It is up to you as employer to decide where the work shall be performed. Most employers will provide basic equipment at least. We want some employees to work from home, but one is refusing. This usually means providing a phone and computer. Letting employees work from home reduces your overheads and frees up office space. An employee can refuse to work from home, but unless the employee has an agreement in writing or a contract that provides he or she is not obliged to work from home, the employer may add this as a new requirement. So be explicit with expenses. In order to gain these benefits, you need to make sure you meet certain legal requirements. They cover areas such as licensing, food safety, food labelling and waste. What they do have to ensure is if somebody is being allowed to work from home, they have adequate materials and desks and equipment that won't injure themselves. Campaign honours "trailblazing" female entrepreneurs, UK's self-employed community contracted by 5% in 2020, No-fee international payments for first-time users, Ready-to-use legal documents and templates, Project management software - 14-day free trial. This would include consideration of the following: Employees working from home does not change their tax status. You must then respond by arranging a meeting within 28 days to consider the request. The employee is responsible for resolving any home-related issues highlighted in the assessment. How long is it reasonable to give workers who have opted to work from home the opportunity to change their minds? They have the right to privacy. A Work from Home Policy may also be referred to as a Each employee can only make one request, in writing, in each 12-month period. This Work from Home Policy template can be tailored to your company’s needs and is designed as a starting point for establishing employment policies on working from home. A detrimental effect on the ability to meet customer demand. Home working can cause work-related stress and affect people’s mental health. As an employer, you are responsible for the health, safety and welfare of your employees. Also, include in the contract terms that allow you to provide them with any security equipment you deem necessary (shredders, CCTV, filing cabinets etc.). No fees for first-time users until 15 January 2021 (terms apply). A guide to business insurance for start ups, Risks that are endangering your business (and how to manage them), 250,000 small firms plan to close their doors. There are a number of factors to consider, as legal expert Julian Sampson explains. Check our Privacy Policy for details. However, HM Revenue & Customs decides this on a case-by-case basis, looking at a range of factors such as: If you control what the workers do, when they do it and how they do it, and if you carry the financial risks of the business, HMRC is likely to find that you employ them, whatever their employment contract (or lack of an employment contract) says about the matter. Otherwise no, unless you are willing to risk a claim for constructive dismissal. Read the Acas coronavirus guidance and find further information and guidance for employers and businesses on the GOV.UK website. In places like London where office space is at a premium, many businesses are opting for hot desking and getting rid of permanent desks altogether. Is your business ready? You can attract and retain critical skills and talent. Assuming that you have no grounds other than the reorganisation for the sacking, you will have to rely for your defence on 'some other substantial reason' - which means demonstrating the necessity of the change. To protect your business, your staff and your intellectual property, make sure your employee contracts set clear provisions for data security. Get our essential newsletters for small and growing businesses. However, include a provision that the employee can be required to attend the office. There is no legal obligation on you to keep the option open. Carry out a risk assessment of the data protection implications of homeworking. If we employ people to work from home on a freelance basis, are we likely to find ourselves paying their tax and NI? As well as how many hours they should work, specify when the employee will need to be available for work. Many homeowners choose to convert an existing room, such as a box room, loft room or garage into a habitable space. Under the 'fair piece rate' system, you may choose to pay the minimum wage for every hour worked, or bring in a 'rated output' system. It depends on how specific you have been in their existing contract. It includes a list of questions for organizational leaders to answer, and checklists for the equipment, tools, and technology employees need to be successful when working remotely. A revised statement of particulars should be issued within one month of the change in question. In certain circumstances, payments by employers to reimburse employees for reasonable costs incurred as a result of homeworking can be tax-exempt. As an employer, you are responsible for your staff, so changes in the place of work must be given due consideration.