Supporting worklife balance: NHSScotland PIN policy

Annex G: Model Homeworking Policy

1 Applicability and Definitions

This policy applies to any post where work is performed at or from home instead of at or from the employer's premises for a significant proportion of the contractual working hours.

1.1 Working at Home (see Section 4)

This is where staff wish, with the approval of their manager, to work at home for part of their working time even though their contract of employment requires them to have their office based on the employer's premises.

Sections 1-4 only of this policy apply. The annexes do not apply.

1.2 Working from Home (see Section 5)

This is where staff are required in their contract of employment to have their office based in their home, even though they may work other than at home for part of their working time. Such staff will be referred to hereafter as "Homeworkers".

All of this policy applies, with the exception of section 4. Appendices 1 - 3 inclusive apply.

2 Equality

The organisation is committed to promoting and practising equal opportunities in employment. This includes giving staff the opportunity to work more flexibly wherever practicable.

The organisation will review the composition of homeworkers as a proportion of the workforce to ensure no unjustified indirect discrimination takes place.

This policy should be read in conjunction with the organisation's Equality, Diversity and Human Rights Policy.

3 Rationale

There are a number of reasons why homeworking and working at home is desirable, including:

• Providing greater flexibility;
• Increasing scope to meet the organisation's commitment to equal opportunities, e.g. it may enable a person with disabilities to do a job they otherwise would not be able to do;
• Reducing energy consumption and pollution from unnecessary car journeys;
• Broadening the traditional recruitment market and gaining access to alternative labour markets;
• Attracting and retaining staff;
• Providing a working environment which enables work to be carried out effectively and efficiently.

Key points to bear in mind are that:

• Those working from home/teleworking have the same employment rights as office-based workers; and
• It should be agreed that employer and employee will review the practice regularly and, if necessary, to revert to previous arrangements.

4 Working at Home

4.1 Definition

'Working at Home' occurs when an employee agrees with their manager to work at home for part of their working time, even though their contract of employment requires them to be based on the employer's premises.

4.2 Guidance for working at home:

• Working at home should be used to undertake specific work activities;
• Frequency and duration of working at home should be agreed with the manager and relevant colleagues;
• Reasonable notice of a wish to work at home must be given;
• Once there is an agreement that an individual is to work at home for a part of a day, given day or given period of days, the arrangement should be respected in so far as possible;
• Staff working at home may be recalled to work premises at short notice;
• In cases where staff working at home are frequently recalled to work premises at short notice, working arrangements should be reviewed;
• Individuals and colleagues/managers should jointly monitor the impact of time spent working at home;
• Staff working at home are required to carry out their work duties during their normal hours of work. Any domestic arrangements such as childcare/carer arrangements must remain in place throughout the hours of work;
• Perceived problems caused by staff working at home should be addressed within departments and/or teams;
• Staff working at home must be contactable by telephone and/or email;
• Where an employee works at home more than 50 days in any one calendar year, that employee's manager shall actively review ways of working with particular regard to location of the workplace.

5 Working from home (Homeworkers/Teleworkers)

5.1 Definition

Staff are referred to as 'homeworkers' where they are required in their contract of employment to have their office based in their home, even though they may be other than at home for part of their working time.

5.2 Criteria to determine suitable posts

The manager and HR representative will agree the number and type of jobs to be operated in line with this policy. If a current member of staff requests to work from home they will participate fully in these discussions. Selection is undertaken in the following stages:

Stage 1: The Nature of the Role:

• The role requires a high degree of personal concentrated work with very limited interaction and can be done at home in isolation from colleagues;
• The role effectively has no need for, or would derive limited benefit from, an office base;
• There is no 'face to face' service at the work base (the home).

Stage 2: Health and Safety Assessment
Individuals who are planning to work from home should complete the attached self-assessment form (Annex 1) to ascertain whether their home needs to be assessed by a risk assessor. The purpose of any such assessment is to establish the suitability of their home for working against health and safety standards and the requirements as specified within Annex 2.

Stage 3:Capability, Personal and Role Development
Selection must be in accordance with the competencies and criteria which have been identified as essential to being able to work productively and competently in the home environment, i.e.:

• Competency to deliver the role effectively without supervision;
• Understanding of the impact of homeworking on the home environment;
• Self-motivation, self-discipline and possession of good time management skills;
• Clarity of role, deadlines and objectives with feedback;
• Clarity of personal development plan and monitoring arrangements.

The above selection criteria will be reviewed according to the needs of the service, and may vary dependent on the specific job roles.

