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Legal Considerations for Remote Working

Since the pandemic, remote working has become the norm for many businesses. But as hybrid and home-based arrangements continue, employers must understand the legal considerations for remote working to avoid risk and maintain compliance. At EBS Law, we work with business owners across the UK to ensure their remote working practices are both lawful and practical.

Legal considerations for remote working

What Are Your Legal Obligations When Staff Work Remotely?

Allowing employees to work from home doesn’t mean your legal responsibilities diminish. From health and safety to data security and working time, employers must ensure that remote working arrangements comply with UK employment law. These obligations apply regardless of whether the employee is full-time, part-time, or on a hybrid schedule.

Health and Safety in a Home Office Environment

Under the Health and Safety at Work Act 1974, you remain responsible for the welfare of your staff — even when they work from home. This includes ensuring:

  • Their home setup is ergonomically sound to prevent strain injuries.
  • They have the correct equipment and know how to use it safely.
  • Regular risk assessments are carried out and documented.

Encourage employees to complete a self-assessment and provide guidance on safe workstations and proper posture. If necessary, supply equipment like chairs, keyboards, or monitors to meet minimum standards.

Data Protection and Cybersecurity Risks

One of the most important legal considerations for remote working is data protection. Under the UK GDPR and Data Protection Act 2018, employers must implement appropriate measures to keep data secure. This includes:

  • Ensuring devices are password protected and encrypted.
  • Using secure VPNs or company portals for access to files.
  • Training employees on phishing, scams, and safe data handling.

If a data breach occurs and procedures were not in place, the business could be liable for fines or reputational damage. Review your data policies regularly and ensure remote staff follow them.

Remote Working and Employment Contracts

Employers should always formalise remote working arrangements in writing. That might be a formal variation to the employment contract or an addendum outlining expectations. This documentation should clearly define:

  • Location of work (e.g., home address or hybrid arrangement).
  • Working hours and any flexibility expectations.
  • Provision of equipment and reimbursement for homeworking costs.

Without a written agreement, misunderstandings around hours, expenses, and responsibilities can arise — and that often leads to legal disputes.

Managing Performance and Monitoring – Legal Considerations for Remote Working

Many employers ask whether they can monitor remote workers. The answer is yes — but it must be done lawfully. If you track productivity, internet usage, or time spent online, you must:

  • Inform staff that monitoring is taking place.
  • Explain what data is collected and why.
  • Respect employees’ privacy under the Human Rights Act and GDPR.

Consider updating your employee handbook and privacy notice to reflect remote monitoring policies.

Right to Request Flexible Working

Employees with 26 weeks’ service (reducing to day one from July 2024) have a statutory right to request flexible working, including remote arrangements. As an employer, you are legally required to:

  • Deal with the request in a reasonable manner.
  • Provide a decision within two months (from July 2024).
  • Only reject a request for valid business reasons set out in law.

Even if you’re not offering permanent homeworking, be prepared to consider individual requests — and document the process properly.

Tax, Expenses, and Allowances

HMRC allows some tax relief for employees working from home, but employers must be careful when reimbursing costs. Paying a homeworking allowance may trigger tax and National Insurance contributions unless it qualifies under HMRC’s rules. Always seek advice before making such payments.

 

If you would like free advice, John Bloor and the team are here to help. Call John today on 01625 874400 or email enquiries@ebslaw.co.uk.

 

How EBS Law Can Help You Stay Compliant with Legal Considerations for Remote Working

Whether you’re introducing a remote working policy, updating contracts, or handling a flexible working request, it’s vital to get it right. At EBS Law, we support UK employers by providing:

  • Tailored employment contract reviews and updates.
  • Advice on remote monitoring and performance management.
  • Help with flexible working requests and legal obligations.

We also advise on wider HR and employment issues, including disciplinary procedures, redundancies, and restructures.

External Guidance on Remote Working Laws

For further information, see the ACAS advice on working from home, which covers legal rights and employer responsibilities.

Final Thoughts on Legal Considerations for Remote Working

The shift to remote work isn’t going away — and neither are your legal duties as an employer. By understanding the legal considerations for remote working, you can protect your business and your employees, while offering the flexibility modern staff increasingly expect.

From contracts to data protection and flexible working rights, getting expert guidance makes all the difference.

 

Contact John Bloor today for expert support at EBS Law on 01625 874400 or email enquiries@ebslaw.co.uk.

 

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