The Impact of Remote Work on Employment Contracts and Policies

The impact of remote work on employment contracts and policies has become increasingly significant, particularly in the context of hybrid working. In this blog, we will explore the adjustments required in various aspects of employment law, including discrimination issues, harassment policies, the management of remote work from abroad and contractual changes.

Discrimination issues

• Employers must be aware about about indirect discrimination that may arise from home working setups. For example, such arrangements might not be as feasible for younger employees who may have less suitable living conditions for remote work.
• The refusal of flexible working requests can also lead to discrimination claims, especially if there appears to be a bias against certain groups, for example those with a disability, or family responsibilities.
• Regular reviews and adjustments to the practices and policies may be necessary to address any issues or changes in the workforce demographics.
• Employers should treat all staff fairly and equally, ensuring that remote workers do not face disadvantages in training, development, promotion opportunities, or in the work assigned to them.

Harassment and bullying

• Employers should adapt their policies to address harassment that could occur through digital communications.
• It is essential for anti-harassment and bullying policies to cover various communication methods and to remind staff of the behaviour expected of them and the channels available for reporting any issues.
• This adaptation helps maintain a respectful work environment, even when employees are not physically together.

Remote working abroad

• Working remotely from abroad introduces additional complexities, including employment law and tax implications.
• Employers must be aware of such arrangements and approve them in advance to manage these considerations effectively.

Contractual changes

• Employers need to decide whether remote working arrangements will be informal or formalised through changes to the contract of employment.
• It is crucial to consult with staff and possibly their representatives to ensure contractual changes are comprehensive and considerate of various employee needs.

Conclusion

The shift towards remote work requires employers to meticulously revise their employment contracts and workplace policies. This ensures compliance with legal standards and supports an inclusive and efficient working environment for all employees, regardless of their physical workplace.

For help and advice on the impacts and recommended steps for introducing remote working, please do not hesitate to contact our Employment team at employment@mlplaw.co.uk.