Working from home, the new normal? | Your obligations as an employer

This is the first blog in our series on homeworking, inspired by our director Emma’s interview with STV, where we look at the law on homeworking, challenges employers might face as a result, and its future in a post-covid-19 world. In this blog, we focus on the legal obligations employers owe home workers.

What is the current position in Scotland?

Last week, the Scottish government confirmed that working from home will remain the default position for staff in Scotland until at least August. This means that employers must ensure that they are continuing to comply with their legal obligations for homeworkers. So, what should employers be thinking about?

Do I need to document changes to my employees’ employment contracts?

If your employment contracts do not contain a requirement to work from home or where this is being expanded, asking employees to do so is effectively a variation of the employment contract and so it would be best to obtain their agreement.  This change can be documented by letter.

All other terms and condition of employment, such as pay and working hours should remain the same.

Though there is no legal obligation to implement a homeworking policy and incorporate it into your employee contracts, this may be a useful step and provide clarity for both employer and employee if you have not already done so.

ACAS has published an example homeworking policy which you can view here.

What about health and safety?

Employers owe health & safety obligations to their staff, whether working in the office or from home. This includes an obligation to take all steps reasonably necessary to safeguard employees’ physical and mental health. If you have not already done so, you must conduct a risk assessment of your employees’ work activities and take reasonable steps to prevent harm in the workplace.

Health circumstances and protected characteristics should be included as part of the risk assessment process. You must also make reasonable adjustments for homeworkers that fall within a protected characteristic. It is helpful to discuss this with your employees and ensure they are not put at a disadvantage.

If you are not able to carry out a full risk assessment as a result of the pandemic, you can ask employees to carry out a self-assessment of their workspace and equipment. A useful workstation checklist is available on the government website

There is also currently a service providing support regarding workplace risk assessments for small and medium businesses on a voluntary basis. You can contact them via businesssupport@scottishchambers.org.uk.

You can also find out more about protecting your homeworkers through the Health and Safety Executive’s website.

What about expenses?

You may have your own policy on expenses, but you should let staff know that they can claim tax relief on additional household expenses they’ve incurred as a result of homeworking whether that be for all or part of the week e.g. heating and lighting. From 6 April 2020 this is £6 per week and employees will receive their entitlement by an adjustment to their tax code.

How do I manage homeworking employees?

Different management styles may be required as it will be more difficult to manage staff who you no longer see on a daily basis. It is important to be clear about what is expected and to agree how performance will be measured and whether any remote learning or development will be provided.

Normal disciplinary and grievance procedures will continue to apply in the same way, and this should be made clear to those working from home. You may wish to implement specific rules setting out expectations for homeworkers e.g. prohibit staff from using working hours for home or family commitments so that work time is as productive as possible. Staff appraisals should also continue to take place.

Want to know more?

If you have any questions about the topics raised in this blog, please don’t hesitate to get in touch.

You should also look out for our next blog which will look at the potential challenges for employers which come with homeworking.