Employment law outlook

Citation

Pitt, M. (2006), "Employment law outlook", Human Resource Management International Digest, Vol. 14 No. 6. https://doi.org/10.1108/hrmid.2006.04414fab.001

Employment law outlook

Mike Pitt, an employment-law partner at UK solicitor Pearson Hinchliffe, examines the key issues for employers and employees involved in working from home.

Rush-hour traffic on the M60 or on any of the roads leading to the town centre may not seem to reflect it, but more and more people are working from home.

More than 2 million people now work mainly from home in Britain. Ailing transport systems, the high costs of office space, the quest for better work-life balance and a better chance of attracting and retaining good employees are all reasons for employers and employees to embrace flexible working. Moreover, surveys show increased productivity among people who work from home.

Both employers and teleworkers must agree on how they will regulate the work that they do, in order to ensure that the arrangements work properly. The Department of Trade and Industry has launched a document, agreed by the Confederation of British Industry, the Trades Union Congress and local-authority employers, giving advice on the practical issues.

An employee cannot be compelled to telework, unless this is provided for in his or her contract. If telework is not part of the initial job description, the decision to pass to telework can usually be reversed by the individual or by collective agreement.

Teleworkers benefit from the same rights as comparable workers at the employer’s premises. However, special agreements may be needed on, for example, working hours, expenses and equipment provision, because of the peculiarities of telework.

Staff who use their homes for working have a right to privacy out-of-hours, and to be able to separate their working and home lives. Times when they can or cannot be contacted on work issues should be agreed. If any kind of monitoring system is put in place, it should be proportionate to the objective and made known to the teleworker.

The teleworker’s workload and performance standards should be equivalent to those of comparable workers at the employer’s premises. Teleworkers should have the same access to training and career-development opportunities, and the same collective rights, as other workers.

The employer is responsible for providing, installing and maintaining any equipment necessary – unless teleworkers use their own equipment – and for providing appropriate technical support. Teleworkers should be compensated for any costs directly caused by the work.

The occupational health and safety of teleworkers and others who may be affected – such as family members and visitors – is also the employer’s responsibility. Employers must carry out a risk assessment at the worker’s home.

The employer must inform the teleworker of all company rules on data protection, and the teleworker must comply with them.

Mike PittAn employment-law partner at UK solicitor Pearson Hinchliffe.