I am aware that there is a separate question being discussed on the forum as I type this but I would like the answers to two questions specifically please: 1) What is the definition of a home worker in terms of time spent working from home i.e. is someone who works from home once a week classified as a home worker (their own request and agreed by management)? 2) For home workers does an employer have to provide an adjustable chair or would it be sufficient if the employee who was requesting that they work from home that the employer ensures they already have their own adjustable chair at home before permitting them to work? Many thanks

Thanks for your reply Sean I understand what you are saying but the reason for my specific question as that in a previous job working for a local government organisation, employees could work from home if they so wished (however office bases were still provided and available) and a risk assessment was undertaken. However it was classified as 'agile working' as they had a choice and therefore the employer did not provide a desk or an operator's chair. In my current job I just want to make sure we are complying with the law but not going to unnecessary additional expense.

Sean; What "right" has my employer to enter my home?

Ron I fully understand why you have asked that question, but basically it is their workstation in your house, they have the right to ensure it is compliant, and that you are working satisfactory to their requirements. Plus the workstation and place of work has to be risk assessed. My employer would not just turn up, however if they give you notice that they are going to visit to ensure everything is ok, then as part of the agreement you have to give them access. Obviously if you refuse then the agreement is broken and they can ask you to attend work as normal.

Would the employer be responsible for carrying out pat testing of computers etc? Presumably this would only be done on items being used 'for work' or would they need to do a premises check to ensure it is safe?

I can only go on the circumstances my employer lays down before any agreement is made with the employee. I do fully understand all your concerns, but as stated earlier the employer still has a duty of care for the employee at work or working from home. My employer even insists that the work area used is sufficient so you cannot be disturbed whilst working, I children interrupting etc... As I say these are my employers requirements.

I fear that homeworking is one of those areas where we can very easily stray in to over-zealousness and disproportionate attention to trivial risks that then become highlighted by our detractors. Do computers need to be PATed? What additional risks are created by occasional working at home over and above those created by living at home? The greatest risk in my home office is tripping over the cat, followed closely by walking in to the edge of the door and high blood pressure caused by cold-callers both at the door and phone. For any employee who is required to permanently and full time work from home then a work environment check is appropriate with provision of adequate equipment and maintenance as necessary. However, the one day a week homeworker should need little employer intervention in my opinion, provided the work is office type. Of course, outworkers are a whole different subject but I suspect this aspect was outside the scope and intention of the original post.

We take a "sensible" approach. We have two categories of home workers. It is office type activity, using a computer. The first category is that when home working forms a part of the employment contract. We carry out a thorough home working risk assessment (adapted from the excellent IOSH guidance on teleworking). We also provide a workstation. We reserve the right to undertake an check of the premises, although in most cases, photographic/video proof from the homeworker suffices. We train them to do a self-assessment for the DSE work-station. They typically work more than 90% of the time from home except when attending team meetings etc on the site. The second category are those who have permission to work from home from their line managers primarily for the benefit of the employee. For this category, we do not undertake the same level of risk assessment as the previous category. They typically work from home once day a week on an average. We provide them with guidance on setting up their workstations and other matters. Most will have he company laptops, a few could be using their own PC's, but working via a secure network using their Internet broadband connection. My view is that there is no need for OTT checks and controls in this category As a background, we have an effective employee and health and safety consultative bodies (not unionised). We have an excellent organisational and safety culture.

Jay I think that you have adopted a sensible and proportionate approach much along the lines of what we have. In answer to the 2 questions: 1. I couldn't find a definition, but again you need to adopt a sensible and proportionate approach - otherwise you could disappear up your own .............. 2. If there is already a suitable chair and other equipment that is fine. It does NOT have to be provided by the employer, in practical terms that would in many cases be an absolute nonsense. There is http://www.hse.gov.uk/pubns/indg226.pdf although not IMO particularly helpful and other resources on the HSE website There is no legal RIGHT of entry

Phil, for the record i never said the employer had a LEGAL right to enter the employee's house, i actually said that it was part of the agreement that the employer could visit the house. once the employee agreed to the arrangement then the employer had the right (not legal) to visit the premises. And why do you not think that advice from the HSE isnt much good? because you dont agree with it??