Working From Home Policy: HR Guidelines

With more employees than ever working remotely, employers must ensure they have a working from home policy in place that clearly sets expectations, supports productivity and wellbeing, and ensures compliance with UK employment law.

A well-drafted working from home policy helps employers manage operational risk, apply consistent standards across the workforce, and respond lawfully to flexible working requests. It also plays an important role in protecting the business where homeworking becomes a regular or permanent arrangement.

Homeworking is where a member of staff is permitted to carry out their contractual duties from home on an occasional, temporary, permanent or hybrid basis. There are various benefits to homeworking for employers, including reduced overheads, more efficient use of office space, and improved attraction and retention of staff. When managed properly, homeworking can also support productivity and employee engagement.

This guide for employers explains the law on working from home, outlines employer responsibilities, and sets out what a working from home policy should include as a matter of best practice.

Section A: The law on working from home in the UK

There is no statutory right to work from home in the UK. However, employment contracts and related documents, such as staff handbooks or a working from home policy, may include provisions dealing with remote or flexible working arrangements.

Where homeworking is agreed, employees continue to work under the core terms of their contract of employment, including pay, duties and working hours, unless those terms are formally varied. If homeworking is agreed on a permanent basis, this may amount to a contractual change and should be documented accordingly.

Working from home is one form of flexible working. Under the Employment Relations (Flexible Working) Act 2023, which took effect from April 2024, employees have the right to request flexible working from the first day of employment. This includes requests to work from home on a full or hybrid basis. Employees may make up to two flexible working requests in any 12-month period.

Employers are not required to agree to every request. However, they must deal with requests in a reasonable manner, consult with the employee before refusing, make a decision within two months, and only refuse for one or more of the statutory business reasons.

1. Flexible working requests and lawful refusal grounds

The permitted grounds for refusing a statutory flexible working request include additional costs, a detrimental impact on customer demand, an inability to reorganise work, a negative impact on quality or performance, insufficient work at the proposed times, or planned structural changes.

A working from home policy should sit alongside the organisation’s flexible working policy and support a consistent, lawful approach to handling requests. It should also help managers apply a consistent approach to decision-making, consultation, documentation, and communication.

2. When homeworking becomes contractual

Employers should be clear whether homeworking is agreed on a temporary basis, as part of a trial period, or as a permanent arrangement. Where homeworking is agreed permanently, or where the practical reality becomes long-term homeworking, employers should consider whether changes should be reflected in the contract and supporting documentation.

This is particularly important where homeworking affects key contractual terms such as place of work, travel expectations, attendance at the employer’s premises, working hours, or arrangements for business expenses. A clear working from home policy supports this by setting out how homeworking operates and when contractual documentation should be reviewed.

Section B: Employer responsibilities when employees work from home

Employers owe a duty of care to employees regardless of where they work. This duty continues to apply when an employee works from home, whether on a temporary or permanent basis.

1. Health and safety obligations

By law, employers must take reasonable steps to ensure employees can work safely at home. This usually involves carrying out a homeworking risk assessment, which can often be completed via a self-assessment questionnaire rather than a physical inspection.

Risk assessments should focus on practical homeworking risks, including the suitability of the workspace, display screen equipment setup, lighting, posture and ergonomics, trip hazards and basic electrical safety. Employers should also ensure employees understand how to raise concerns about their home setup and what steps the business will take where risks are identified.

Where an employee raises a concern or the assessment identifies a risk, the employer should consider what reasonable steps can be taken to reduce that risk. This may include providing guidance on safe setup, adjusting tasks, providing equipment or considering alternative arrangements where homeworking is not safe or suitable.

2. Equipment, resources and support

Employers must ensure employees can perform their role safely and effectively when working from home. This may involve providing equipment such as a laptop, secure access to systems, or business software, and ensuring employees have appropriate training and technical support where remote systems are introduced.

There is no absolute legal requirement to provide all equipment in every case. Some employers agree that staff can use their own equipment, but where this is permitted the arrangement should be documented and minimum standards should be set to protect the business, maintain security, and ensure work can be carried out reliably. Any approach should also be applied consistently to avoid unfairness and employee relations issues.

Employers should also be clear on expectations around IT support, reporting faults, and how downtime is treated where equipment or system access problems prevent the employee from working.

3. Wellbeing and mental health

The duty of care extends to mental health and wellbeing. Employers should maintain regular contact with homeworkers to reduce the risk of isolation, stress, or disengagement, and to ensure employees remain supported and connected to their team and management structures.

Managers should understand how to check in appropriately, identify warning signs of stress or burnout, and respond proportionately where concerns arise. This includes ensuring workloads remain manageable, providing clarity on priorities, avoiding unnecessary out-of-hours expectations, and signposting employees to available support.

Maintaining regular communication is also important to the operational needs of the business. A working from home policy can support this by setting minimum contact expectations and explaining how employees should collaborate, report progress, and raise concerns.

Section C: What should a working from home policy include?

A working from home policy should provide clarity for both employees and managers by setting out how homeworking operates in practice, how requests will be managed, and what standards apply when employees work remotely. The policy should distinguish between legal obligations and organisational expectations, helping to manage risk while supporting flexible working arrangements.

1. Eligibility and approval

The policy should explain who may be eligible to work from home and the process for requesting approval. Employers are entitled to limit eligibility based on the nature of the role, operational requirements, customer needs, or business continuity considerations.

Not all roles are suitable for homeworking, and employers are not required to offer homeworking across the entire organisation. The policy should clearly explain this position and outline the criteria used to assess requests, helping to manage employee expectations and reduce the risk of disputes.

