Working from home Planning Permission. Of the acceptable reasons for dismissal (conduct, capability or qualifications, illegality, redundancy, or 'some other substantial reason'), most are inappropriate if you wish to continue to use these people on a self-employed basis. You should also include a provision that homeworking is subject to change if the employee moves house. Most employers will provide basic equipment at least. This includes changes to employment contracts, setting policies for health and safety, data security, tax, public liability … Turning a room in your home into a mini-salon may sound like a great business idea – but it’s not as straightforward as it sounds. Outsourcing work: unnecessary or a good idea? They cover areas such as licensing, food safety, food labelling and waste. Whether you see working from home as efficient and productive or regard it as an excuse to watch daytime TV, there’s no denying it’s becoming increasingly popular. If it does not, you could be liable for a basic award of up to £16,140, and a compensatory award of up to £88,519. Some organisations do; some don't. Registered company number: 02784650 Favourite answer. Otherwise no, unless you are willing to risk a claim for constructive dismissal. If a link has a * this means it is an affiliate link. How are we supposed to calculate whether they are paid the minimum wage? If you cannot offer them the option to come back to work, they may decide to work elsewhere. Also, include in the contract terms that allow you to provide them with any security equipment you deem necessary (shredders, CCTV, filing cabinets etc.). A set trial period and review baked into the contract will give both parties an opportunity to be flexible about homeworking. You might be able to reach an acceptable compromise by offering a 'hot-desking' arrangement, or providing for the employee to come into work for two to three days a week. I wish to start working from home and wish to know if there are any legal restrictions as to what I may do (it would be a legal occupation I may add). What protection do we have against home workers using their time and our equipment to work for other people? We want some employees to work from home, but one is refusing. Think long and hard, and take good legal advice before you make it. The legal employment status of home workers is defined by the following tests of whether they are a ‘worker’ or ‘employee’: • Mutuality of obligation – is the person legally obliged to carry out some work in return for some payment (contract) If you have used the opportunity provided by home working to scale down your premises, the law accepts that the change may have to be permanent. Under the 'fair piece rate' system, you may choose to pay the minimum wage for every hour worked, or bring in a 'rated output' system. In places like London where office space is at a premium, many businesses are opting for hot desking and getting rid of permanent desks altogether. Dr Price said both employees and employers may discover surprising benefits to working from home. This sample policy should be modified according to your company’s specific values. To protect your staff and your business, you need to outline: If the employee will be working from home, the normal place of work will be the employee’s home. Letting employees work from home reduces your overheads and frees up office space. There are a number of factors to consider, as legal expert Julian Sampson explains. Can we sack them? As an employer, you are responsible for your staff, so changes in the place of work must be given due consideration. People living in Britain could reportedly soon be given the legal right to work from home, as the government’s longterm plans for easing the lockdown begin to take shape. 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