Teleworking - A Potential Minefield for Employers

Teleworkers now make up six per cent of the UK workforce, and the number is increasing by†over ten per cent each year, due to the advantages to employers and employees. However this†opens up a range of potential pitfalls in the areas of employment law, facilities, health & safety,†intellectual property and taxation. In this advisory we consider each area in turn and outline†the key issues that employers of teleworkers need to review.

Employment Law

Employment contacts - Particular†aspects of a teleworker's contract may†need to be amended or specified,†including:

place of work and connected†establishment†

hours of work and contactability†

agreed responsibilities and duties

procedures for reporting†

treatment of expenses†

facilities†

procedure for return to office work

particular termination issues.

Flexible working - The Employment†Act 2002 introduced the right of†employed parents with children under†6, or disabled children under 18, to†request flexible working, and this†includes teleworking. Employers are†required to give proper consideration to†an employee's request, although there†are a number of business grounds on†which a request may be refused, such†as costs, inability to reorganise, quality†or performance, and existing plans.

Working Time Regulations 1998 -These†restrict teleworkers' flexibility to†manage the organisation of their†working time. Teleworkers must either†validly opt-out, or comply with the†provisions limiting total working hours†and breaks.

Stress - Long spells away from the†employer's workplace can be stressful†for some teleworkers, usually because†of the isolation that some may†experience. Therefore feedback is†important, and contingencies may be†required if employees find teleworking†unsuitable.

Facilities

Equipment - The division of†responsibility for equipment used by a†teleworker should be considered and†agreed prior to the commencement of†telework. Employers will usually be†responsible for providing and†maintaining the necessary equipment†The teleworker would be responsible†for its care and protection. Other†considerations will include whether†equipment may be used for non-employment†purposes.

Insurance - Both the equipment, and†the risks to teleworkers and others,†should normally be covered by†insurance. Again the division should be†agreed. Either the teleworker premises†should be added to the cover the†employer maintains, or business risks†should be added to the teleworker's†domestic policy. Many...