Remote workers - your legal responsibilities as an employer
Working from home on a hybrid or full-time basis has become the norm for many people over the past few years. As an employer, you have the same legal responsibilities toward remote workers as those who are based in the traditional workplace.
Equipment and risk assessments
By law, employers must ensure that all employees, including remote workers, have the appropriate equipment, technology, and information to carry out their duties effectively.
Unless an employee uses their own belongings, this may include a laptop or computer, software, a mobile phone, an office chair and desk, and high-speed internet connection.
Employers are also required to conduct a risk assessment of their employee’s home-working environment to ensure that it is safe, healthy, and comfortable.
This can be carried out in a number of ways, including via video call, by requesting photos, or asking remote workers to complete a home-working questionnaire.
It is important to provide employees with information on how to work safely at home. Risk assessments should also be reviewed on a regular basis, to ensure that the employee’s working environment remains healthy and safe.
Mental and physical health
Aside from being a legal requirement, paying attention to your remote workers’ mental and physical health is good for business. Happy and healthy employees who feel valued and supported are generally more focused, productive, and loyal.
As an employer, you should encourage all employees to look after their well-being, provide support, and make reasonable adjustments where necessary.
It is important to consult employees on what help, if any, they may require when working from home. This might include:
- providing certain equipment (e.g. an appropriate desk and chair)
- agreeing regular contact to minimise the risk of stress and feelings of loneliness
- ensuring workers take their rest breaks
- encouraging employees to partake in regular exercise, adopt heathy eating habits, and maintain a good work-life balance
- providing information on mental health support
- encouraging remote workers to take sick leave when they are not well enough to work
Working from home does have its perks, but remote workers can easily feel isolated and left out, particularly those who work from home on a full-time basis.
To avoid such situations, employers must ensure that all staff feel supported and are aware of what is expected of them. It is important that they know how to report IT or equipment-related issues, as well as having an appropriate point of contact to discuss any problems they may be facing.
Bullying and harassment
Workplace bullying and harassment doesn’t just happen in the office. It can also affect remote workers - for example, through emails, phone calls, or social media.
Bullying and harassment at work (or in work-related situations) takes many forms, such as:
- spreading rumours
- revealing personal information
- deliberately excluding an employee from meetings or team social events
- posting offensive, threatening, or humiliating images or comments on social media
- undermining or humiliating someone in meetings
- deliberately giving one employee a heavier workload than everyone else
- constantly undermining another worker's authority
- sexual harassment
Employers should have bullying or disciplinary policies that set out clear guidance on the types of actions and behaviours that are unacceptable, and how to report any incidents. This information should be made available to all employees.
Domestic violence and abuse
Depending on the size of your organisation, there is a statistical probability that at least one employee is affected by domestic violence or abuse.
Whilst there is no specific domestic abuse legislation that gives rise to obligations on employers, you do have a legal duty to take reasonable care of your workers’ health and safety.
As an employer, you should be alert to signs of domestic abuse, respond appropriately, provide support, and keep a record of any incidents at work and/or reports of domestic abuse by employees.
Ideally, you should have a domestic abuse policy, which all workers should be made aware of and have access to. The Chartered Institute of Personnel and Development (CIPD) provides detailed guidance on managing and supporting employees experiencing domestic abuse.
Treat all staff fairly and equally
It is illegal for employers to disadvantage remote workers or those who work from home on a hybrid basis. All staff must be treated fairly and equally.
This means that every employee must have access to the same support and opportunities, regardless of where they carry out their work.
Employers must ensure that all workers receive the same information and can participate in work-related meetings and activities.
Remote workers should not be given better or worse jobs due to where they work, and they must not miss out on training and development opportunities or promotions.
Check insurance cover
Employers should make sure that their business insurance policies, including employers' liability insurance and professional indemnity, cover remote workers.
Employees who work from home should also check their own home insurance policies and mortgage or rental agreements.
Thanks for reading
If you are an employer, you are legally responsible for the health, safety, and well-being of all of your employees, including remote workers. Out of sight does not mean out of mind.
It may be worthwhile creating a working from home policy, setting out clear guidance and information on what is expected and what help and support is available to the worker.
For more business-related guidance and advice, visit Quality Company Formations’ Blog today.
