Remote work arrangements that hold up legally

Jun 11, 2020

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Remote work arrangements that hold up legally

Remote working arrived in most companies as an emergency measure, with no variation to any contract. Months later, the arrangement is de facto permanent and the paperwork still describes an office.

The contract should say where the work happens

Place of work is a contractual term. If it has changed in practice for an extended period without being varied in writing, the position becomes ambiguous — including on whether the employer can require a return.

Vary it explicitly. State whether the arrangement is permanent, hybrid or temporary, and if temporary, on what notice it ends. Ambiguity here is resolved against whoever drafted the contract.

Working time and availability

Home working blurs hours, and the obligations around working time do not disappear because the employee is at their kitchen table. Record what the expected hours are, when the employee is expected to be reachable, and how overtime is authorised.

An employee who is contactable at all hours because nobody defined the boundary is a wellbeing problem first and a liability second.

Health, safety and equipment

Employer duties do not stop at the office door. At minimum, provide guidance on workstation setup, ask the employee to confirm their arrangement is safe, and document that you did.

Decide and record who provides equipment, who owns it, what happens to it on termination, and whether costs such as connectivity are reimbursed.

Data, which is where the real exposure sits

Company data is now on home networks and personal devices. Confirm in writing what may be stored locally, require company-managed devices where the data is sensitive, and address printing and disposal of documents at home.

Do it once, properly

A short written variation covering place of work, hours, equipment and data handles nearly all of this. The alternative is discovering which term was never agreed at the moment somebody disputes it.

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