Employee rights and employer liability for work-from-home arrangements
While lockdowns, face masks, and social distancing may now feel like distant memories, one aspect of the COVID-19 pandemic has endured: working from home.
Many employees have become accustomed to the comfort and convenience of working remotely, and some now consider it a right. With employers adopting a variety of approaches to work arrangements, disputes over flexible and remote working have become increasingly common.
So, what rights do employees actually have when it comes to working from home, and what steps should employers take to minimise risk and avoid legal claims?
The starting point is always the employment agreement.
It is a legal requirement for an employment agreement to specify the employee’s place of work. Typically, this will be the employer’s premises, with the employer often retaining some discretion to change the work location within reason or to require travel as necessary for the role.
Occasionally, an employment agreement may expressly allow an employee to work from home — either in part or in full. In such cases, the employee has a contractual right to work remotely, which can only be amended by mutual agreement. If the agreement is silent, then the employee’s right to work from home will be dependent on other arrangements and factors.
Many employers have written policies covering working from home...
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