Working From Home (WFH): Employer Legal Guide UK

In recent years, working from home has transformed from a flexible perk into a standard form of working arrangement for organisations across the UK.

Catalysed by the COVID-19 pandemic lockdown, the shift has been expedited by advancements in technology, effective adoption of remote working by organisations and changes in employee expectations.

For employers, the challenge of home working is striking a balance between supporting employee wellbeing, ensuring productivity and maintaining compliance with legal obligations in a working from home setup.

From 6 April 2024, employees have a day-one statutory right to request flexible working, which can include asking to work from home. The statutory regime is a right to request rather than a right to insist, but employers must handle requests lawfully, reasonably and within the required time limits. In practice this means consulting with the employee before refusing a statutory request and only refusing for one or more of the permitted business reasons set out in legislation, following a fair process.

This article offers a comprehensive guide to working from home for employers, covering the benefits and challenges of managing remote teams, the legal considerations in the UK, technology and tools to streamline operations and strategies for maintaining productivity and communication.

What this article is about: This guide explains what “working from home” means in an employment law context, how the statutory flexible working rules apply to home and hybrid working, the key employer duties around contracts, working time, equality and compliance, and the practical steps to put a compliant working from home policy and operating model in place.

Section A: Working from home law in the UK (employer duties)

Working from home is often described as “remote working”, “home working” or “WFH”, but the legal and HR issues for employers are the same: you are managing employees performing work away from the employer’s premises, usually at home, sometimes as part of a hybrid arrangement.

UK employment law does not create a general right for employees to work from home. Instead, working from home is usually agreed as part of the employment contract or implemented through an employer policy, or it is requested under the statutory flexible working regime. For employers, this distinction matters, because the legal route affects how decisions must be made, what process must be followed and how changes to the working arrangement should be documented.

1. Is there a legal right to work from home?

There is no stand-alone statutory right to work from home. However, employees can request to work from home through the statutory flexible working process, and many employers also agree working from home through contracts or policies as part of recruitment, retention and workforce planning.

Where working from home is contractual, the employer and employee are generally bound by the agreed terms, including any requirements to attend the workplace on certain days, core hours, reporting expectations and reasonable management instructions. Where working from home is not contractual, the employer may still allow it as a discretionary arrangement, but should document expectations clearly to avoid ambiguity and disputes about whether home working has become an implied contractual term through custom and practice.

Employers should also recognise that working from home requests can intersect with equality law, particularly where home working is requested because of disability, pregnancy, childcare responsibilities or other protected characteristics. Even where a flexible working request is refused under the statutory regime, the employer may still have separate duties to consider reasonable adjustments or to avoid discriminatory outcomes.

2. Flexible working requests and working from home (rules from 6 April 2024)

Working from home requests are commonly made as statutory flexible working requests. From 6 April 2024, employees can make a statutory flexible working request from day one of employment. Employees can make up to two statutory requests in any 12-month period.

Employers must deal with statutory requests within two months unless an extension is agreed with the employee. Employers must also consult with the employee before refusing a statutory request. Consultation does not mean the employer must agree, but it does mean the employer should engage with the request, explore whether the request can be accommodated and consider alternatives, such as a trial period, partial home working or revised working patterns.

The employer can refuse a statutory request only for one or more of the permitted business reasons set out in legislation. In practice, employers should link the refusal reasons to the facts of the role, the team structure and operational needs, rather than relying on generic statements. Decisions should be documented, communicated clearly and applied consistently across comparable roles to reduce employee relations risk and discrimination exposure.

Even where the employer has strong grounds to refuse, handling the process poorly can create risk. Employers should follow a fair process, keep notes of discussions, consider trial arrangements where appropriate and ensure managers understand how to assess requests consistently.

3. Contracts, place of work and changing to a home working arrangement

A key legal consideration for employers is ensuring that contracts and written terms are up to date. If working from home becomes a permanent or long-term arrangement, employers should document the agreed terms clearly, typically through a contract variation letter or a written amendment. Employers should avoid implementing permanent changes unilaterally unless there is a clear contractual mechanism permitting this, as unilateral variation can create breach of contract risk and, in some cases, constructive dismissal exposure.

Where employees work on a hybrid basis, employers should set out:

• the contractual place of work
• the agreed home working pattern and any fixed office days
• the right to require attendance at the workplace for meetings, training, performance management or business need
• how changes to the pattern will be managed, including notice expectations

Clear drafting helps prevent disputes about whether office attendance is optional, whether the employer can mandate in-office days and what happens if an employee relocates. Employers should also address cross-border working risks if employees request to work from abroad, as this can trigger immigration, tax, social security and data protection issues.

