Posted By Eric Burt Emma I haven't got a legal definition, but I would have thought that a Homeworker is someone who is REQUIRED to work at home at the request of their employer, whereas working from home is where the employer ALLOWS the employee to work from home (for the convenience of either the employer or the employee). If the employer requires the employee to work from home, then the onus would be on the employer to provide the work equipment, make sure it is safe etc etc. Will be interested to see other replies..... Eric

Posted By Robert M Edwards This area is confusing and has caused a number of employer headaches in the past. It is likely to raise even more problems post the 6 4 03 as we offer flexible working to more of our employees. There is no legal definition of homeworker. That does not mean there is no law applicable. Full Health and Safety liability operates for those who do work as an employee at home. It really makes no odds whether this is from choice or an agreed option. In reality though the employee who takes paperwork home to do on the occasional basis is unlikely to cause much of a problem. The employee who is supplied with a PC, working a couple of days a week at home is going to need the full hit of risk assesments, homeworking policies detailing requirements as well as insurance cover extending to their address. After a comment on how pleasant this new web site was I received a bald thank you but... stop posting your details up as we think that is advertising. We help a number of businesses through legal problems as part of our consultancy, that is true, but we also assist many free of charge with the odd thorny issue that crop up just like any other member. Please email me with any queries or raise them on here to be ventilated. IWe have some PDF files that can help and loads of tips on setting up a good robust home working policy.

Posted By John Ridd Mmmm? Robert - You say "There is no legal definition of homeworker." - are you sure? I haven't bothered to look up the source, but I am pretty sure a homeworker is defined as 'someone who is EMPLOYED to work at home', and Adrian's posting would appear to support this view. That said, (and as I have commented in other threads) even if the person is not so contracted, I believe it would be prudent to consider, amongst other things, who is benefitting from working at home. If it is the employer, then all H&S duties applicable in the office environment should probably be considered for application (where appropriate) in the home; but where the worker is the main beneficiary the employer might consider reviewing the situation - since, to condone homeworking under those conditions might also be argued to require the employer to take on the H&S responsibilities.

Posted By Robert M Edwards Yes, there is no legal definition of 'homeworker' and I am sure about it! There is currently no statute definition of the term which does create legal debate. The current uk legislation is under review through the EU. Under the Employment Relations Act 1999, ministers were given the right to review the status of agency and homeworkers but this statute did not provide for a legal definition. However that is not to say there are no legal rights for a person working part or all of the time at home. Other writers have gone into detail on the Working Time Directive, but the Health and Safety 1992 ( Display Screen Regulations) Minimum Wage ACT Part Time Work Regulations etc all need to be considered, and I have published articles on the framework employers should use. Changes in the flexibility of work as from 6 4 03 are causing some further migration of employees into the home to work. These need to be dealt with as changes to the contractual terms of the employment contract, and provision made for the areas of law involved. Amendments to other policies is keeping us and HR departments up and down the country busy! As the issues of homeworking are in the main relating to Employment Law I am not in the least surprised the HSE found it an issue. There has been enough legal debate over the term employee and worker nevermind the term 'Home-worker'. I am putting together a PDF file for guidance which will deal with the major areas for consideration. I have had one request for it direct already and am happy to provide it free of course to anyone else. My email is attached to my name at the top of this posting. We have some wonderful arguments here over the debates raised on this forum, get 32 lawyers in one room and try to get an agreement!

Posted By Eric Burt See paragraph 26 of the DSE regs. for Assessment of risks to Homeworkers... "If a DSE User (ie an employee) is REQUIRED by his or her employer to work at home, whether or not the workstation is provided in whole or part by the employer, the risks must be assessed. An ergonomic checklist which the homeworker completes and submits to the employer for assessment is the most practicable means. Etc etc" I would use the rule of thumb .. what degree of CONTROL does the employer have? (In terms of other equipment, working space, heating, lighting etc in an employees home!) One good thing about working at home though - being smacked in the back of the head with a teddy ensures you take a regular break from the workstation!! Hmmmm - pass me that violence at work policy! Eric

Posted By Stuart Nagle Emma. It appears there is no distiction that I am aware of that defines when a person is a homeworker. If your employer accepts that you will work from home (in any given situation), then this would infer to me that he is enabling you to work from home. I would assume that under this or any other specific circumstance, and unless you are explicity advised that work from home may not be undertaken (i.e the employer states this is not possible because he has not done any risk assessments or met other requirements) Then you are 'Homeworking' and would be considered to be doing so at law. I am not aware of any test cases on this subject, but the reasonableness of this would be if you are working at home for your employer, and he has advised this is OK (given authority) then you are homeworking. As far as I know there is no criteria in respect of a minimum number of hours this should go on before becomming a homeworker, so I assume that as soon as you start the work, you are indeed 'Homeworking' !! ~~~~~~~~~~~~

Posted By Stuart Nagle John. Glad to see your such a macho...Lets get assertive kinda guy... I'm sure you'll go far. But as I recall the question raised was not about going gung-ho, but simply about working from home with approval of the employer.... quite calm, easy going when the train breaks down or similar... No doubt Emma does not wear those very wide bright red braces you are hoping for next Christmas... Stuart

Posted By Robert M Edwards This has certainly sparked a lively debate! I think the last two postings are an illustration of a real issue here. Stress at work and employers not being aware of the amount of work being done does need to be recognised in the flexible, home working options. Overloading staff and expecting them to work beyond 9-5 in their own social time causes many problems. The hurt felt by an employee who is not appeciated for the work they do and the effort made in their own time is a major cause of stress. I am doing a PDF file on Stress with links to stats from independant research and they can be ordered ( free of course!) by an email to me. All those who have written wanting homeworking PDF file will be sent it today. It is also available as a downloadable PDF on the web site. I am not allowed to post our web site here but those of you who read my email will have no problems in recognising the site url!