Coronavirus (COVID-19) – Staff working from home

By Farleys Solicitors LLP

25 Mar 2020

sally-eastwood.jpg

The UK government is now focusing on delaying the spread of coronavirus. Businesses are considering the possibility of asking staff to work from home, where possible.

Many employers are already trialling home-working for office-based staff before any potential quarantine. This lets them test home working in a controlled way, before having to do it for real.

There are a number of things to consider when making arrangements for staff to work from home where their job role permits this.

Employers should consider whether they can request an employee to work from home. You should check to see whether there is a mobility clause in the contract of employment which will usually say that the employee will be required to work within a reasonable distance which is likely to amount to a contractual right to request that an employee works from home.

A mobility clause is, of course, subject to a reasonable test but it seems likely that the home address will be deemed reasonable. Even if there is not a mobility clause in the contract of employment, it seems likely that such a request by an employer will be deemed reasonable particularly given the current climate.

Matters for employers to consider when implementing home working are as follows:

Providing equipment – Some staff may have their own computer, laptop and phone that may be able to be utilised in an emergency situation. Employers should consider supplying computers, laptops, printers and phones to facilitate working from home efficiently. If a member of staff does not wish to use their own equipment for work purposes, an employer is likely to say that this is a reasonable request in the circumstances. If the request is refused, an employer may need to deal with this as a disciplinary matter and perhaps issue a written warning depending on the facts of the case. Employers will need to consider how best to manage the risks associated with confidential information and data protection when staff are working from home. Health and safety – An employer has a duty to ensure that they are providing a safe place to work. This can be easily addressed by asking the employee to check their home address is a safe place to work. The majority will say yes and health and safety will not be an issue. In the unlikely event they say no, you should ask why and consider paying for any small adaptions, if necessary. Costs for services – Employers will need to consider making a payment towards costs of phone, gas, electric, internet and other utility costs. Most phones have fixed sums per month with no additional costs incurred. It is worth bearing in mind that many employees will have substantial savings on commuting costs as they won’t be paying for petrol or train tickets so some agreement could be made to take account of this. Monitoring staff to make sure the work is done – It is obviously more difficult to monitor staff working from home. For the 2, 3, 4 months of any emergency situation arising from the Coronavirus, most employers would rather have staff working at home doing something rather than doing nothing at all. The majority of staff are going to be grateful for their ability to work from home and will been keen to work as hard as they can to help the business keep going in difficult trading conditions. They may be mindful of others facing redundancy or on a zero hours contract without the ability to work from home. Hopefully, most staff will do the best job they can from home to help avoid the risk of future redundancies. It is in everybody’s best interests to be as flexible as possible. Home working policy – Employers should consider implementing a home working policy. This should deal with how to set up home working, health and safety, confidentiality and data protection, accessing home to carry out checks, install equipment etc.

If you require any advice on home working, lay off, redundancies or any other employment matters, please contact Farleys’ employment team by visiting www.farleys.com/contact-us.

Latest news

1

Burnley Business Awards honours borough's best

Burnley Business Awards honours borough's best

08 Jul 2024

2

Chorley Group launches three new dealerships Chorley Group Peugeot

Chorley Group launches three new dealerships

05 Jul 2024

3

We're in the final! BIBAS-2024-Finalist-Image.jpg.jpg

We're in the final!

08 Jul 2024

4

The alarming cost of unhappy employees article placeholder listing image

The alarming cost of unhappy employees

08 Jul 2024

5

Be scam aware and keep your assets secure Scam alert.jpg.jpg

Be scam aware and keep your assets secure

08 Jul 2024

Lbv116 Ltb Strip980
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
Lancashire Built Environment Conference
BEC 315 X 315 Px
Networking
25 Sep 2024

Lancashire Built Environment Conference

Conference and Exhibition Centre, Winter Gardens Blackpool, FY1 1HL

08:30 - 13:00

RISE - The Academy for Female Leaders and Managers
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
11 Jun 2024 - 04 Dec 2024

RISE - The Academy for Female Leaders and Managers

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:00 - 16:30

Bold Moves LIVE - Raising the Bar
BV Online Course Title pages (1).jpg.jpg
LBV Hub Seminars
10 Jul 2024

Bold Moves LIVE - Raising the Bar

Oswaldtwistle Mills Business & Conference Centre, Oswaldtwistle, Accrington, BB5 0EY

09:30 - 16:00

Chamber Summer BBQ
Chamber Logo1.png.png
LBV Hub Social
11 Jul 2024

Chamber Summer BBQ

The Borough, Lancaster, LA1 1PP

17:30 - 20:00

Ribble Valley Professional network
Ribble Valley Professional Network.png.png
LBV Hub Networking
11 Jul 2024

Ribble Valley Professional network

Pendle Sculpture Trail, Pendle, BB12 9JX

16:00 - 19:00

LBV117 Magazine Launch Event
DSC9389
Networking
16 Jul 2024

LBV117 Magazine Launch Event

Blackburn Rovers Football Club, Blackburn, BB12 9EE

16:00 - 18:00

A Freelancers Introduction to Co-ops with John Atherton
Screenshot 2024-06-13 at 13.59.57.png.png
LBV Hub Seminars
17 Jul 2024 - 17 Jul 2024

A Freelancers Introduction to Co-ops with John Atherton

Society1 Coworking Space, Preston, PR1 3LT

14:00 - 16:00

Lancashire Economic Breakfast
LBV Hub Seminars
18 Jul 2024

Lancashire Economic Breakfast

The Mill, St Catherine's Park, Preston, Lancashire

07:15 - 09:00

The Business Network Central & East Lancashire
LBV Header (10).png.png
LBV Hub Networking
18 Jul 2024 - 18 Jul 2024

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Conversations in Creativity - Creative Networking Event
Untitled design-4.png.png
LBV Hub Networking
18 Jul 2024

Conversations in Creativity - Creative Networking Event

Society1 Coworking Space, Preston, PR1 3LT

17:30 - 19:30

Preston Freelancer MeetUp and Coworking Day
Screenshot 2024-06-13 at 13.55.10.png.png
LBV Hub Networking
30 Jul 2024

Preston Freelancer MeetUp and Coworking Day

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Scaling your revenue: From zero to £1m in 60 months
CBP-logo LBV.png.png
LBV Hub Webinar
31 Jul 2024

Scaling your revenue: From zero to £1m in 60 months

Online, Online, Online

08:00 - 09:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV116 Online Graphic
Subscribe now

Weekly news bulletin