Employers can usually require in-office attendance where the contract specifies workplace attendance or where a hybrid model is agreed and documented. If an employee is on a home working contract with no attendance requirement, an employer seeking to reintroduce office days should treat this as a contractual change and manage it carefully, considering consultation, business rationale and employee relations impact.

4. Working time, rest breaks and performance management in a WFH context

Working hours and rest periods remain governed by the Working Time Regulations 1998, even where employees work from home. Employers should ensure that employees are able to take rest breaks and do not regularly exceed maximum working hours (unless an opt-out applies). This can be more difficult to monitor in a home working environment, particularly where employees are working flexibly or across different time zones.

Overtime policies and expectations around availability should be clearly communicated. Employers should also be careful about out-of-hours messaging and practices that create a culture of “always on”, as this can increase burnout risk and may undermine the employer’s health and safety obligations relating to wellbeing.

Performance monitoring and productivity tracking should be fair and proportionate. In a working from home context, employers often rely on outcome-based measures such as deadlines, deliverables, quality standards and client feedback, rather than attendance-based cues. Where employers use monitoring tools or time tracking, the approach should be transparent and proportionate to the purpose, with clear communication to employees about what is monitored, why it is monitored and how the information will be used.

5. Equality risks and reasonable adjustments for home working

Working from home decisions can engage equality law. For example, a request to work from home may be connected to disability, including mental health conditions, neurodiversity, chronic pain or mobility issues. Employers should consider whether home working is a reasonable adjustment and, if not, whether there are other adjustments that could remove or reduce disadvantage.

Employers should also consider indirect discrimination risk where refusal of home working disproportionately impacts groups with protected characteristics, such as women with childcare responsibilities. This does not mean employers must always agree, but it does mean employers should understand the potential impact, apply consistent decision-making criteria and ensure refusals can be objectively justified by a legitimate business aim, supported by evidence and proportionate in the circumstances.

Where a refusal is likely to be contentious, employers should document the rationale carefully and consider whether a trial period, adjusted hybrid arrangement or alternative flexibility could reduce risk while still meeting operational requirements.

Section B: Legal compliance for working from home

While flexible work arrangements can benefit both the employer and the employee, they also bring with them legal obligations that need to be carefully managed to ensure compliance with UK law. Working from home raises practical questions about contracts, health and safety, working time, confidentiality and the handling of personal data, and it can also increase risk where monitoring or surveillance tools are used without appropriate safeguards.

For employers, the aim is to put in place a working from home operating model that is clear, consistent and legally compliant, supported by policies, training and appropriate documentation. This section focuses on the core compliance duties that apply to most organisations, even where staff are working on a hybrid basis.

1. Core legal obligations for employers

Working from home does not reduce or remove the employer’s statutory duties. The same baseline legal framework applies, but employers often need to adapt processes and controls to reflect the realities of remote working.

Table: Legal obligations for working from home (UK)

2. Health and safety duties for employees working from home

Employers’ health and safety obligations apply to employees working from home. This includes the duty to take reasonable steps to ensure the employee’s working environment is safe and to manage foreseeable risks arising from home working arrangements.

In practice, employers should carry out a “suitable and sufficient” risk assessment of the employee’s work activities and work environment. For home working, this often involves a combination of:

• a home working risk assessment questionnaire completed by the employee
• guidance on safe working practices, including breaks and posture
• an escalation route where risks are identified (for example, poor ergonomics or unsafe electrical equipment)
• provision of reasonable equipment where necessary to reduce risk

Where staff are display screen equipment (DSE) users, employers should ensure workstation assessments are completed and that control measures are implemented for home workstations as well as office-based setups. If a DSE assessment identifies equipment or adjustments as necessary to control risk, employers should consider how those measures will be provided and maintained in a home working context, including any support available for hybrid workers who split time between home and office.

Employers should also treat wellbeing as a health and safety issue in a working from home environment. Home working can contribute to isolation, fatigue and burnout, particularly where there is limited separation between work and personal life. Regular check-ins, reasonable workload management and clear expectations around working hours and switching off help support compliance as well as productivity.

3. Working time, rest breaks and “always on” risk

The Working Time Regulations 1998 continue to apply in a working from home environment. Employers should ensure employees can take rest breaks and rest periods and do not routinely work excessive hours. This is particularly important where employees work flexibly or where teams operate across different locations.

Working from home can create a culture of extended availability, especially where messaging and meeting patterns drift into early mornings, evenings or weekends. Employers should set expectations around core hours, meeting etiquette, response times and when employees are not expected to respond. Where an opt-out from the 48-hour average week is used, employers should still manage fatigue and wellbeing risks and monitor working patterns.

