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The Flexible Working Act gives employees the right to request an adjustment to their working hours, working times, or place of work — for example, working from home — but not an unconditional right to do so. You must seriously consider the request and, if granted, arrange a number of matters.
Right to a request, not to work from home
The Flexible Working Act grants individual employees the right to submit a request to work from home or another flexible arrangement. This does not mean that the employee automatically has the right to work from home: you must consider the request and justify your decision, especially in the event of a rejection.
Assessing the request
Assess a request as reasonable and well-motivated. Stricter rules apply to adjustments to working hours than to the workplace; you may refuse a request to work from home based on your interests, but this must be substantiated. Good employership requires careful consideration.
What do you need to arrange for flexible working?
If you wish to allow flexible working, establish agreements regarding availability, working hours, compensation, data security, and the layout of the workplace. Your occupational health and safety duty also applies when working from home, albeit under a lighter regime.
Establish the policy
A clear provision in your employee handbook or employment contract prevents ambiguity and unequal treatment. This ensures everyone knows under what conditions flexible working is possible.
Frequently Asked Questions
Does my employee have the right to work from home?
He has the right to make a request, not to work from home automatically. You must, however, consider the request and make a reasoned decision.
Am I allowed to refuse a request to work from home?
Yes, but substantiated on the basis of your interests. An unmotivated rejection will not stand.
What do I need to arrange if I allow flexible working?
Agreements regarding accessibility, working hours, remuneration, security, and the workplace, plus your occupational health and safety duty of care.
Want to arrange flexible working properly?
Our legal experts establish a provision in your employee handbook or employment contract. View our employment lawteam or schedule a free consultation.
