It depends on what their employment contract says. You will need to ensure that homeworkers do not exceed the 48-hour limit on their … Failure to do so can result in discrimination allegations and breach of contract. To find out more, see our FAQs. We employ home workers on piece rates. If possible, it is good practice to get your health and safety officer (or a manager trained in health and safety) to make an initial inspection, and at regular intervals thereafter to get your home-based employees to complete self-assessment forms which are reviewed by your health and safety officer, or by a manager trained in health and safety. Stay compliant by setting clear boundaries and responsibilities for all parties. Many homeworking employees work flexible hours, so outline their “core hours” and never assume they are doing a normal 9-5. Many homeowners choose to convert an existing room, such as a box room, loft room or garage into a habitable space. You will probably have to rely on 'some other substantial reason'. One way and another, this is a more difficult move than it might at first appear. 1 decade ago. You can attract and retain critical skills and talent. Read more Right now, 4.2 million people call their house their office and the expectation for flexible working is becoming more and more in demand. You need a proper chair, something that's not going to cause back problems if it's going to be regular that somebody's going to be working from home. Those who are continuing to work from home are contributing to the public health effort, just as those returning to the workplace are. Being able to work at home isn’t just handy for employees. Depending on how good your case is an Employment Tribunal might or might not accept your reasons. By using our site you agree to the use of cookies. Legal Requirements For Working From Home Uk from the investment factor, is whether you will find it enjoyable and comfortable to trade and which one suits your style. What are the legal implications, if we ask current employees to work from home on a self-employed basis? Insufficient work at the times when the employee proposes to work. If the Employment Tribunal finds against you, you will have to reconsider the application, and may have to pay compensation - so it obviously pays to get it right first time round. Do we have to pay new workers, recruited to work from home, at the same rate as employees moved from our offices to work from home? Typically, a disabled worker would not be able to claim a home office deduction because the arrangement benefits the worker, not necessarily the employer. Are we responsible for data kept at a worker's home, or accessible on a home worker's computer? Some employees who work from home can claim tax deductions related to their home workspace. The expenses must be 'reasonable', and may not include the costs of alterations to the premises, or purchase of furniture. 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. Can we refuse? Working from home means that employees will be using their internet, electricity and phone for work purposes. You should have a policy on data security which should cover home workers. If we get an employee to work from home, do we have to cover their expenses when they travel in to the office for meetings? However, it may pay you to leave the option open indefinitely if you can. Click "Unsubscribe" in any email to opt out. You could put an appropriate term in their contract of employment, expressly forbidding such activities. You might be able to reach an acceptable compromise by offering a 'hot-desking' arrangement, or providing for the employee to come into work for two to three days a week. I wish to start working from home and wish to know if there are any legal restrictions as to what I may do (it would be a legal occupation I may add). Apply to Home Based Legal jobs now hiring on Indeed.co.uk, the world's largest job site. One of the factors HMRC is likely to take into account is the extent to which their income comes from a variety of sources, so you will not be able to rely on using them on a full-time basis. We will never put at risk, share or sell your information. safe working procedures and training requirements, and; potential risk of infection on journeys to and from the workplace. Otherwise no, unless you are willing to risk a claim for constructive dismissal. How long is it reasonable to give workers who have opted to work from home the opportunity to change their minds? This is a matter to be decided between you and the home worker: it could be either. Almost all employees with at least 26 weeks' service have the right to ask for flexible working which can include working from home. Even with employees who are long established as home workers, circumstances may change, and the reasons for opting for home work in the first place may cease to exist. Recruitment and employment contracts (16), Working time: hours, leave, flexible working (16), Managing home workers, remote workers, lone workers (9), Five ways blockchain will change the legal profession. Most homeworking employees move data (or devices that can access that data) into public spaces. This Work From Home Readiness Checklist is for organizations and teams who are preparing their employees to work from home. 3 Answers. Employers with fewer than 250 employees will be refunded their eligible SSP costs (limited to 14 days per employee). Homeworking is on the rise. As an employer, you are responsible for the health, safety and welfare of your employees. But take advice before you pay them differently, because it could be risky. Working from home Planning Permission. Of the acceptable reasons for dismissal (conduct, capability or qualifications, illegality, redundancy, or 'some other substantial reason'), most are inappropriate if you wish to continue to use these people on a self-employed basis. The legal employment status of home workers is defined by the following tests of whether they are a ‘worker’ or ‘employee’: • Mutuality of obligation – is the person legally obliged to carry out some work in return for some payment (contract) That doesn’t include the cost of heating and lighting a workspace. However, if your employee has been employed continuously for two years, they might be entitled to bring a case against you for unfair dismissal. Under the Fair Work Act 2009, the right to request flexible working arrangements is an entitlement only for employees in certain circumstances, such as those who have the care of a child under school age, are a carer, are 55 years or older, are experiencing family or domestic violence or provide care or support to a member of their household or immediate family who requires care and support because of family or … By continuing to using our site you agree to the use of cookies Cookie Policy Next Building Regulations; Advertisement. However, include a provision that the employee can be required to attend the office. Is your business ready? Most employers will provide basic equipment at least. This is known as ‘ making a statutory application ’. ), Conduct risk assessments on homeworking environments, Create a policy for regularly reviewing home environments, Access to the employee’s computer and home. Flexible working might include working for some or all of the time from home. The employee is responsible for resolving any home-related issues highlighted in the assessment. 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. Do we have to have health and safety inspections? Employers have no general right to require this. They cover areas such as licensing, food safety, food labelling and waste. 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. No fees for first-time users until 15 January 2021 (terms apply). Think long and hard, and take good legal advice before you make it. However, HM Revenue & Customs decides this on a case-by-case basis, looking at a range of factors such as: If you control what the workers do, when they do it and how they do it, and if you carry the financial risks of the business, HMRC is likely to find that you employ them, whatever their employment contract (or lack of an employment contract) says about the matter. Website: www.atomcontentmarketing.co.uk, Working time: hours, leave, flexible working, Managing homeworkers, remote workers, lone workers, Planning permission and building controls, Carrying out a health and safety risk assessment, Probate, executors and estate administration, Managing home workers remote workers lone workers, information and guidance for employers and businesses. One of them is a duty on employees to serve their employer honestly and faithfully, and work with due diligence, skill and care. 4.1 Working from home arrangements require a high degree of trust, together with open and honest communication. Out of sight does not mean out of mind. There is no legal obligation on an employer to provide the equipment for homeworking. Working from home laws: Employees who have worked for the same employer for 26 weeks have a legal right to flexible working (Image: GETTY) Current legislation in place regarding working from home If you do not make such payments, the worker can claim the cost against their tax liability, though this means less than full recovery. Neil. Make sure that any lack of action does not invalidate the insurance. You cannot claim tax relief if you choose to work from home. Not necessarily. It is up to the employee to come up with sensible suggestions as to how the new system might work, and to give them to you in writing. Employer Obligations For Employees Working from Home, Employment Contracts – These Must Reflect Homeworking, Health and safety at work extends to the home, Benefits of letting employees work at home, Home upkeep costs (Lighting, internet etc. 28 days to consider, as legal expert Julian Sampson explains or to refuse the request refuse the request your! Must have consent from their mortgage provider to work effectively while out of pockets, or purchase furniture!, the employee is using their time and our equipment to work for people! May need to make sure you meet certain legal requirements Last updated December,... Who will cover any extra costs employees might have when working from home can feel isolated without! Email to opt out refuse the request the home worker 's computer business, your staff have the tools need. Of action does not mean out of sight does not count as “ working time Regulations 1998, spent... 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