Working from home health and safety FAQs

Under the new Flexible Working Bill in the UK, all employees have the right to request flexible working, including working from home, from day one of employment. While employers are not obligated to grant every request, they must consider it reasonably and provide a valid business reason if declining.

From 6 April 2024, the Employment Relations (Flexible Working) Act 2023 introduced significant updates to flexible working rights in the UK:

• Right to request from day one. Employees will be able to request flexible working arrangements from the start of their employment, removing the previous requirement of 26 weeks of service.
• More requests allowed. Workers can now make up to two flexible working requests in any 12-month period, doubling the previous limit of one per year.
• Mandatory consultation. Employers must consult with employees before rejecting a flexible working request, ensuring decisions are handled fairly and transparently.
• Quicker decisions. Employers must respond to requests within two months, rather than the previous three-month timeframe.

These changes aim to enhance workplace flexibility and encourage employers to adopt more inclusive and adaptable working practices.

Yes, an employer can refuse to let an employee work from home, but the onus is on the employer to prove that they have a valid reason for the refusal.

They must demonstrate that rejecting the request is based on clear, justifiable business reasons, such as the need for in-person collaboration or tasks that cannot be effectively carried out remotely.

Remote work might be impossible for some roles and organisations. Employers can refuse an application if they have a good reason for doing so.

Reasons an employer can reject an application include:

• Additional costs.
• Physically not being able to undertake the work from home.
• Being unable to reorganise work amongst staff.
• A lack of work during the proposed working times.

Yes, you can work remotely from another country for a week, but it depends on your employer’s policies and legal considerations such as tax, visa, and data protection regulations. Always seek approval from your employer and verify local requirements before working abroad.

Employers have a duty of care under the Health and Safety at Work etc. Act 1974 to ensure the health, safety, and wellbeing of employees working from home. This includes conducting risk assessments to identify and mitigate hazards in the home workspace, ensuring equipment is safe and suitable, and providing necessary training and support.

Employers must also comply with the Display Screen Equipment (DSE) Regulations for home-based workers using computers.

According to the HSE, employers are required to protect the health, safety, and welfare of employees who are homeworkers. Employers should carry out a homeworker’s risk assessment and take appropriate measures.

Yes, employers are still legally responsible for the health and safety of employees working from home, so far as is reasonably practicable.

Under the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999, employers must assess risks associated with remote working (such as display screen equipment, musculoskeletal issues, and stress), provide suitable information and training, and put appropriate control measures in place, even when employees are working from home.

The health and safety considerations for home workers should be the same or very similar to those in the workplace.

Things to consider for home workers include mental health issues, workstation set-up and working environment.

Yes, employers are legally obligated to assess and address risks for all employees, including those working remotely.

A home working risk assessment should be completed when an employee starts working from home or if there are significant changes to their working environment or tasks. Regular reviews are also recommended to ensure ongoing safety and compliance.

Yes, self-employed people must conduct a risk assessment if their work poses a risk to themselves or others. This is required under the Health and Safety at Work etc. Act 1974.

However, if their work presents no risk to others and is considered low-risk, such as office-based work, a written risk assessment is not necessary.

Common hazards include poor workstation setup, increased risk of musculoskeletal issues, stress, and isolation.

The risks of working from home include poor ergonomics leading to musculoskeletal issues, increased isolation affecting mental health, difficulty separating work and personal life, and potential cybersecurity vulnerabilities.

Employers must address these risks through proper assessments, support, and resources.

The most common risk of working from home is musculoskeletal problems, particularly lower back pain, which is strongly linked to poor workstation set-up, prolonged sitting, and reduced movement when working from home.

Our online DSE assessment tool can help by identifying posture and setup issues, assessing individual risks, and providing practical recommendations to reduce discomfort and prevent musculoskeletal injuries.

Employers must ensure that employees have a safe and ergonomic workstation. This may include providing appropriate equipment, such as a chair, if necessary.

To stay safe while working remotely, you should set up an ergonomic workstation, take regular breaks to move and stretch, and avoid prolonged periods of sitting in one position, as research shows musculoskeletal issues — particularly lower back pain — are the most common risk of home working.

Completing an online DSE assessment can help identify poor posture, equipment issues, and environmental risks, and provide practical adjustments to reduce discomfort and prevent injury.