Remote working is popular with employees for the flexibility it offers, but employers must balance it with their legal obligations and operational needs.
1. Health and safety
The Health and Safety at Work Act 1974 still applies, even when employees work from home. That means assessing whether their home working setup is safe, such as suitable seating, screen positioning and mental health risks. HR must make sure that risk assessments are carried out and wellbeing is regularly monitored.
2. A request for flexible working is a Day One right – but must be managed consistently by HR
Since April 2024, all employees can request flexible working from their first day of employment. Such requests can include a request to work from home for some, or all, of the time. Employers have two months to respond and must consult before refusing. There are 8 statutory grounds of refusal including detrimental impact on quality and detrimental impact on customers. At least one must be cited. HR must deal with increasing requests to work from home fairly and consistently.
3. Monitoring & GDPR – but don’t cross the line
Home working brings data privacy into sharper focus. Monitoring software must be necessary, proportionate, and transparent. HR needs to work with IT and legal teams to assess risks, complete impact assessments, and communicate clearly to staff.
4. Manage data security
Home networks and shared devices can create cybersecurity vulnerabilities. HR must lead on training, clear remote working policies, and ensuring employees understand expectations – including consequences for breaches.
5. Nurture workplace culture
Hybrid working can take a toll on workplace culture, collaboration, and fairness but employees see it as a norm. Employers and HR must bridge that gap – creating hybrid schedules, maintaining morale, and ensuring no team member feels left out.
Further reading
- Flexible working: Overview – GOV.UK
- Returning to office-based working? Legal risks for employers – Hunter Law
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