Remote working policy

A remote working policy has to distinguish between three quite different things, because the obligations attached to each are different. An informal arrangement that the business can withdraw. A statutory flexible working request, which carries a process and deadlines. And a permanent change to where someone works, which is a change to their contract.

The third is the one most often handled as though it were the first. A permanent change should be recorded in a signed written variation, and informal or temporary arrangements should be labelled as such, so that they do not harden into contractual rights through months of unremarked practice.

The statutory request process

Treat the dates at clause 6 as deadlines rather than targets. Consult before refusing. Refuse only for one of the listed business reasons. Give the decision in writing within two months unless a longer period has been agreed in writing.

The clause is drafted to stay correct as the law tightens. The Employment Rights Act 2025 will require an employer to show that a refusal is reasonable, so the policy commits to explaining why the business reason applies rather than simply naming a ground. That wording should not be watered down.

What the policy covers

Purpose and status, who it applies to, and the types of arrangement available. Working from another country. Informal requests and statutory flexible working requests. Trial periods and review. Working hours, availability and rest. Health, safety and wellbeing, including the workspace itself. Equipment and expenses, with two options, one where the company provides equipment and one where it pays a homeworking allowance. Data protection, confidentiality and security. Insurance, mortgage and tenancy, which remote workers are rarely told to check. Communication, supervision and performance. Attending the office when required. Changing or ending an arrangement.

Two things to get right

Carry out a display screen equipment assessment for every remote worker before they start, and keep it under review. The duty does not stop at the office door.

Never approve work from another country until you have taken tax, immigration, data protection and insurance advice. Approval can create obligations in that country for the business as well as for the individual, and those obligations are not undone by the arrangement ending.

Take advice before refusing a request from someone who is disabled, pregnant or has caring responsibilities, and before withdrawing an arrangement that has become contractual.