5.3 Regular Information/Support/Communications

The following provides guidance to managers and staff to ensure that those who work from home form an integral part of a team:

• The manager should ensure that each homeworker has the opportunity to meet with their team at least once a week;
• In addition to regular and detailed team briefings, line managers will ensure that there are regular communications, as appropriate, made between the office-based team and homeworkers. Homeworkers and their managers should meet on a regular basis to evaluate and develop effective communication links. Homeworkers should receive all relevant information, briefing papers and internal departmental communications;
• Clear objectives are required with specific targets and the organisation of work into a series of 'deliverable' segments;
• Homeworkers should be allocated a work area using principles of 'hot-desking', if appropriate, within work premises for the time they are expected to attend work;
• Homeworkers shall be supplied with relevant IT. equipment, e.g. e-mail, telephone conference facilities, computer, etc. to allow them to work effectively.

5.4 Terms and Conditions of Employment

The terms and conditions set out below must be agreed before homeworking begins.

5.4.1 Place of Work:

• The contract will define the normal place of work as the employee's home. Should the individual move to a different home address, then the suitability of those premises will be assessed and homeworking will only continue with the employer's express agreement;
• The contract shall provide that the employee is required to attend work premises at reasonable notice and for whatever periods may be necessary. Purposes may include meetings, reporting sessions, submission of completed work and training;
• At the determination of the organisation, the employee will be required to live within a reasonable travelling distance of work premises for meetings, briefings, training, etc. in line with arrangements for office-based staff. This requirement will be specified at the time of advertising and when notifying staff of homeworking;
• There may be occasions, as a result of system or equipment failure, when the employee will be required to work from work premises. Arrangements will be agreed in relation to such circumstances between the line manager and employee prior to the commencement of homeworking;
• The organisation, by prior appointment, has the right to enter the employee's home to inspect equipment and methods of storage, including a right of access to filing cabinets and to computer files relating to the organisations' activities.

5.4.2 Hours of Work

Hours of work will be as for staff based in work premises.

5.4.3 Domestic Arrangements

Homeworkers are required to carry out work duties during their normal hours of work. Any domestic arrangements such as childcare/carer arrangements and any other arrangements that the member of staff would require to have in place to enable him or her to attend the workplace must remain in place throughout the homeworker's hours of work.

5.4.4 Reimbursement of Expenses

Reimbursement of business travel costs will be based on the home address as the normal place of work and will be in line with organisational policy.

5.5 Equipment and Workstation

• The organisation will provide, for homeworkers, equipment as outlined and agreed as above. The organisation will be responsible for installation, maintenance, repair and removal as required. Stationery and similar office materials will be supplied by the employer;
• The organisation will, at its discretion and up to specified limits, reimburse the homeworker for the previously agreed purchase of essential equipment, e.g. desk, chair, filing cabinet;
• The homeworker is responsible for keeping all such equipment in good condition, reasonable wear and tear excepted, and for reporting any damage or malfunction to the line manager;
• The homeworker shall be responsible for ensuring that equipment and furniture purchased meets health and safety requirements as outlined within Annex 2;
• On termination of the contract of employment, the employer will have the right to recover all its property including equipment, software and copy documents and files. Without prejudice to the organisation's legal right, entry to the employee's home should always be by mutual agreement; Alternatively, the homeworker may opt to keep the equipment and/or furniture in exchange for a payment equal to the original cost, less 3% of the value per month of service since its purchase; otherwise the employer will have the right to remove the equipment;
• The homeworker shall arrange for a business telephone line to be installed solely for business usage, as applicable, and all call and rental charges will be invoiced to the employer. A softphone or mobile phone may be used as an agreed alternative to this;
• Additional and/or specialist equipment may be required, due to a homeworker's disability. On such occasions it may be appropriate to have the workplace assessed by the local Disability Employment Adviser to advise on equipment available under the access to work scheme.

6 Taxation and Insurance Arrangements

6.1 Based on current legislation, it is not expected that there should be any additional personal taxation or Benefit in Kind implications on the homeworker as a result of working from home. Employees should be encouraged to contact HMRC to satisfy themselves as to any tax liability or relief arising from working from home.

6.2 It is not expected that there will be any Capital Gains Tax implications if the room used for working from home is dual purpose (i.e. occupies under 10% of the employee's home). However, homeworkers should contact HM Revenue & Customs to confirm their individual circumstances.

6.3 Insurance arrangements are a joint responsibility between the employee and the employer. Homeowners must provide evidence of adequate insurance cover prior to commencing homeworking.

7 Withdrawal from Homeworking

'Homeworking' is regarded as a long-term commitment both for the organisation and staff. Notwithstanding this, homeworkers may seek to discontinue the arrangements and request to be based in work premises. The organisation will not unreasonably refuse such a request and will seek to agree to such a request where it deems this practicable. The line manager will take a compassionate approach to requests made due to exceptional personal circumstances.

