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When does 'working from home' become homeworking
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Posted By Emma Cundiff
Here's an interesting one (one that's baffled the HSE). Suppose you have a defined workstation at work and your employer expects you to work from that base, your employer doesn't mind that on a occassions you work from home because it will make life easier eg when train break downs prevent you from getting into work or you have a meeting to go to in the opposite direction of your normal place of work and travelling betwwen the two would be a waste of working time.
In terms of homeworking are you a home worker?
How far does an employer have to go to ensure your H&S at home in these situations? How has your employer tackled this problem?
Any help would be gratefully received
Emma
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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
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Posted By Keith Jackson
I'm surprised the HSE are baffled. Surely the key issue is when are you at work. Many people work at home for their own convenience taking work home in the evening etc. If it is payed work which you are contracted to do at home by an employer then the HASAWA kicks in. The question may be to what extent. Informal arrangements to work at home on occasions are ok providing both parties are in agreement. The employer should be aware of the fact that if you are at work then the statory requirements could be applied. It would be interesting to know if the HSE agree with this.
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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.
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Posted By Adrian Watson
Dear Emma,
What does the person do? If the person is a 'home worker' or an 'out worker'?
A ‘Home worker’ is an individual who contracts with a person, for the purposes of that person’s business, for the execution of work to be done in a place not under the control or management of that person. (National Minimum Wages Act 1998.)
An outworker is a person is a person directly employed by the occupier of every factory, or a contractor employed by him in the business of the factory, either as workmen or as contractors, in the business of the factory, outside the factory, and of the places where they are employed. Outwork is controlled by the Factory Act 1961.
Regards Adrian Watson
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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.
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Posted By Andy Petrie
I would say that if you are working from home, then the employer is responsible for the things associated with work only i.e. DSE regs.
I think that anything not directly connected with your work would be outside their scope. For exammple, in the office the employer has to take responsibility for any kettles/microwaves etc. that they provide for your use but i would consider it completely unreasonable for them to take responisbility for any off this equipment in your house.
One big issue that is almost always overlooked with working from home is the working time directive, especially if an employee is taking work home to complete in the evenings or over the weekend.
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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!
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Posted By David Johnson
Adrian, I'm interested in your mention of the Factories Act 61. Are you referring to Section 133? I thought that had been repealed although I can't recall by which Regulations. There is also no mention of FA in the HSEs Homeworking Guidance.
Also reading between the lines I think Emma was probably thinking of office staff who wouldn't have been covered.
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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
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Posted By John Ridd Although published in 1996, the guidance offered in the HSE document "Homeworking" (IND G 226) may be helpful in this matter - the HSE's view at that time was "Homeworkers are those people employed to work at home for an employer". The leaflet is viewable at: http://www.hsebooks.co.uk There is also a recent video on the subject that I think was originally produced for/by the Royal and Sun Aliance Gp.
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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' !!
~~~~~~~~~~~~
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Posted By John Webster
Authority? Permission? Lets get back into the real world, where salaried staff are expected to work the hours necessary to "fulfil the duties of the post". A colleague is off sick, there's a deadline to meet and you are going to enhance your career prospects by telling the boss that it's five 'o clock so that important client is just going to have to go whistle!! You have responsibilities to your family, so rather than keep the office cleaners company, you pack the papers into your briefcase and once the kids are in bed out they come and you sit at the table until 2 in the morning and finish the task.
But were you told to work at home? those hours? Of course not, it was your choice.
After my son was born - an event well known to my then employer - I was criticised, in writing, in my annual appraisal for having developed a "9-5 attitude" to my job. A man "in my position" was expected to show "more commitment"
Sound familiar?
John
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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
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Posted By John Webster
For Stuart
What is your point?
I am very surprised to see someone of your standing and evident powers of reasoned argument stoop to the level of sarcastic, personal insults. You demean yourself and you demean this forum.
If you wish to challenge anything I have written, then please do so. For my part I made what I believed to be a valid point of concern - that there are countless people who for one reason or another are working at home, over and above their "normal" office hours, who do this because they feel they have little choice (and not always through a lack of assertiveness). Their employer would deny that they were required to work at home, and if asked for permission would probably refuse it to avoid any liability (and any claim for extra pay).
I felt it was a logical extension to the subject of the thread. You may differ, that is your perogative. However, your contribution does little to add to the debate.
John
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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!
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Posted By Stuart Nagle
John.
Thank you for your response. At least I seem to have got what I was after, your comments indicating that the 'homework' in the case you discribe may well be a personal rather than employment required (di facto) undertaking.
If a person undertakes to work at home of their own volition, in their own time and at their own expense, could this be legally described as home working? irrespective of the reason behind it (i.e not enough time, too much pressure etc...) I think this where the employer permission/authority/approval bit comes into play (legally) and would differentiate between a 'homeworker' and someone simply working at home (for their rather than the employers reasons).
It was not my intention to belittle you or your comments at all, simply to point out in a jovial way that there needs to be distiction between the two... sorry you took it the wrong way....... did'nt the braces fit?
Stuart
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When does 'working from home' become homeworking
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