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Hybrid and remote working have become fundamental to the modern workplace, with many employees now splitting their time between home and the office. However, these newer working arrangements bring specific legal considerations that both employers and employees must understand to ensure compliance with UK Employment Law:
1.Employment Contracts
Employers should review and update contracts to reflect working arrangements, whether it’s hybrid or remote and minimum expectations required. The updates may include specifying work locations, hours of work, and any new expectations or responsibilities.
2.Health and Safety
Under the Health and Safety at Work Act 1974, employers are responsible for ensuring the safety of employees, even when they work remotely. This includes conducting risk assessments for home workspaces and providing guidance on ergonomics, home-set up, security and even schooling employees on taking appropriate breaks and separating work and home life.
3.Expenses and Equipment
Employers must consider who bears the cost of remote working equipment and utilities. While there’s no blanket obligation to cover these costs, clear policies should be established to avoid disputes later on down the line.
Employees should declare on their home insurance that they work from home but the employer’s equipment is likely to still be covered by the company (insurance policies should always be checked accordingly).
4.Data Protection and Confidentiality
Remote work increases the risk of data breaches. Employers must ensure compliance with the UK GDPR by implementing secure IT systems and training employees on data protection protocols.
5.Right to Request Flexible Working
All employees have the statutory right to request flexible working, which can include hybrid or remote working. Employers must consider these requests fairly and provide a valid business reason if declining. Care must be taken not to discriminate when making decisions and legal advice is best sought to ensure the process is carried out correctly.
6.Discrimination Risks
Employers must ensure that hybrid or remote working policies do not indirectly discriminate against certain groups, such as those with disabilities or caregiving responsibilities. Adjustments may be required under the Equality Act 2010.
Employers can enjoy the many benefits of hybrid working, such as increased employee satisfaction and productivity, employee retention and the ability to recruit from a further afield and even by saving costs on office space. However, proper procedures must be implemented to ensure problems are avoided later on down the line.
Clear communication, policies and regular reviews of working arrangements are essential to avoiding legal challenges.
By addressing these legal considerations proactively, businesses can foster a compliant and supportive work environment, benefiting both employees and employers.
For any assistance or advice, please feel free to contact our Employment Solicitor Ilinca Mardarescu on imardarescu@astonbond.co.uk, or call our office on 01753 486 777.
