With flexible working arrangements becoming increasingly common post-Covid, employers should continue to be alive to the consequences of these arrangements and consider what steps they should take to address these implications.
The pros and cons of working from home have been well documented. Working from home can enable flexibility and freedom in how employees work, potentially increase productivity and provide business continuity during crises. However, working from home can also introduce unique risks and implications, in terms of health and safety, mental well-being, and privacy and data protection.
Who is responsible for health and safety for employees working from home?
Under the Health and Safety at Work Act 2015 (HSWA), employers have a general duty to ensure the health and safety of all workers, so far as reasonably practicable, while those workers are carrying out work. This captures employees who are working from home, and means that health and safety obligations are still owed to employees, even where those employees are working remotely.
What is “reasonably practicable” is context specific. When making this assessment, the hazard, the likelihood of harm, and any potential consequences of that harm should be considered. Where there is a high likelihood of harm and potentially significant consequences of that harm, the employer is expected to take greater steps to eliminate or minimise the risk of that harm occurring.
Employees also have a duty under HSWA to...
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