58
LEGAL VIEW
IN ASSOCIATION WITH:
HOMEWARD BOUND
It seems like a lifetime ago since Boris Johnson’s first lockdown announcement back in March and since then millions of us have adapted to working from home.
For many it has become ‘the new normal’ and it is likely to continue that way for them for the foreseeable future while the country awaits the rollout of the long-awaited vaccine and a return to some sort of ‘the old normal’.
And, while there will be businesses itching to have all their staff back in the office, others will decide that the merits of remote working are such that it becomes their standard way of operating.
However long companies look to continue working for home, there are implications that they need to be aware of. Getting things wrong can be costly – and not just legally.
Claire Thwaite at Cube HR in Burnley says the first thing to consider is the employment contract.
She explains: “When an employee changes their work location that constitutes a variation to the employment contract, so any agreement should be made in writing, with sign off from the employee and should clearly state if it’s a permanent or temporary thing.
“Consideration needs to be given to individual circumstances – what is the person’s self- discipline and motivation like; do they need supervision; have they enough skills and experience to organise themselves and do their job; will family interfere with their working time; are they generally reliable and able to manage their time?
“Homeworkers can sometimes feel isolated, which leads to a disconnect with the team and the company. Regular contact with co-workers and management is key, so set some rules about how frequently contact must be made and if the employee has to attend the workplace for any team meetings.”
Employers also need to decide what they will and won’t pay for. Does the employee have all the equipment they need to do the job well and safely and if not, will the employer invest in that new chair, desk or laptop?
Having a clear remote and homeworking policy is important
Will the employer contribute to telephone and internet bills or can the employee get a tax reduction for working from home?
Claire adds: “Health and safety is still important. Employers need to make sure their liability insurance covers home workers. A home working risk assessment needs to be done and any concerns addressed.
“It’s too tempting when working from home to stay in that comfy chair or to power on through and not take a break, but that is not a good habit to get into.
“Having a clear remote and homeworking policy is important so that everyone understands what is expected of them.”
Karen Credie, director at KMC Human Resources in Clitheroe, says while many bosses will have amended contracts, they may not have thought about bringing their internal documents – such as their employee handbooks – into line.
She says: “As well as other elements, a well written employee handbook serves as an extension of the organisation’s policies and procedures.
“By allowing employees access to clear and detailed information on company policies, handbooks provide a point of reference so employees know exactly what is required and expected of them.”
For instance, handbooks may need to be updated to reflect the increased risk in relation to data protection – in particular the management of confidential information while working from home and the transport of any sensitive documents between home and the workplace.
Businesses that did not previously have a policy in place regarding home working might now think about introducing one.
Karen says: “Companies may wish to review their existing policy regarding flexible work requests.”
Although the majority of employers will not make changes to their normal sickness absence policies in light of Covid-19, it may be more difficult for them to manage.
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