What pieces of legislation apply to remote workers

Posted 1 month ago

Managing remote workers during a lockdown

There are many pieces of legislation related to remote working and flexible working that cover your responsibilities as an employer regarding areas like remote working requests, Health and Safety, GDPR and more. We’re here to put it all in one place for you so you’re aware of up-to-date legislation and what needs to be considered for your staff.

Employment Rights Act 1996 (ERA 1996)

The ERA 1996 includes the statutory right to request flexible working, including the right to request to work from home, although employers can refuse based on specific reasons. This Act outlines the formal requests employees can make with a timeframe for employers to respond. Here are some key points to take note of:

Employees with at least 26 weeks’ service have the right to request flexible working.
The formal request should specify the desired flexible working pattern (e.g., remote work days or compressed hours).
Employers must consider the request seriously and give a clear and written response within the timeframe.
If a request is denied, employers must provide clear and specific business reasons for the rejection.

The Equality Act 2010

The Equality Act 2010 states that employees with at least 26 weeks service have the right to request flexible working.

The formal request should set out the flexible working pattern that the employee would like (e.g., remote work days or compressed hours).

Employers must consider the request seriously and give a clear and written response. If you’re to deny the request, you must provide clear and specific business reasons for the rejection.

Health and Safety at Work Act 1974 (HASAWA 1974)

The HASAWA 1974 applies to all workplaces, including remote work environments. You have a duty to ensure the health, safety, and welfare of their employees while working. This includes conducting risk assessments for remote workspaces to identify potential hazards like Musculoskeletal Disorders (MSDs) and eye strain.

See our blog that highlights some of the most common remote working hazards. Here are your main responsibilities for remote workers under the HASAWA.

Conduct risk assessments for remote workspaces
Provide guidance on setting up safe and healthy remote workspaces

Working Time Regulations 1999 (WTR 1999)

The WTR 1999 outlines maximum working hours, rest breaks, and holiday entitlements for employees, that apply to those working from home too. It’s down to you to make sure they’re following these regulations by taking breaks.

Employment Relations (Flexible Working) Act 2023

Having come into effect in April 2024, the Employment Relations (Flexible Working) Act 2023 provides employees more rights regarding flexible working. The main points are:

Employees can submit two formal requests for flexible working per year
You as an employer must provide a formal response within two months
Employees no longer need to provide their employers with a specific reason for requesting flexible working

The Regulatory Reform (Fire Safety) Order 2005

The Regulatory Reform (Fire Safety) Order 2005 applies to all non-domestic premises in England and Wales, including remote workspaces if they are used by employees for work purposes. Here’s what you should do:

Staff should be trained in fire awareness/fire safety

The Health and Safety (Display Screen Equipment) Regulations 1992

The Health and Safety (Display Screen Equipment) Regulations 1992 relates to work involving display screen equipment (DSE), which could be computers, laptops, tablets, or smartphones. Essentially, the regulations aim to reduce health risks that come with using DSE for too long. This applies to those working in an office as well as those working from home.

Employers must provide risk assessments
Employers should train staff using DSE
Employers must provide employees with information about the health and safety rules relating to their workstations.

Check out our online DSE assessment tool, or our DSE & workstation checklist for staff.

The General Data Protection Regulation (GDPR)

The GDPR is a regulation in EU law on data protection and privacy in the European Union (EU) and the European Economic Area (EEA) countries. While the UK has left the EU, it has implemented a similar data protection law called the UK GDPR. Here are some considerations for complying with GDPR.

Implement appropriate data security measures
Ensure remote workers understand their responsibilities regarding data security and confidentiality
Provide GDPR training on data handling procedures and Cybersecurity Awareness

Train your staff in remote working with iHasco

Here at iHasco, we offer a range of accredited online training courses that have been built to help keep staff safe, happy, and productive whilst working remotely. Some of our most popular courses include:

We’re already helping thousands of organisations just like yours, and we’d like to help you too. Why not check out our range of courses for the care sector today by claiming your free, no-obligation trial? Alternatively, you can request a bespoke quote and we’ll be in touch to discuss your unique training requirements.