Employers should also ensure time recording practices are appropriate for the workforce and the role. The goal is not to micro-manage, but to manage legal risk and wellbeing, while ensuring that working time is controlled and that work allocation is sustainable.

4. Data protection in a working from home setup (UK GDPR and the Data Protection Act 2018)

Data protection is a critical compliance area for working from home. Remote working often increases the risk of data breaches because employees access systems outside a controlled office environment and may use home networks, shared spaces or personal devices.

Employers must comply with the UK GDPR and the Data Protection Act 2018 when processing personal data. In a working from home context, employers should focus on practical controls that reduce risk while supporting day-to-day operations, including:

• secure remote access arrangements (for example, VPNs and managed access controls)
• multi-factor authentication for key systems and accounts
• clear rules on printing, storage and disposal of documents at home
• screen privacy expectations and guidance on confidential conversations
• device management, patching and secure configuration standards
• role-based access controls, with access limited to what is needed

Employers should provide regular training on data protection and cybersecurity risks, including phishing and password management. Training is particularly important where employees are working from home for extended periods, as security behaviour tends to drift over time without reinforcement.

If home working arrangements involve working from overseas, employers should treat this as a separate compliance issue. Cross-border working can affect data transfer requirements, security controls, contractual terms and regulatory exposure, and it should not be treated as a routine extension of domestic home working.

5. Monitoring employees working from home (privacy and proportionality)

One of the most common compliance risks in a working from home model is employee monitoring. Employers may feel pressure to introduce tools that monitor time, keystrokes, screenshots or online activity, but intrusive monitoring can undermine trust and create legal risk.

Any monitoring must be lawful, fair and transparent and proportionate to the employer’s purpose. Employers should be clear about what is monitored, why it is monitored, the lawful basis relied on, who has access to the data, how long it will be kept and how it will be used in management decisions. Monitoring should focus on outcomes and business need rather than blanket surveillance.

Where monitoring is systematic, involves profiling or has the potential to significantly affect employees, employers should consider completing a data protection impact assessment and aligning practices with ICO expectations on monitoring at work. Employers should also ensure managers understand that monitoring data is not a substitute for fair performance management and should not be used to support predetermined decisions.

Used properly, monitoring can support information security and operational management. Used poorly, it can create grievances, reputational damage and increased legal risk.

6. Equipment, expenses and reimbursement

Working from home raises practical questions about equipment provision, technical support and employee expenses. Employers are not automatically required to reimburse all home working costs, but they should approach the issue carefully to avoid misunderstandings and disputes and to ensure that employees can work safely and effectively.

A working from home policy should set out:

• what equipment the employer will provide (for example, laptops, monitors, peripherals)
• what the employee is expected to provide (if any) and the standards required
• technical support arrangements, including reporting faults and security incidents
• how expenses are handled, including any reimbursement policy and claim process

Where health and safety assessments identify a need for specific equipment or adjustments to control risk, employers should consider what is reasonable to provide and how it will be maintained, particularly for hybrid workers. Employers should also be careful about allowing employees to use personal devices for work without clear controls, as this can create data protection and security risk.

A clear approach to equipment and expenses supports compliance and fairness, while reducing the risk of inconsistent treatment across teams.

Section C: Working from home policy (WFH policy)

A clear and well-drafted working from home policy is central to managing home and hybrid working arrangements lawfully and consistently. While some aspects of working from home may be contractual, the policy provides the operational framework that explains how working from home operates in practice, how requests are handled and what is expected of both employees and managers.

For employers, the policy reduces ambiguity, supports fair decision-making and provides evidence of a structured and reasonable approach if arrangements are challenged. For employees, it provides clarity on eligibility, expectations and the boundaries of flexibility.

1. Purpose and scope of a working from home policy

The purpose of a working from home policy is to set out the terms under which employees may work from home, either on a full-time or hybrid basis. It should explain how working from home fits within the organisation’s broader approach to flexible working and how it interacts with contractual terms.

The policy should make clear whether working from home is:

• a contractual arrangement for certain roles
• a discretionary arrangement subject to review
• linked to the statutory flexible working process

Clarity on status helps avoid disputes about whether home working has become an implied contractual right. Where discretion applies, the policy should reserve the employer’s right to review or amend arrangements where there is a genuine business reason, while confirming that changes will be managed fairly and with consultation.

2. Eligibility and role suitability

Not all roles are suitable for working from home. A working from home policy should define eligibility by reference to role requirements rather than individual preference. This helps ensure decisions are objective and defensible.

