Home Working Agreement

This Home Working Agreement is for use where a new or existing employee has agreed that their main place of work will be somewhere other than the employer’s office, or at a location not under the employer’s control.

It is designed to help employers meet their legal obligations while maintaining appropriate standards of work in a home working arrangement.

Written terms for home working arrangements

Employers must provide workers and employees with a written statement of their main terms and conditions of employment, often referred to as a Standard Form Section One Statement.

This Home Working Agreement covers those requirements. It reflects the rules applying from 6 April 2020 and must be provided to the employee or worker by day one of employment.

Why employers use this agreement

With the right to request flexible working extended to all employees, home working may become more common among employees seeking greater flexibility.

As well as using this agreement, employers should consider putting in place a Home Working Policy setting out how requests to work from home will be handled.

Key protections in a home working arrangement

This agreement includes provisions dealing with the practical and legal issues that arise when an employee works away from the employer’s premises.

• A right to enter clause allows the employer to enter the employee’s premises at reasonable times to inspect company property and carry out risk assessments.
• The same clause also allows for recovery of company property following termination of employment.
• Equipment, installation, servicing, and insurance can be addressed expressly in the agreement.
• The expenses clause can provide either for reimbursement of pre-approved expenses or for a fixed monthly allowance.
• It also makes clear that the company will not pay expenses incurred in travelling from the employee’s home to the employer’s office.

Main employment terms covered

The agreement covers the core employment terms needed for a home working arrangement, including:

• place of work, work outside the UK, and hours of work;
• remuneration, benefits, holidays, sickness, and other paid leave;
• maternity and paternity rights, pension, and mobility;
• grievance and disciplinary procedures, confidentiality, and employment policies; and
• data protection, changes to terms and conditions, and governing law and jurisdiction.

Risk assessment and data protection

All businesses should undertake a risk assessment for employees working from home.

This Home Working Agreement also includes a GDPR-compliant data processing clause. After 25 May 2018, employers must use this clause rather than relying on generic consent clauses.

Home Working Agreement is part of Employment. Just £38.50 + VAT provides unlimited downloads from Employment for 1 year.