set up professionally. Make sure you have checked in with your team on these elements.
Working in natural light, sitting with correct posture in the best chair possible, ensuring laptop screens are positioned at eye height and using external keyboard & mouse wherever possible, are all important elements to get right. Check in with your teams on these aspects, and use/share the links in the section above.
Take regular short breaks – every 20 minutes, look up, stretch, walk about, reach out to a colleague, open a window and get some fresh air. Make time to eat lunch properly.
Establish a routine – establishing some familiarity can help people stay productive and to feel in control, happier at work. Set regular hours and stick to the schedule.
Plan the day – set a plan for each day and where possible stick to it. Work-life balance – many people have family, caring responsibilities and household set ups that make keeping to their usual work hours difficult, and can make working from home a challenge. Discuss with people individually what working from home means for them, adapt working structures and agree a way forward.
Staying in touch – much has been written about this. Ironically, homeworking has proved a golden opportunity to break the much ingrained office habit of relying solely on email communication. Whether its by mobile, video chat, MS Teams, virtual tea-breaks or the many other ways to connect, make it a daily habit to have 5 or 10 minutes general chat. Plan quarterly virtual team-building get togethers, so that team members can establish a relationship outside of work activities.
Whatever technology is used, the point is don’t allow vacuums in communications to arise. Schedule regular ‘check in, check out’ team conference calls, at the beginning and end of the day. Dedicate part of the call to something not work-related. Ensure everyone is involved and heard, especially those who are not physically visible.
Employers increasingly expect line managers to take responsibility for their team’s health and wellbeing. Be mindful that more junior line managers may well need some coaching in how to do this for their teams.
Some firms have created ‘wellbeing platforms’; breaking areas down into mental wellbeing, physical wellbeing, thought leadership and combining childcare with homeworking, inviting staff to contribute.
Training & upskilling. Many employers took the opportunity in lockdown to train and upskill their teams using the online resources, (Microsoft Excel topped the list of training courses taken during the pandemic). Continuing training programs, and promotions, when staff are homeworking is good for morale, and for moving forward.
Below are some helpful additional resources, tips and reminders on managing remote teams and all aspects of effective homeworking.
Additional homeworking resources
CIPD have made available a more general guide outlining some of the key aspects Managers need to consider when ‘preparing the organisation for home working ‘.
- Acas | Working from home a short bullet list on much of the above plus setting clear expectations.
For more information or queries about issues discussed in this article, please contact Richard Mullett by email . To speak directly with or any other of The Legal Partners team of specialist business and HR lawyers based at our Richmond UK office, or our partner lawyers in Singapore or Guanzhou, please call +44 203 755 5288
This article explains the main legal issues and common situations to consider. It is not a substitute for legal advice. Please get in contact to discuss your particular issue or queries.
Richard Mullett
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For more information or queries about issues discussed in this article, please contact Richard Mullett by email . To speak directly with Richard or any other of The Legal Partners team of specialist business and HR lawyers based at our Richmond UK office, or our partner lawyers in Singapore or Guanzhou, please call +44 203 755 5288
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Managing home workers' health and safety
1. overview.
As an employer, you have the same health and safety responsibilities for people working at home as for any other worker.
This guidance applies to those who:
- work at home long term
- routinely split their time between their workplace and home (sometimes called hybrid working)
Most of the time, risks to home workers will be low and the actions you should take to protect them will be straightforward.
Things you should consider as part of your risk assessment for home workers include:
- stress and poor mental health
- using equipment like computers and laptops safely
- their working environment
You should talk to your workers about their arrangements, as working from home may not be suitable for everyone. For example, some people may not have an appropriate place to work or may prefer to come into the workplace for wellbeing, mental health or other reasons.
We have advice for home workers themselves .
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Labour says it will urge UK firms to publish menopause action plan
Menopausal women could be offered paid time off as part of efforts to support wellbeing of women
Menopausal women could be offered paid time off and working environments with temperature-controlled areas under Labour plans to support the wellbeing of women in the workplace.
About one in 10 women aged 45-55 left their jobs last year due to their symptoms and ultimately the lack of workplace support, according to research supported by the Fawcett Society.
In an effort to support women to stay or return to the workforce, Labour has pledged to bring in a requirement for large companies to publish and implement a “menopause action plan” that sets out how they are supporting their employees experiencing menopausal symptoms.
The party plans to release government guidance, advising employers on the best ways to help their employees. Working women could also be offered alterations to their uniform to help manage menopausal symptoms.
Angela Rayner, the party’s deputy leader, said the policy was a “simple and effective way” to “improve productivity, keep more people in work and ultimately grow our economy for all”. Anneliese Dodds, the shadow women and equalities secretary, hailed the move as a “vital step forward” as the Conservatives “have vacated the field on supporting women”.
Employers will be required to submit their action plans to an existing government portal used for gender pay gap reporting.