For example, roles involving customer-facing duties, physical handling of materials, on-site supervision or specialist equipment may require a workplace presence. Office-based roles such as administration, finance, IT, marketing or professional services may be more suitable for home or hybrid working.

Employers should apply eligibility criteria consistently and remain alert to equality considerations. Where a role is generally unsuitable for home working, the employer should still consider whether adjustments are required in individual cases, particularly where disability or pregnancy-related issues arise.

3. Request and approval process

The policy should clearly explain how employees can request working from home. This includes both statutory flexible working requests and non-statutory requests made outside the formal process.

Key elements of the process should include:

• how requests should be submitted and to whom
• what information the employee should provide
• timeframes for consideration and response
• the consultation process where a statutory request is made
• how decisions will be communicated and recorded
• the right to appeal or review a refusal

For statutory flexible working requests, the policy should reflect the current legal framework, including the requirement to consult before refusal, the two-month decision period (unless extended by agreement) and the need to rely on one or more of the permitted business reasons where a request is refused.

Employers may also wish to allow trial periods, particularly where a request involves a significant change. Trial periods can reduce risk by allowing both parties to assess whether working from home is effective in practice.

4. Working arrangements, hours and availability

A working from home policy should set out expectations around working patterns and availability. This is particularly important to prevent misunderstandings and to manage working time and wellbeing risks.

The policy should address:

• normal working hours and any agreed flexibility
• core hours during which employees are expected to be available
• meeting expectations and notice for scheduling
• response time expectations for emails and messages
• arrangements for hybrid workers attending the workplace

Clear expectations help managers plan work effectively and support employees in maintaining boundaries between work and personal time. Employers should avoid policies that encourage constant availability, as this can undermine health and safety obligations and increase burnout risk.

5. Performance management and supervision

Managing performance in a working from home environment requires a focus on outputs rather than visibility. The policy should explain how performance will be measured, how supervision will operate and how concerns will be addressed.

This may include:

• use of objectives, deliverables and deadlines
• regular one-to-one meetings and check-ins
• team meetings and collaboration expectations
• how underperformance will be managed

The policy should also make clear that home working does not change performance standards or conduct expectations. Where monitoring tools are used, this should be referenced at a high level, with detail cross-referred to data protection and monitoring policies.

6. Health and safety responsibilities

A working from home policy should explain how health and safety duties are managed for home workers. This includes the employer’s responsibilities to assess risk and provide guidance, and the employee’s responsibilities to take reasonable care and follow instructions.

The policy should cover:

• home working risk assessments and DSE assessments
• guidance on safe workstation setup and breaks
• reporting health and safety concerns
• responsibilities for maintaining a safe working environment

Making health and safety responsibilities explicit supports compliance and encourages employees to raise issues early, reducing the risk of injury or longer-term health problems.

7. Data protection, confidentiality and security

Data protection and confidentiality should be addressed clearly in a working from home policy. Employees need to understand how to handle information securely when working outside the office.

The policy should set out:

• rules on secure access to systems and devices
• expectations around document storage and disposal
• guidance on confidentiality in shared or public spaces
• reporting data breaches or security incidents

The policy should align with wider data protection and information security policies and reinforce the importance of compliance with UK GDPR and internal security standards.

8. Equipment, expenses and support

Employees should understand what equipment and support the employer will provide and what costs, if any, the employer will reimburse. A working from home policy should avoid ambiguity in this area.

Typical provisions include:

• equipment supplied by the employer
• rules on using personal equipment
• technical support and IT helpdesk arrangements
• expenses policy and claim process

Where equipment is provided to meet health and safety requirements, this should be made clear, along with arrangements for maintenance, replacement and return if home working ends.

9. Review, variation and ending working from home arrangements

Finally, the policy should explain how working from home arrangements will be reviewed and how changes will be managed. This includes circumstances where home working may no longer be suitable due to performance, business need or organisational change.

The policy should reserve the employer’s right to review arrangements periodically and to require a return to workplace-based working where there is a genuine business reason, subject to consultation and contractual constraints. Setting expectations upfront helps manage employee relations and reduces the risk of disputes if arrangements change.

Section D: Managing working from home in practice

Once a working from home arrangement or policy is in place, employers must focus on day-to-day management. This is where many working from home arrangements succeed or fail. Clear communication, appropriate use of technology and consistent management practices are essential to maintaining productivity, engagement and compliance.

Managing employees who work from home requires a shift away from visibility-based supervision towards trust, outcomes and structured communication. Employers should ensure managers are trained and supported to manage remote and hybrid teams effectively.

