QUESTIONS ANSWERED IN THIS SECTION:

• Are my employees entitled to work from home?
• What are my responsibilities as an employer if my employees are working from home?
• What equipment must I provide for employees working from home?
• Where can I find more information on allowing my employees to work from home?
• If I allow my employees to work from home can they refuse to return to the office once restrictions lift?
• Do I need to update employee contracts if they are working from home due to COVID-19?

Are my employees entitled to work from home?

No, working from home is a benefit and not an entitlement under normal circumstances. However, under the plan produced by Government for living with covid, there is guidance in place to advise employers when working remotely should be implemented

Level	Restrictions
Level 1	Work from home if possible. Attendance at work for specific business requirements and on a staggered attendance basis.
Level 2	Work from home if possible. Attendance at work for essential on-site meetings, inductions and training.
Level 3	Work from home unless absolutely necessary to attend in person.
Level 4	Only essential and other designated workers should go to work.
Level 5	Work from home unless essential for work which is an essential health, social care or other essential service and cannot be done from home.

What are my responsibilities as an employer if my employees are working from home?

Employers have specific duties to ensure the safety, health and welfare at work of all employees. These duties include the employee’s workspace where employees are required to work from home.

Key duties that apply to the work activity and workspace include:

• managing and conducting all work activities to ensure, as far as reasonably practicable, the safety, health and welfare of employees,
• providing safe systems of work that are planned, organised, and maintained,
• assessing risks and implementing appropriate control measures,
• providing safe equipment including personal protective equipment, where necessary,
• providing information, instruction, training and supervision regarding safety and health to employees, and
• having plans in place for emergencies.

Responsibility for health and safety at work rests with the employer whether or not that work is being done at the worker’s home.

• Employers need to consult with their employees to assure themselves:
• that the employee is aware of any specific risks regarding working from home,
• that the work activity and the temporary workspace are suitable,
• that they provide suitable equipment to enable the work to be done, and
• that there is a pre-arranged means of contact.

What Equipment must I provide for employees working from home?

Equipment already in use in the workplace e.g. laptop, mouse, monitor, keyboard and headset could be used for temporary home-working. If the employer provides any equipment, it must be in good condition and suitable for the work activity.

Note: Suitable equipment already available in the employee’s home can be considered for temporary work from there.

Where can I find more information on allowing my employees to work from home?

The Health and Safety Authority have a FAQ document on remote working available here.

DBEI have produced guidance on home working available here.

The Data Protection Commission have produced guidance on data protection issues while working from home available here.

If I allow my employees to work from home can they refuse to return to the office once restrictions lift?

No, working from home is a benefit and not an entitlement. If a temporary arrangement is put in place during Covid-19 restrictions the employer can retract this benefit as restrictions lift.

Do I need to update employee contracts if they are working from home due to Covid-19?

No, If the arrangement is temporary in nature then it is not necessary to update contracts. If you propose to make the change permanent then it would be advisable to issue a contract amendment letter to reflect the change.