
With hybrid and flexible working increasingly common, a clear remote working policy is now essential for all UK employers.
Since the pandemic, remote working has become part of the normal working environment for many businesses. However, without a formal remote working policy, employers may face challenges such as unclear expectations, inconsistent treatment of staff or disputes about hours, performance and expenses. A policy provides clarity and consistency, ensuring both employer and employee understand their rights and obligations.
From a legal perspective, employers must also be mindful of health and safety duties, data protection obligations and the need to provide equal treatment to staff regardless of where they work. The government has recognised the growing importance of flexible working, with recent changes strengthening employees’ rights to request it.
A well-drafted remote working policy should cover practical, legal and cultural considerations. At a minimum, you should address:
These elements not only reduce ambiguity but also demonstrate that your business is taking a professional, compliant approach to remote work.
One of the most common concerns employers have about remote working is maintaining effective supervision. A remote working policy should set out expectations on communication. For example, employees may be required to attend weekly video calls, keep instant messaging tools active during working hours or provide regular updates by email.
It is also important to balance supervision with trust. Micromanagement can undermine morale, while clear guidelines and consistent management practices promote accountability. Employers should provide training for managers to ensure that staff working remotely are treated fairly and given the same opportunities for development as those in the office.
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Employers continue to have health and safety duties even when staff work remotely. This includes ensuring that employees have safe working conditions at home. Practical steps include:
Your remote working policy should make clear that employees have responsibilities too. They should take reasonable care of their health and safety, report concerns and follow any company guidance. Documenting these duties helps protect the business against potential liability.
Remote working arrangements must not disadvantage employees. For example, remote staff should have equal access to training, promotion opportunities and company communications. Employers should also consider the risk of indirect discrimination. For instance, limiting remote working may disproportionately affect employees with caring responsibilities potentially giving rise to discrimination claims.
A fair and inclusive remote working policy reduces these risks and reassures staff that the business is committed to equal treatment.
Data security is a major concern with remote working. Your policy should make clear how confidential information must be handled outside the office. This may include:
Failure to address these issues could expose the business to data breaches and potential fines under data protection law. A robust remote working policy safeguards against these risks.
While many employers have introduced some form of policy, common weaknesses include:
These pitfalls can leave businesses exposed to legal challenges and damage staff morale. Taking a careful and considered approach reduces these risks significantly.
Example 1: A marketing agency introduced a remote working policy requiring employees to be online between 9am and 5pm with daily check-ins. Staff knew what was expected and the business maintained productivity without micromanagement.
Example 2: A financial services firm failed to specify who would cover the costs of home office equipment. Disputes arose when staff claimed reimbursement for chairs and monitors. After revising the remote working policy, the business clarified responsibilities and reduced conflict.
Example 3: A tech company recognised the risk of isolation and built in regular social calls, online training and mental health support into its policy. This proactive approach improved retention and engagement among remote staff.
These examples demonstrate how a well-thought-out policy can prevent disputes and strengthen workplace culture.
Remote working is here to stay, and employers must adapt accordingly. A clear, well-drafted remote working policy is no longer optional is essential to protect your business and support your employees. At EBS Law, we provide tailored advice to help employers create policies that are compliant, practical, and suited to their industry.
Whether you are drafting your first remote working policy, reviewing an existing one or dealing with a dispute, we can provide expert support at every stage. Our team advises employers across the UK and has the practical experience to help you implement policies that work.
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If you are unsure how to create or update a remote working policy, or need wider employment law advice for employers, our team at EBS Law can help you stay legally compliant while protecting your business.
Contact John Bloor today for expert support at EBS Law. We’re here to ensure your business stays protected every step of the way. Call 01625 874400 or email enquiries@ebslaw.co.uk.