1. Communication and engagement for employees working from home

Effective communication is central to successful working from home arrangements. Without regular face-to-face contact, employees can become disconnected from colleagues, managers and organisational objectives.

Employers should put in place structured communication practices that support clarity and inclusion. This typically includes regular team meetings, one-to-one catch-ups and accessible channels for informal communication. Video calls can help maintain personal connection, while written communication should be clear and unambiguous to reduce the risk of misunderstanding.

Employers should also be mindful of meeting overload. Back-to-back virtual meetings can be particularly draining for employees working from home. Clear agendas, appropriate meeting lengths and defined purposes help reduce fatigue and improve effectiveness.

Communication expectations should be applied consistently across teams, particularly where some employees work from home and others are office-based. Inconsistent communication can create perceptions of unfairness and exclusion.

2. Setting expectations and maintaining accountability

Working from home works best where expectations are clearly defined. Employers should ensure employees understand what is expected in terms of output, availability and behaviour, without resorting to micromanagement.

Expectations should cover:

• deliverables and performance objectives
• deadlines and prioritisation
• availability during agreed working hours or core hours
• responsiveness to colleagues, clients and managers

By focusing on outcomes rather than hours spent online, employers support autonomy while maintaining accountability. This approach is particularly important in a working from home context, where visibility is limited and trust underpins performance.

Managers should be trained to address issues early. Avoiding performance conversations because employees are working remotely can allow problems to escalate and undermine team effectiveness.

3. Productivity management and performance reviews

Productivity management for employees working from home should be built around regular feedback and structured performance reviews. Informal feedback that would normally occur in an office setting often disappears in a remote environment, making scheduled check-ins more important.

Employers should consider more frequent one-to-one meetings, particularly where employees are new, roles are changing or performance concerns exist. These conversations should focus on progress, obstacles, support needs and wellbeing, rather than surveillance.

Formal performance reviews should apply the same standards to home-based and office-based employees. Criteria should be objective, role-specific and linked to business outcomes. Where underperformance arises, employers should follow normal performance management procedures, adapting the process to the remote context where necessary but not lowering standards.

4. Use of technology to support working from home

Technology plays a critical role in enabling effective working from home. Employers should ensure employees have access to tools that support collaboration, communication and secure working.

Common categories of tools include:

• project management and task tracking software
• instant messaging and video conferencing platforms
• secure cloud-based document storage and collaboration tools
• IT support and remote access solutions

Employers should avoid tool proliferation, which can overwhelm employees and fragment communication. Clear guidance on which tools are used for which purposes helps maintain consistency and efficiency.

Training is essential. Even widely used platforms can be under-utilised or misused without guidance, leading to frustration and inefficiency for employees working from home.

5. Monitoring productivity and employee privacy

Employers may consider monitoring tools to understand productivity or protect systems when employees work from home. However, monitoring must be approached carefully to avoid legal and employee relations risks.

Any monitoring should be proportionate, transparent and justified by a legitimate business need. Employers should explain clearly what data is collected, how it is used and how long it is retained. Monitoring should support performance management and security objectives rather than replace effective management.

Intrusive monitoring, such as continuous screen capture or keystroke logging, can undermine trust and may be difficult to justify. Employers should focus on outcome-based measures wherever possible and ensure monitoring practices align with data protection and privacy obligations.

6. Supporting wellbeing and preventing isolation

Working from home can have a significant impact on employee wellbeing. While many employees value the flexibility, others may experience isolation, blurred boundaries and difficulty switching off.

Employers should actively support wellbeing by encouraging regular breaks, realistic workloads and use of annual leave. Managers should be alert to signs of disengagement or burnout, particularly where employees work from home full-time.

Social interaction should not be overlooked. Virtual team activities, informal catch-ups and opportunities for collaboration help maintain connection and morale. For hybrid teams, employers should ensure home-based employees are not excluded from opportunities, information or progression.

Supporting wellbeing is not only good practice but also forms part of the employer’s broader health and safety responsibilities.

Section E: Benefits of working from home for employers

When managed effectively, working from home can deliver significant benefits for employers as well as employees. While home working is often discussed in terms of employee flexibility and wellbeing, there are clear operational, financial and strategic advantages for organisations that adopt well-structured working from home or hybrid models.

For employers, the key is to align working from home arrangements with business objectives, rather than treating them solely as an employee benefit. When integrated properly, working from home can support resilience, competitiveness and long-term workforce planning.

1. Cost savings and operational efficiency

One of the most immediate benefits of working from home for employers is the potential for cost savings. Traditional office-based working involves significant fixed costs, including rent, utilities, maintenance, insurance and office services. Where a workforce operates partly or fully from home, employers may be able to reduce their physical footprint or redesign office space to support more flexible use.