Eligibility decisions must be applied consistently and objectively. Employers should ensure that decisions do not unlawfully discriminate against employees with protected characteristics under the Equality Act 2010 and that reasonable adjustments are considered where disability-related issues arise.

2. Risk assessments and personal circumstances

The policy should explain how homeworking risk assessments will be carried out and what information employees are expected to provide. This will usually involve a self-assessment process focused on the safety and suitability of the home workspace rather than an inspection of the employee’s home.

Any questions about health, disability, or personal circumstances must be handled carefully. Health information is classed as special category data under UK GDPR and should only be requested where necessary, proportionate, and relevant to workplace safety or the consideration of reasonable adjustments. Employees should not be required to disclose medical conditions as a matter of routine.

Where an employee voluntarily discloses information that may affect their ability to work safely from home, employers should consider what reasonable steps can be taken to support them while ensuring compliance with data protection obligations.

3. Homeworking arrangements and expectations

A working from home policy should set clear expectations around how employees are expected to work remotely and how performance will be managed. This includes setting out working hours, availability, communication arrangements, and reporting lines.

The policy should also explain expectations around breaks, rest periods, and managing workloads to ensure compliance with working time requirements and to avoid excessive working hours. Employers should be clear that homeworking does not mean constant availability and should support healthy boundaries between work and personal time.

Setting clear expectations helps reduce the risk of misunderstandings, performance issues, or disputes, and provides managers with a framework for managing remote teams consistently and fairly.

Section D: Managing risk, data protection and ongoing support

A working from home policy should also address the wider risks associated with remote working, including data protection, cyber security, communication, and ongoing support for employees. Clear rules in these areas help protect the business while enabling homeworking arrangements to operate effectively.

1. Data protection and cyber security

Homeworking increases the risk of data breaches and loss of confidential information. A working from home policy should reinforce employees’ obligations under UK GDPR and the Data Protection Act 2018, making clear that data protection standards apply equally when working remotely.

The policy should set out expectations around secure handling of personal data, including the use of strong passwords, secure storage of documents, and restrictions on printing or storing hard copy materials at home. Where employees are permitted to use their own devices, the policy should specify minimum security requirements and explain how business data must be protected.

Employers may also wish to address the use of public Wi-Fi, secure access to company systems, and reporting procedures where a data breach or security incident is suspected.

2. Communication and keeping in touch

Regular communication is essential to both operational effectiveness and employee wellbeing. A working from home policy should explain how homeworkers are expected to keep in touch with their manager and colleagues, including the use of video calls, messaging platforms, or regular check-ins.

The policy should also explain how employees can raise concerns, report issues, or request support while working remotely. Clear communication expectations help reduce isolation, maintain team cohesion, and ensure issues are identified and addressed promptly.

Employers should ensure that communication arrangements are reasonable and proportionate, avoiding unnecessary monitoring or intrusion into employees’ private lives.

3. Supporting flexibility and ongoing review

Homeworking arrangements should be kept under review to ensure they remain effective for both the employee and the business. A working from home policy should explain that arrangements may be reviewed periodically and adjusted where necessary, particularly where business needs change or issues arise.

For employees with caring responsibilities or other personal circumstances, employers should take a sensitive and flexible approach where possible, while balancing operational requirements. Temporary arrangements may need to be adjusted over time, and the policy should provide a framework for reviewing and amending arrangements fairly and transparently.

By setting out how homeworking arrangements are monitored and reviewed, employers can manage expectations and reduce the risk of disputes.

Conclusion: Why a clear working from home policy matters

A clear and well-implemented working from home policy plays an important role in helping employers manage legal risk, maintain productivity, and support employee wellbeing in a modern working environment.

While there is no legal right to work from home, employees do have statutory rights to request flexible working, and employers must handle those requests lawfully and consistently. A robust policy supports this process by setting clear expectations, providing managers with a framework for decision-making, and helping to ensure compliance with employment, health and safety, and data protection law.

Without clear guidance, homeworking can give rise to issues such as reduced performance, blurred working boundaries, employee disengagement, and disputes over availability or workload. By setting out eligibility criteria, safety arrangements, communication expectations, and review mechanisms, employers can ensure that homeworking arrangements operate effectively and fairly.

A working from home policy should not be treated as a static document. Regular review ensures it continues to reflect business needs, legal developments, and evolving ways of working, while providing clarity and protection for both the organisation and its workforce.

Working from home policy FAQs

What should be included in a working from home policy?

A working from home policy should set out eligibility criteria, how employees can request homeworking, health and safety arrangements, expectations around working hours and availability, performance management, data protection requirements, and how homeworkers will be supported and reviewed. The policy should also explain how flexible working requests will be handled in line with statutory requirements.
Is there a legal right to work from home in the UK?

There is no legal right to work from home in the UK. However, employees have a statutory right to request flexible working from day one of employment, which may include a request to work from home. Employers must consider such requests lawfully but are not required to approve them.
Can an employer refuse a request to work from home?

Yes. Employers can refuse a request to work from home provided they follow the statutory flexible working procedure, consult with the employee, and rely on one or more of the permitted business reasons for refusal, such as cost, impact on performance, or operational feasibility.
Does working from home change an employee’s contract?

Working from home does not automatically change an employee’s contract. However, where homeworking is agreed on a permanent basis, or where it affects key contractual terms such as place of work, employers should consider whether a formal contractual variation is required.
Are employers responsible for health and safety when staff work from home?

Yes. Employers continue to owe a duty of care to employees working from home. This includes taking reasonable steps to ensure the employee can work safely, usually through a homeworking risk assessment and ongoing communication about health, safety, and wellbeing.

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