Starmer’s plans go a step further than those presented under Jeremy Corbyn’s leadership in 2019. Three years ago, Labour offered women flexible working hours and a requirement for employers to treat the menopause like a long-term fluctuating health condition.
Other changes suggested at the time included training managers about how the menopause can affect women, and what assistance they might need, as well as workplace facilities such as access to ventilation facilities and cold water.
Rayner, who also holds the post of shadow future of work secretary, said: “Everyone should be supported to thrive at work. But all too often women going through the menopause are being let down. Under the Conservatives, the number of women leaving the workforce is soaring, and productivity is plummeting as those who continue in work aren’t getting the support they need. This is bad for women, bad for business and bad for our economy.”
She continued: “I know from working with many incredible women how hard it is to get on at work every day while battling severe symptoms including depression, joint pain and extreme fatigue. It happens in every workplace, but too often women suffer in silence.
“Building on our new deal for working people, the next Labour government will help employers to support the wellbeing of their female workers, and our proposals are a simple and effective way to do this. We want to work with businesses and trade unions to bring about practical solutions like this to improve productivity, keep more people in work and ultimately grow our economy for all.”
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Dodds said: “Women in their 50s are the fastest-growing group in the workforce but they face significant pressures, and many are managing their menopause symptoms while holding down a job, caring for elderly parents and supporting their own children.
“Labour will ensure that these women are heard and supported through what can be a challenging time in their lives.”
NHS England has offered female staff experiencing the menopause the ability to work flexibly if needed.
Amanda Pritchard, NHS England’s chief executive, called on other employers to follow suit to help “break the stigma”.
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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. For example, Rajinder spends 2 days a week working in the office. They spend the other 3 days working from home or a local coworking space. Requests for home and hybrid working
As an employer, you should create a policy for working from home or hybrid working. A policy can help you to consider requests and explain the process to your employees. You should also: update any related policies or procedures regularly review your policies and check if they can be improved consult your employees and their representatives
3.2.1 Regular Homeworking is where full-time or part-time staff have a formal agreement to work from home on a regular basis for the whole or a part of their working week or day, e.g. 2 days at University premises and 3 at home, working from home every third week, working from
3.1.4 Home workers: employees who can perform more than 90% of their duties from their home. 3.2 This policy provides a framework for working from home where this is both feasible and desirable. Any arrangement for working from home should be voluntary on the part of the employee and at the discretion of the manager.
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.
Homeworking expenses include: equipment, services or supplies you provide to employees who work from home (for example computers, office furniture, internet access, pens and paper) additional...
1. Health and Safety Executive information on home working 2. Chartered Institute of Ergonomics and Human Factors infographics on homeworking and staying healthy 3. DSE e-learning module 4. University lone working guidance 5. University DSE guidance Check with your home insurer to ensure that home working does not invalidate your own policy
Homeworkers must refer to Birkbeck's policies, all of which are contained in the Staff Handbook, which has been provided to the homeworker. The homeworker will be required to work the hours specified in his/her Statement of Terms and Conditions of Employment. 3.0 MANAGING THE EMPLOYEE AND THEIR WORK
14 Oct 2022 Previously modified 09 Feb 2022 This policy includes information on applying for homeworking, trial periods, training, management supervision, care and security, the equipment that will be provided by the company and homeworking abroad. Download Homeworking policy amended.docx 75.42 KB
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
A summary of your duties to protect home workers Risk assessment Include home workers in your risk assessment Stress and mental health Manage the risks of stress from working at home Using...
Home Working in Practice Your principal residence must be within the United Kingdom Requests can be made for a short period of working abroad to be added to a period of annual leave. Each request will be assessed individually and in line with the Working Abroad policy.
A policy setting out the conditions on which staff can work from home on an occasional or regular basis and the conditions that apply to all permanent homeworkers. ... Homeworking policy Practical Law UK Standard Document 8-386-6919 (Approx. 19 pages) Ask a question
Some of the benefits of a work from home policy include: You'll meet your duty of care requirements as an employer. Ensure staff are safe and comfortable in their new working arrangement. Maximise your business' productivity by ensuring staff can work without hindrance. Meet compliance with UK employment laws.
A working from home policy is a document that outlines what homeworking means at your business, as well as how employees can ask to work from home. It will outline some of the working from home rules that are specific to your business.
Having a homeworking policy in place will enable you to provide your remote workers with clear guidance regarding important aspects of employment and business including health and safety, data protection, costs and insurance. What should a homeworking policy include? You may want to include some, or all, of the following in your Homeworking Policy.
A Homeworking policy covering temporary homeworking in COVID-19 to add to your staff handbook and issue to your teams. A Risk Assessment which can be completed by the employee and includes questions assessing technology, data security & confidentiality and additional information for higher risk cases, for example expectant mothers.
Home working Managing home workers' health and safety Overview Risk assessment Stress and mental health Using computers and laptops safely at home Working environment and accidents 1....
In an effort to support women to stay or return to the workforce, Labour has pledged to bring in a requirement for large companies to publish and implement a "menopause action plan" that sets ...