Savings may also arise from reduced spending on office supplies, facilities management and on-site services. Over time, these savings can be reinvested into technology, training or employee support, strengthening the overall working from home model.

Operational efficiency can also improve where employees experience fewer commuting-related delays and disruptions. Working from home can support business continuity during transport strikes, adverse weather or other events that affect travel to the workplace.

2. Access to a wider talent pool

Working from home enables employers to recruit from a much broader geographical area. Removing or reducing the requirement for daily attendance at a particular location allows employers to attract candidates who may not live within commuting distance of the workplace.

This can be particularly valuable for employers based in smaller towns or regions with limited local labour markets, as well as for roles requiring specialist skills. Working from home arrangements can also support diversity by opening opportunities to individuals who may otherwise be excluded by location, caring responsibilities or mobility issues.

From a recruitment perspective, offering working from home or hybrid options can make roles more attractive in a competitive labour market and support faster, more effective hiring.

3. Improved employee retention and engagement

Working from home can have a positive impact on employee satisfaction and retention when implemented appropriately. Employees who are able to balance work with personal responsibilities often report higher job satisfaction and a stronger sense of autonomy.

Reduced commuting time can contribute to improved wellbeing and lower stress, which in turn can reduce absence and turnover. For employers, improved retention means lower recruitment and onboarding costs and greater continuity within teams.

Engaged employees are also more likely to be productive and committed to organisational goals. Where working from home is combined with clear expectations, effective management and opportunities for development, it can support a stable and motivated workforce.

4. Business resilience and continuity

Working from home arrangements can improve organisational resilience. Employers with established home working capabilities are often better able to respond to unexpected disruption, whether caused by public health events, infrastructure issues or localised emergencies.

A workforce that is already equipped and experienced in working from home can maintain operations with minimal interruption. This resilience can be a significant strategic advantage, particularly for organisations operating in sectors where continuity of service is critical.

Employers may also find that working from home supports phased returns to work following illness or injury, helping employees remain engaged while recovering and reducing prolonged absence.

5. Environmental and reputational benefits

Reducing daily commuting through working from home can contribute to lower carbon emissions and reduced environmental impact. Fewer journeys to and from the workplace can decrease congestion and improve local air quality, supporting broader sustainability objectives.

For employers, environmental benefits can translate into reputational advantages. Organisations that promote working from home as part of a wider sustainability strategy may be more attractive to environmentally conscious employees, clients and partners.

While environmental considerations should not override operational needs, they can form part of a balanced case for maintaining working from home or hybrid arrangements where they align with business objectives.

Section F: Challenges of working from home for employers

While working from home can deliver clear benefits, it also presents practical and legal challenges for employers. These challenges do not mean that working from home should be avoided, but they do require active management, clear policies and consistent leadership to prevent issues from undermining performance, morale or compliance.

Understanding the common risks associated with working from home allows employers to put appropriate controls in place and to respond proportionately when issues arise.

1. Maintaining productivity and oversight

One of the most frequently cited challenges of working from home is maintaining productivity and oversight without reverting to micromanagement. The absence of physical visibility can make it harder for managers to assess progress, particularly where roles are complex or outputs are less easily measured.

In some cases, home working environments introduce distractions, such as caring responsibilities or shared living spaces, which can affect focus. Employers must balance flexibility with accountability by setting clear objectives, monitoring outcomes and addressing underperformance promptly and fairly.

Productivity issues should be managed through normal performance management processes rather than assumptions about home working. Treating working from home as the cause of underperformance without evidence can damage trust and increase employee relations risk.

2. Communication gaps and collaboration issues

Working from home can weaken informal communication and collaboration if deliberate steps are not taken to replace office-based interaction. Casual conversations, spontaneous problem-solving and informal mentoring are harder to replicate in a remote environment.

Where communication is poorly structured, misunderstandings can increase and decision-making can slow. Employees working from home may feel excluded from discussions or less visible to managers, particularly in hybrid teams where some colleagues attend the workplace regularly.

Employers should be alert to the risk of proximity bias, where office-based employees receive more attention, opportunities or informal feedback than those working from home. Clear communication frameworks and inclusive meeting practices help reduce this risk.

3. Employee isolation, wellbeing and burnout

Working from home can increase the risk of isolation, particularly for employees who live alone, are new to the organisation or work remotely full-time. Without regular social interaction, employees may feel disconnected from colleagues and the organisation’s culture.

