Working from Home Business Policy

What is a working from home business policy?

A working from home business policy (also known as a homeworking policy) can be used by an employer in England and Wales to explain the rules, requirements and practical arrangements for employees who work remotely in their home.

What is the difference between a homeworking policy and a remote work agreement?

A homeworking policy sets out the general arrangements and rules for homeworking.

A remote work agreement creates a legally binding contractual agreement as part of a contract of employment between an employee and the employer. The remote work agreement will apply to an individual employee and will explain that the employee's ordinary place of work will be at their home.

Is it mandatory to have a homeworking policy?

No, it is not mandatory to have a homeworking policy. It is however best practice for an employer to hold a policy of this nature if employees are permitted to work from home.

What is not allowed in a homeworking policy?

A homeworking policy should ensure that it is not indirectly discriminatory. A policy of this nature may be indirectly discriminatory where it puts a certain group of people at a disadvantage. For example, this may occur if a certain group of people are unreasonably prevented from homeworking.

What are the prerequisites of a homeworking policy?

If an employer formally recognises a trade union or staff association, they may wish to consult and agree on the terms of the policy with them. If a collective agreement* is in place between the employer and the relevant union or association it may be a requirement to consult with them about the policy and/or agree upon the terms with them.

A collective agreement is a written contract that is negotiated between a union and an employer on behalf of its union members.

What should be done once the homeworking policy is ready?

The homeworking policy should be made easily available and should be communicated to all staff members. It is common to display workplace policies in an easily accessible public area, or within a staff handbook. The policy will be provided to new employees when they start work, usually with their contract of employment.

The policy should also be provided to employees if their working arrangements change from office-based working to home working. In those circumstances, the policy will be provided with any relevant contractual remote work agreement.

What other documents should be held with a homeworking policy?

At the start of an employee's employment, they will be provided with an employment contract that will detail their ordinary place of work.

If an employee's working arrangements change from office-based working to home working during the course of their employment, then a remote work agreement will be provided to them.

It is also useful for employers to hold other relevant policy documents which may be read in conjunction with and may refer to the home working policy. For example, this may include:

• a workplace code of conduct
• a grievance policy
• a disciplinary policy
• an expenses policy
• an equal opportunities policy
• a redundancy policy
• a workplace domestic abuse policy
• a social media policy
• a privacy policy
• a sickness/absence policy
• a holiday policy
• a gift and hospitality policy
• a whistleblowing policy
• a substance abuse policy

How long should a homeworking policy last?

A homeworking policy can remain in place indefinitely. However, it is important to make sure that the policy is reviewed and updated, as appropriate. Should the policy be revised or altered, these revisions and alterations must be communicated to staff members at the earliest opportunity.

What should a homeworking policy contain?

A homeworking policy should provide information to confirm:

• the purpose and scope of the policy
• how employees can apply to work from home
• how eligibility to work from home will be considered
• details of all health and safety requirements
• details of any equipment requirements
• details of any insurance requirements
• details about the reimbursement of any costs and expenses
• how an employee should manage their time whilst homeworking
• the responsibilities of the employer and any managers
• the responsibilities of employees who are homeworking

What laws apply to a homeworking policy?

The following key legal provisions will be relevant to an employee's rights and the employer's obligations in relation to home working:

• The Employment Rights Act 1996
• The Employment Act 2008
• The Working Time Regulations 1998, SI 1998/1833
• The Equality Act 2010

Employers should also be aware of:

• The Heath and Safety Executive (HSE) guidance about homeworking.
• The Advisory Conciliation and Arbitration Service (ACAS) guidance about homeworking.

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