If we buy and install the equipment at a home worker's home, whose insurance covers it? This is known as ‘ making a statutory application ’. If we employ people to work from home on a freelance basis, are we likely to find ourselves paying their tax and NI? If you are considering setting up a home office, then it should be both functional and comfortable. who controls when and how the work is done, who carries the financial risk if the work is not up to standard, who provides and maintains items of equipment, to what extent do the workers work exclusively for you. With difficulty. How long is it reasonable to give workers who have opted to work from home the opportunity to change their minds? Yes. Make sure they have a password in place to limit access. ), Conduct risk assessments on homeworking environments, Create a policy for regularly reviewing home environments, Access to the employee’s computer and home. This sample policy should be modified according to your company’s specific values. But it only benefits your business to make sure your staff have the tools they need to do the job. You will certainly want to ensure that they can lock their work away when they are not working on it. As the Article 29 Working Party states: “Technologies that monitor communications can […] have a chilling effect on the fundamental rights of employees.”. To protect your business, your staff and your intellectual property, make sure your employee contracts set clear provisions for data security. Flexible working might include working for some or all of the time from home. Consider whether you need to include a licence to enter the employee’s home. Being able to work at home isn’t just handy for employees. Employers have no general right to require this. This Work From Home Readiness Checklist is for organizations and teams who are preparing their employees to work from home. Read the Acas coronavirus guidance and find further information and guidance for employers and businesses on the GOV.UK website. You should make sure they know that they are entitled to such breaks; after that you will have to rely on them. A right to enter will also allow you to carry out risk assessments for health and safety purposes. In certain circumstances, payments by employers to reimburse employees for reasonable costs incurred as a result of homeworking can be tax-exempt. There is no legal obligation on an employer to provide the equipment for homeworking. It is your responsibility to ensure that they do not breach the Working Time Regulations, and a recent case at the European Court of Justice has emphasized that this is a positive rather than a negative duty - ie you must ensure that your workers take rest breaks, and not just that they can if they want to. You could put an appropriate term in their contract of employment, expressly forbidding such activities. Major City bank BNY Mellon came under fire from employees recently after announcing that it was ending its work from home scheme. Is there a time limit on issuing a revised statement of particulars? Accept & Continue. Also, include in the contract terms that allow you to provide them with any security equipment you deem necessary (shredders, CCTV, filing cabinets etc.). Legal Advice for Hairdressers Working from Home Last updated December 4, 2018. Next Building Regulations; Advertisement. You cannot refuse, however, unless you can demonstrate one or more of the following eight clear business reasons for doing so: If you do refuse, you must give your reasons in writing, dating the letter and giving details of your appeals procedure. This gives you the flexibility to call them in when you need them. In certain circumstances, yes, particularly if the contract of employment permits you to change the employee's place of work and the power is exercised reasonably. People living in Britain could reportedly soon be given the legal right to work from home, as the government’s longterm plans for easing the lockdown begin to take shape. Alternatively, you may wish to agree with the employee that the 48-hour limit does not apply (although you may then have to keep more extensive records of working time, and ensure that no employee exceeds 65 hours a week). New IR35 tax rules are coming but are businesses ready? Keep in touch. To find out more, see our FAQs. This is a matter to be decided between you and the home worker: it could be either. Turning a room in your home into a mini-salon may sound like a great business idea – but it’s not as straightforward as it sounds. Are we responsible for data kept at a worker's home, or accessible on a home worker's computer? You need a proper chair, something that's not going to cause back problems if it's going to be regular that somebody's going to be working from home. 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