Blurred boundaries between work and home can also lead to longer working hours and difficulty switching off. Over time, this can contribute to fatigue, stress and burnout, increasing absence and reducing performance.

Employers should actively promote healthy working practices, encourage use of annual leave and provide access to wellbeing support. Managers should be trained to recognise early signs of disengagement and to have supportive conversations about workload and wellbeing.

4. Health and safety management at home

Ensuring a safe working environment is more complex when employees work from home. Employers have limited control over home environments and must rely on employee cooperation to identify and manage risks.

Common issues include poor workstation setup, inadequate lighting, unsuitable seating and electrical safety concerns. Without appropriate guidance and follow-up, these issues can lead to musculoskeletal problems or longer-term health conditions.

Employers should ensure that home working risk assessments and DSE assessments are taken seriously and that identified risks are addressed. Failure to manage these issues can result in increased absence, potential liability and reduced employee confidence in the employer’s duty of care.

5. Data security and confidentiality risks

Working from home can increase data security and confidentiality risks, particularly where employees work in shared spaces or use personal devices. Physical documents may be more difficult to secure, and conversations may be overheard by household members or visitors.

Cybersecurity risks may also increase where home networks are less secure than corporate environments. Phishing attacks and unauthorised access can be harder to detect without robust controls and training.

Employers should reinforce security expectations, provide appropriate tools and training and respond promptly to incidents. A failure to manage data security effectively in a working from home context can result in regulatory action, financial penalties and reputational damage.

6. Consistency, fairness and management capability

Inconsistent application of working from home arrangements can create significant employee relations issues. Where similar roles are treated differently without clear justification, employees may perceive unfairness or favouritism.

Working from home also places new demands on managers. Not all managers are naturally equipped to manage remote teams, and poor management practices can quickly undermine otherwise effective home working arrangements.

Employers should invest in manager training and provide clear guidance on decision-making, communication and performance management in a working from home context. Consistency and capability are key to sustaining a fair and effective approach.

Section G: Best practices for supporting employees working from home

Supporting employees who work from home requires more than providing technology and permitting flexibility. Employers must take a proactive and structured approach to wellbeing, development and inclusion to ensure that working from home remains sustainable for both the individual and the organisation.

Best practice focuses on prevention rather than reaction. By embedding support into management practices and organisational culture, employers can reduce risk, improve engagement and maintain performance over the long term.

1. Supporting mental health and wellbeing for home workers

Working from home can have both positive and negative effects on mental health. While flexibility can reduce stress for many employees, others may struggle with isolation, blurred boundaries and increased pressure to remain constantly available.

Employers should provide access to appropriate wellbeing support, such as employee assistance programmes, mental health resources or counselling services. Clear communication about available support helps ensure employees know where to turn if they are struggling.

Managers play a critical role in supporting wellbeing. Regular one-to-one meetings should include space to discuss workload, stress levels and work-life balance. Employers should encourage managers to address issues early, rather than waiting for performance or absence problems to emerge.

Encouraging employees to take breaks, use annual leave and disconnect outside working hours supports both wellbeing and productivity. A working from home culture that respects boundaries is more likely to be sustainable and legally compliant.

2. Flexible hours and managing work-life balance

One of the key advantages of working from home is the ability to offer flexible working patterns. Flexible hours can help employees manage caring responsibilities, personal commitments and individual working preferences.

Employers should be clear about what flexibility means in practice. This includes setting core hours where collaboration is required, while allowing flexibility around start and finish times where operationally feasible.

From 6 April 2024, employees have a statutory right to request flexible working from day one of employment. Requests may include changes to hours, working patterns or location, including working from home. Employers must handle requests in line with the statutory framework, consulting with the employee and only refusing for one or more of the permitted business reasons where a request cannot be accommodated.

By approaching flexibility constructively, employers can support work-life balance while maintaining service delivery and team coordination.

3. Performance feedback, development and progression

Employees working from home should have equal access to feedback, development and progression opportunities. Without deliberate action, remote employees can become less visible, increasing the risk that opportunities are allocated disproportionately to office-based staff.

Employers should ensure that performance feedback is regular and structured. More frequent check-ins can help replace the informal feedback that occurs naturally in office settings and provide clarity on expectations and progress.

Career development discussions should not be deprioritised for home workers. Managers should discuss training needs, development goals and progression pathways in the same way they would for office-based employees, ensuring that working from home does not become a barrier to advancement.

4. Inclusion, fairness and avoiding proximity bias

Hybrid and working from home models can unintentionally create inequality if not managed carefully. Proximity bias, where managers favour employees they see more often in the workplace, can affect access to projects, feedback and promotion.

