Under UK law, employees enjoy a number of rights. Among these is the right to a safe working environment, which an employer might be legally obliged to provide. The rise of remote working practices, however, gives us a reason to ask a simple question: how does all of this work for those clocking on from home? If you fall down the stairs between Zoom calls, can your employer really be blamed? Let’s take a closer look.
Employer’s Duty of Care in Remote Work Settings
Your employer’s duty of care stems from the Health and Safety at Work Act 1974. This is the legislation that requires them to look after their workers. It requires, specifically, that employers do what is ‘reasonably practicable’ to protect the well-being of employees. This might mean performing a risk assessment (which is also recommended by the Management of Health and Safety at Work Regulations 1999), or assessing the state of a workstation. This applies to home workers just as it does in-office ones.
Of course, it is often not ‘reasonably practicable’ for an employer to inspect an employee’s home to the extent that both parties would be happy with. Thus, a compromise would have to be made. An employee might agree to assume some responsibility, and be granted greater freedom by their employer. As yet, the rules have yet to be seriously tested in court – but employers can still assess the state of a remote workstation with the help of surveys and questionnaires. If an employee assures an employer that there’s no danger that they’ll trip over a loose cable, then they might find it harder to argue that they were not sufficiently protected against this particular threat.
Employee Responsibilities and Self-Care
If you’re working remotely, then there are a number of steps you might perform to reduce your risk of injury. This is often a matter of developing the right habits, and performing basic housekeeping. Make sure that trailing cables are tidied up, and that chairs are set up according to ergonomic principles. Take breaks from work for stretching and walking, to reduce the risk of injury. Where hazards are spotted, make sure that you report them to your employer, who might be able to lend support in dealing with these hazards.
Common Remote Work Injuries and Liability Implications
Certain remote work injuries are more prevalent than others. Many of them stem from a less-than-ideal work environment. If you’re working on a sofa with a laptop, then you might find your shoulders rounded, your spine bent, and your forearms more vulnerable to nerve damage. Repetitive strain injury is common.
In cases where employers could have prevented these problems, they might be held liable. The provision of proper office furniture, for example, might be a simple way of dealing with the risk. Slip, trip and fall claims are among the most common – and they can be filed in home environments as well as work ones.
Insurance Considerations for Remote Workers
Of course, it’s often impossible to reduce the risk to zero. This is where insurance comes in. Employer’s liability insurance helps to cover potential legal risks incurred by the employer. If legal action is taken, and the employer is forced to pay, then the right insurance will cover the costs. It’s important to read the fine print. If you’re relying on remote workers, make sure that your policy covers you against remote work.
Remote Work and Inequality: A Legal Perspective
In some cases, the phenomenon of remote work might put an employer on the wrong side of the Equalities Act. For example, employees with ‘protected characteristics’, like disabilities, might be systemically forbidden from working from home. This might be the case in workforces where, say, office workers are allowed to work remotely, but manual workers are not.
