This Homeworker Agreement is designed to be used where either a new or existing employee has agreed that their main place of work will be elsewhere than the Employer’s office, or in any event in a location which is not under the control of the Employer.
This employment contract has a General Data Protection Regulation (GDPR)-compliant data processing clause. After 25 May 2018, employers must use this clause, as employers will not be able to rely on the existing generic consent clauses.
Employers may find that employing staff as Homeworkers considerably reduces their overheads whilst employees are given a greater freedom and the opportunity to work in more comfortable surroundings.
This agreement is drafted to ensure that Employers meet all of their legal obligations to their employees whilst ensuring that the work they receive is still of the standard that they might expect if the employee was in a more controlled environment.
There is a unique ‘Right to Enter’ clause which entitles the employer to enter the employee’s premises at reasonable times in order to inspect company property, carry out risk assessments, and recover company property following termination of employment. Another clause sets out any equipment the company will provide to the employee, how it should be installed and serviced and also covers insurance aspects. There is also an expenses option which sets out reimbursement of pre-approved expenses or alternatively a fixed monthly allowance to cover expenses.
The Pensions Act 2014 introduced a new state pension for people reaching state pension age on or after 6 April 2016, replacing the previous basic state pension and additional state pension and ending contracting out for defined-benefit schemes. This employment contract has been updated accordingly with the removal of the clause referring to the contracting out certificate.
The Homeworker Agreement includes the following sections:
2. Employee Name, Address and Duties
3. Date of Commencement/Continuous Employment
4. Place of Work
5. Hours of Work
7. Right to Enter
8. Equipment and Insurance
12. Maternity and Paternity
15. Non-Compulsory Retirement
16. Grievance Procedure
17. Disciplinary Procedure
18. Termination of Employment
20. Employment Policies
21. Collective Agreements
22. Data Protection
23. Changes to Terms and Conditions of Employment
24. Governing Law and Jurisdiction
This agreement is in open format. Fields should be completed where indicated.
Clauses with optional and alternative phrases
Options and alternatives appear in blue font. The way in which this document is designed ensures that it will make sense with or without the optional clauses. Tailor this contract by removing all phrases and clauses which are not relevant to your business. Once you have finished, please remember to highlight the whole document and switch the font colour to black.
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