Employers should take steps to ensure that decision-making is based on objective criteria rather than physical presence. This includes using consistent performance measures, inclusive meeting practices and transparent allocation of work and opportunities.

Meetings should be structured so that home workers can participate fully, with appropriate technology and facilitation. Important discussions and decisions should not be reserved for informal in-office conversations that exclude remote colleagues.

By addressing inclusion proactively, employers can ensure that working from home supports, rather than undermines, fairness and equality.

5. Training managers to manage working from home effectively

Manager capability is a critical success factor in working from home arrangements. Managing remote teams requires different skills, including effective communication, outcome-based performance management and the ability to support wellbeing without overstepping boundaries.

Employers should provide training and guidance for managers on:

• handling working from home and flexible working requests
• managing performance remotely
• supporting wellbeing and identifying early warning signs
• applying policies consistently and fairly
• understanding legal obligations and risk areas

Well-trained managers are better equipped to balance flexibility with accountability, reducing risk and improving employee experience.

Section H: Summary and conclusion

Working from home has become a permanent feature of the UK employment landscape rather than a temporary or exceptional arrangement. For employers, this shift brings both opportunity and responsibility. While working from home can support flexibility, resilience and access to talent, it also requires careful management to ensure legal compliance, fairness and sustained performance.

There is no general legal right to work from home, but employees have a statutory right to request flexible working from day one of employment. Employers must handle working from home requests lawfully, consult before refusing a statutory request and rely only on the permitted business reasons where refusal is necessary. Clear processes and consistent decision-making are essential to managing risk and maintaining trust.

Employers’ duties around health and safety, working time, data protection and equality apply fully in a working from home context. Risk assessments, DSE compliance, secure data handling and proportionate monitoring are all critical components of a compliant home working model. Employers should also remain alert to equality and reasonable adjustment issues, particularly where working from home is linked to disability or caring responsibilities.

A clear working from home policy, supported by effective management practices and appropriate technology, provides the foundation for success. By setting expectations clearly, supporting wellbeing and training managers to lead remote teams effectively, employers can make working from home sustainable for the long term while protecting the organisation from legal and employee relations risk.

Section I: Need assistance?

DavidsonMorris can help with all aspects of working from home and remote workforce management, including employment law compliance, flexible working processes and policy development. We support employers in designing and implementing working from home and hybrid models that align with business objectives while meeting legal obligations.

Our team advises on working from home policies, flexible working requests, health and safety compliance, data protection risk and employee relations issues, providing practical, commercially focused solutions.

Speak to our experts today for advice.

Section J: FAQs

Is there a legal right to work from home in the UK?
There is no general legal right to work from home. However, employees have a statutory right to request flexible working, which can include working from home, from the first day of employment. Employers must consider requests lawfully but do not have to agree to them.

Can employers refuse a working from home request?
Yes. Employers can refuse a statutory working from home request if one or more of the permitted business reasons apply and the correct process has been followed, including consultation with the employee.

Do employers have health and safety duties for employees working from home?
Yes. Employers’ health and safety duties apply to employees working from home. Employers should carry out risk assessments, including DSE assessments, and provide guidance and support to ensure home working arrangements are safe.

Can employers monitor employees who are working from home?
Employers can monitor employees working from home where there is a legitimate business need, but monitoring must be proportionate, transparent and compliant with data protection law. Intrusive or excessive monitoring can create legal and employee relations risk.

Are employers required to pay working from home expenses?
There is no automatic requirement to reimburse all home working expenses. However, employers should ensure employees have the equipment needed to work safely and effectively and apply expenses policies consistently.

Can employers require employees to attend the office if they work from home?
This depends on the contractual terms and any agreed hybrid arrangements. Where attendance requirements are clearly documented, employers can usually require office attendance for legitimate business reasons.

How should employers manage underperformance for home workers?
Underperformance should be managed through normal performance management processes, focusing on outputs and expectations rather than physical presence. Working from home does not change performance standards.

Does working from home affect promotion or development opportunities?
It should not. Employers should ensure that employees working from home have equal access to feedback, development and progression and that decisions are based on objective criteria rather than visibility.

Section K: Glossary

Section L: Additional resources

ACAS – Flexible working and working from home
https://www.acas.org.uk/flexible-working

Health and Safety Executive – Home working and DSE
https://www.hse.gov.uk/toolbox/workers/home.htm

Information Commissioner’s Office – Working from home and data protection
https://ico.org.uk/for-organisations/working-from-home/

CIPD – Supporting wellbeing for remote and hybrid workers
https://www.cipd.co.uk/knowledge/culture/well-being/mental-health-supporting-guidance