Remote Working Clauses in Employment Contracts

Remote and hybrid working arrangements should be clearly documented to avoid disputes.

Types of Remote Working Arrangements

Fully Remote

"Your normal place of work is your home address. You are not required to attend a Company office on a regular basis but may be required to attend for meetings, training, or other business needs with reasonable notice."

Hybrid Working

"Your normal place of work is a combination of the Company office and your home. You are expected to work from the office for a minimum of [2-3] days per week, with the specific days to be agreed with your manager."

Office-Based with Remote Flexibility

"Your normal place of work is the Company's office at [address]. Subject to business needs and manager approval, you may occasionally work from home."

Key Clauses to Include

Place of Work

Specify clearly:

"Your primary place of work is [home address / office address / combination]. The Company reserves the right to require your attendance at its premises or other locations as reasonably required for business purposes."

Equipment and Expenses

"The Company will provide:

• Laptop computer
• Mobile phone (if required)
• Reasonable reimbursement for home office setup

The employee is responsible for:

• Suitable workspace
• Reliable internet connection
• Appropriate furniture"

Health and Safety

"You must:

• Complete a home workstation assessment
• Report any health and safety concerns
• Maintain a safe working environment
• Allow Company access for safety inspections if required"

Data Security

"When working remotely, you must:

• Use only Company-approved devices and software
• Secure your workspace from unauthorized access
• Follow the Company's data protection policies
• Use VPN when accessing company systems
• Not print confidential documents at home unless necessary"

Working Hours

"Your working hours remain as stated in your contract. You must be available during core hours [10am-4pm] and contactable via [email/Teams/phone]."

Performance Management

"Performance will be measured by output and achievement of objectives rather than presence. Regular check-ins will be scheduled with your manager."

Expenses and Tax

Tax-Free Home Working Allowance

Employers can pay up to £6 per week tax-free to cover additional household costs (heating, electricity, etc.) without requiring receipts.

For higher amounts, employees must provide evidence of additional costs.

Equipment Provided

Equipment provided for work is generally not a taxable benefit if:

• Used mainly for work
• Any private use is insignificant
• Provided to enable duties to be performed

Health and Safety Obligations

Employers must:

1. Assess risks - including home workstation setup
2. Provide equipment - or allowances for suitable furniture
3. Train employees - on safe working practices
4. Monitor wellbeing - watch for isolation, overworking
5. Maintain communication - regular contact and support

Display Screen Equipment

DSE regulations apply to home workers:

• Workstation assessment required
• Suitable equipment must be provided
• Eye tests must be offered

Right to Request Remote Working

Since April 2024:

• Employees can request flexible working from day one
• Up to 2 requests per year
• Employer must respond within 2 months
• Can only refuse for specified business reasons

Terminating Remote Working Arrangements

If Contractual

Changing from contracted remote working requires:

• Employee consent, or
• Contract variation procedures
• May constitute constructive dismissal if imposed

If Discretionary

"Remote working is provided at the Company's discretion and may be withdrawn or varied with [reasonable notice]. This does not form a contractual right."

International Remote Working

If employees want to work abroad:

• Tax implications - may create tax obligations in other countries
• Social security - different rules may apply
• Employment law - may become subject to local laws
• Right to work - must have authorization for the country
• Data protection - GDPR implications for data transfers

Most employers restrict overseas working to short periods or specific approved countries.