Working from home


A. Thousands of workers who haven’t previously worked from home but have jobs that enable them to do so are currently working from home due to the coronavirus (COVID-19) outbreak.

For many, this is with the full support, and sometimes instigation of their employers. The government’s statement that workers should work from home where possible has, for many, bypassed the need to apply to work from home which is otherwise made as a flexible working request under section 80F of the Employment Rights Act 1996. 


The current legal position is that the right to work from home is only available to “employees” who have been in their job for at least 26 weeks and is not guaranteed. 


The employee must make a case for it, setting out how it will affect their employer’s business. Details of how to apply are available on the website of the Acas employment advisory body at www.acas.org.uk/making-a-flexible-working-request


Guidance on the health and safety aspects of working from home is available from the Health and Safety Executive website. 


www.hse.gov.uk/toolbox/workers/home.htm