Do You Have a Legal Right to Work from Home?

With Lord Sugar recently advising people that, “they’ve got to get their bums back into the office” (see here) we have a look at whether you have a legal right to work from home in England and Wales.

The question is nuanced, as it largely depends on individual employment contracts, company policies and specific circumstances. Here are the key points to consider regarding the right to work from home in this context.

1. Employment Contracts and Company Policies

– Contractual Terms: Your right to work from home may depend on the terms outlined in your employment contract. Some contracts explicitly state the work location, while others may include flexibility regarding remote working arrangements.

– Company Policies: Many organisations have their own policies regarding remote work. These policies can dictate whether employees can work from home and under what conditions. Always check your employer’s policy to understand your options.

2. Right to Request Flexible Working

– Flexible Working Request: Under the Employment Rights Act 1996, employees with at least 26 weeks of continuous service have the right to request flexible working arrangements, which can include working from home. 

– Making a Request: To initiate this process, you need to submit a formal request to your employer, outlining the nature of your request and how it can be accommodated. Your employer is legally obliged to consider this request seriously but is not required to approve it.

– Grounds for Refusal: Employers can refuse the request based on specific business reasons, such as the impact on service delivery, operational requirements or the need for team collaboration.

3. Health and Safety Considerations

– Employers’ Responsibilities: Employers have a duty under the Health and Safety at Work Act 1974 to ensure that work environments, including home offices, are safe for employees. Employers need to assess and mitigate any risks associated with remote work.

– Employee Feedback: If you encounter any health or safety issues while working from home, it is essential to report them to your employer, as they have a responsibility to address such concerns.

4. Individual Circumstances

– Job Nature: The ability to work from home also depends on the nature of your job. Some roles may lend themselves more easily to remote work, while others may require physical presence at the workplace.

– Performance and Trust: Employers may consider individual performance and trust levels in determining if you can work from home. Demonstrating a history of productivity and reliability may strengthen your case.

Conclusion

In conclusion, while you do not have an automatic legal right to work from home in England and Wales, you can request flexible working arrangements if you meet certain criteria. Note however that your employer is only under an obligation to consider your request seriously and not necessarily to grant it. The ability to work remotely can depend on employment contracts, company policies and the nature of your job. If you’re considering a request to work from home, familiarise yourself with your rights and your employer’s policies, and approach the matter with a clear and reasoned request. If you encounter challenges or if your rights are infringed upon, consider seeking advice from us or a trade union representative if you are a meme net of a trades union.

This blog was prepared by Alexander JLO’s senior partner Peter Johnson on the 14th February 2025 and is correct at the time of publication. Peter has over 40 years’ experience in the areas of Employment Law and is a member of the Employment Lawyers Association.

Peter’s profile on the independent Review Solicitor website can be viewed here.