Many more businesses are allowing staff to work from home. This can save office space, costs and ensure retention of staff who perhaps with family responsibilities and find working from home easier. However there are legal issues to consider too.
Paul Seath, an Associate in our Employment Department, says: “Health and safety is an issue for staff even when they work in their own home and employers have a duty to ensure that the workplace is safe. The Health and Safety Executive has just published a report giving guidance on homeworking for employers and workers and a reminder that businesses have a responsibility for self-employed workers that they use. According to the HSE, the number of people working at home is increasing. Analysis of Labour Force Survey data from 1981 and 1998 shows that the numbers working mainly at home have doubled in that period, from 345,920 (1% of the employed workforce) in 1981, to 680,612 (2.5% of the employed workforce) in 1998. If a person working under the control and direction of a company is treated as self-employed for tax and national insurance purposes, they may still be treated as an employee for health and safety purposes.
Remember that staff who use computers at home need to be instructed in safe use of those computers to help avoid conditions such as repetitive strain injury and eye damage.”
For further information on legal issues arising from working from home including how you may need to cover issues in
employment contracts contact Paul Seath on (0117) 929 0451 or e-mail
pseath@metcalfes.co.uk
This press release summarises the law on issues which we believe may be of interest to your business. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published