Today's business climate has made it commonplace for employees to work remotely to perform their duties under their employment contracts. Following on from the Covid-19 pandemic, it became essential for businesses to adapt their structures and systems in such a way that it is conducive for their employees to work hybrid (some days from home and some days at the office) and in some cases, entirely remotely without the need to enter the employer's premises. In addition to being the new norm for doing business, the option for employees to work remotely now greatly adds to both employee satisfaction and the interest of prospective employees (i.e. job applicants).
Remote working refers to any arrangement by an employer that permits its employees to work from any location of their choosing (e.g. from home) without the need for them to come to a central location owned/managed by the employer (e.g. an office building, warehouse etc).
Despite the importance of remote working known to employers, some employers remain hesitant to adopt these measures for a variety of reasons, some of which include:
- some employers believe they cannot afford remote working (i.e. it is expensive for them to provide tools and systems).
- some employers believe their business model requires their employees to be on-site.
- some employers believe they can only effectively monitor their employees while they are on the premises.
While these reasons are valid, they do not change the reality that in today's business climate, an employer that does not create the option of remote working for its employees may be doing more harm than good to its business. To this end, it is beneficial for employers and their businesses to know how to effectively organize remote working for their employees.
Legal considerations when organising remote working
When an employer takes the step to organise remote working for their employees, there are legal considerations that must be made in order to make set up remote working effectively.
- The first legal consideration that the employer will have to make is whether changes need to be made to the employment contract in order to accommodate the remote working arrangements. This will be the first legal consideration because most employment contracts will state the location where the employee will be required to work from. As such, where the employer intends to institute a remote working arrangement, the specific clause in the employment contract stating where the employee will work will need to be amended to include the option for the employee to work remotely.
- The second legal consideration that the employer will have to make is using a remote working agreement to expressly outline the terms and conditions on which the remote working will function. The remote working agreement will often serve as a modification of the employee's employment contract.
- The third legal consideration that the employer will have to make is implementing a policy to govern any remote working regime instituted in the organisation. The policy is different from a remote working agreement in that while the remote working agreement has the function of varying the employment contract, the remote working policy will be used by the employer to outline how they will manage and facilitate the employees' working remote working. While having a remote working policy is not a requirement, it proves to be a legal consideration because it is good business practice for employers to have their respective policies in written format so that both the employer and employee can refer to them whenever the need arises, and the employees can be clear on what the employer expects of them or will be providing for them under such policies.
There is no requirement to update or change an employee's remuneration as a result of the implementation of remote working within an organisation. Although the employee's working situation may change, it is not always equal to a promotion or increase in responsibilities. All that changes is the working arrangement and the location where work will be carried out.
Practical Steps to take when implementing remote working
After these legal considerations have been made, it is equally beneficial for employers and their businesses to know how to effectively organise remote working for their employees. Thus, employers should then consider the following practical steps when implementing a remote working arrangement for their employees:
- the employer should check whether remote working is suitable for its business and whether it is in the best interest of the organisation. This check should include how a remote working arrangement would affect the different levels of staff within the organisation. For example, the way remote working would affect a senior employee (e.g. a director) is going to be different from the way it affects a junior employee (e.g. a junior analyst).
- the employer should conduct surveys with its staff to see the employees' reactions to remote working and what works best for people and what does not. The reason for this is that some employees are likely to state they work better on the premises while some may state that remote working gives them a better work-life balance which leads to better productivity.
- make sure that managers and supervisors understand the organisations' remote working strategy and effectively communicate this strategy to the members of staff. This is because it is likely to take some time for employees to adjust to remote working and having supervisors who are well versed in the organisations' plan can help with such adjustment. Additionally, the employees should be informed how supervision will take place during remote working periods. For example, some organisations use task sheets that employees have to fill out to show the work undertaken during remote working hours. Another means is by tracking the computer systems of the employees used to work during remote work.
When implementing or using tracking systems to monitor employees' activities on organisations' systems or web systems, the employer must be mindful of privacy concerns under GDPR and the DPA 2018. One avenue employers can use to make sure they do not breach privacy is by having a privacy policy that outlines how the employer will process their employees' data.
- the employer should forecast what reasons may cause it to cancel or stop remote working arrangements. This can help the employees know that remote working is not a right but a privilege and there may be penalties if they abuse this privilege. For example, the employer can make it clear that if the employee consistently fails to meet their deadlines and productivity drops below a set threshold, the remote working arrangement will be terminated.
- to regularly monitor and review the policies implemented to govern remote working. Even after creating a remote working policy, it is also imperative for the employer to find regular intervals to review the policy and make sure that it still mirrors exactly what the organisation is trying to achieve, and that it is still suitable for its employees.
- the employer should determine how it will manage flexible working requests by employees. In certain instances, remote working will not automatically apply to all employees but will rather be an option which the employee can make using flexible working request. This request may be a result of illness or some other condition that is significant enough to warrant such a request. It is therefore important for the employer to have a system in place to deal with those types of requests including how they should be made, what will affect a decision to grant it, how the decision will be made etc.
- the employer should set up clear communication channels which can be used during remote working periods. The remote working arrangement will only work smoothly if the employer can communicate with the employee as seamlessly as it would have been able to while working on the premises. The existence of virtual meeting technologies such as Zoom, Microsoft Teams, Google Meet etc can be used to ensure there is easy communication between employees working remotely and those who are on the premises.
Conclusion
Making the decision to implement remote working is definitely a move that every employer should consider making. Whatever the decision the employer makes, going through the checklist of considerations allows the employer to ultimately make the best decision for their business. In the event that the employer chooses to implement remote working, utilising the legal considerations outlined above will make the implementation process smoother as well as provide adequate legal protection if done right. Ultimately, organising remote work is a step that must be treated on a case-by-case basis. An employer must merge the best interests of the business with those of its workforce when taking such a step and determining whether its business is one that can thrive effectively with such a working model.
26th December 2022