Homeworkers will be required to co-operate in enabling the organisation's property to be removed from their home upon termination of employment.

8 Monitoring and Review

'Homeworking' undertaken within the organisation will be monitored and reviewed on at least a two year basis to ensure that the terms of this policy are operating effectively. If they are not, the organisation reserves the right to review a homeworker's place of work after discussion with the member of staff.

Annex G,
Appendix 1

Health and Safety Audit: Homeworker's Self-assessment

A risk assessment must be completed by the individual planning to work from home and be counter-signed by their manager. The purpose of this is to ascertain whether a full health and safety assessment should be undertaken on the individual's home environment by a risk assessor. This assessment should be completed and returned to HR before the organisation agrees to a member of staff working from home.

Name
Address
Telephone No.
Department
Job Title	Please forward a copy of your job description with this completed form
		Please tick appropriate box
1	Do you anticipate spending more than 20% of your time working at your home base?	Yes	No
	If yes, do you anticipate spending more than 50% of your time working at your home base?	Yes	No
2	Do you have a room at home which will be used specifically as an office base?	Yes	No
	If you answered no to the above question, within which room in the home will the work be undertaken?
	How much space in this room will be required to carry out your role effectively?
	Is there sufficient space within this room to carry out your role effectively?	Yes	No
	Is there adequate ventilation, reasonable temperature, and suitable lighting within the home to perform the role effectively and in comfort?	Yes	No
3	Will you be using your PC continuously for an hour or more at a time?	Yes	No
	Will you be using the PC every day?	Yes	No
	If not, how often will you be required to use your PC at your home base?	Yes	No
4	Do you have adequate first aid provisions in the home?	Yes	No
5	Are you likely to have to carry or move heavy loads in the home as part of your role?	Yes	No
	If yes, what manual handling activities will be undertaken in the home?
6	Is your electricity supply adequate for homeworking? E.g. are there sufficient sockets, etc? (Consult a qualified electrician if necessary)	Yes	No
If you believe there is additional information we may require in relation to health and safety issues of working at home, please set this out below.

Annex G, Appendix 2

Homeworking Health and Safety Issues

In accordance with Section 2(1) of the Health & Safety at Work etc. Act 1974 ("HASAWA") there is a duty on every employer "...to ensure, as far as is reasonably practicable, the health, safety and welfare at work of all its employees".

In particular, the employer is responsible for:

• The provision and maintenance of the organisation's equipment and systems of work that are safe and without health risks;
• Ensuring safety and absences of health risks in the use, handling, storage, and transport of articles; and
• The provision of information, instruction, training and supervision necessary to ensure health and safety.

The employer will make a suitable and sufficient assessment of all the risks to the health and safety of their homeworkers by identifying any hazards in the home, assessing the risks those hazards might pose to the homeworkers, and other occupants of and visitors to the home, and taking appropriate action to remove those risks or reduce them as far as possible. The homeworker is required to assist in that process by completing a preliminary Health and Safety Self-Assessment Audit (Appendix 1). This assessment should take place before a new employee, or existing member of staff is designated a homeworker and then reviewed on a regular basis.

Homeworkers are required to take reasonable care for their own health and safety and that of other persons who may be affected by their acts and omissions at work in the home. Without prejudice to the organisation's duties as the employer, the homeworker's duties in this regard are likely to be significant because the working environment is not under the employer's control.

Risk Assessments should take into account the following issues:

Display Screen Equipment
A homeworker will not be permitted to carry out a significant amount of work at a home-based work station until such risk assessment has been carried out and any recommendations implemented. Such assessments shall be conducted by someone who has received relevant training. The "workstation" as defined in the Health and Safety (Display Screen Equipment) Regulations 1992 includes the display screen, the software, the keyboard, disk drive, telephone, modem, printer, documents holder, work chair, work desk, work surface, any other items peripheral to the display screen equipment, and the immediate environment around it.

Work Equipment
The Provision and Use of Work Equipment Regulations 1992 (PUWER) do apply to the home. Other equipment not comprising part of the 'workstation' as defined above provided by the employer will nevertheless be suitable and sufficient for its purpose, with proper information and training being given on how to use that equipment properly and safely. Particularly important will be proper storage facilities for paper files.

Handling Loads
Homeworkers should be warned of the hazards of handling loads. Steps will be taken to avoid the need for any hazardous manual handling by homeworkers of loads relevant to their work in the home either altogether or until risk assessments have been carried out.

Workplace
The Workplace (Health, Safety and Welfare) Regulations 1992 do not apply to the home but the standards they require provide a useful benchmark in carrying out the overall risk assessment. The home workplace should have adequate ventilation, a reasonable temperature, suitable and sufficient lighting, sufficient space, and the floor should be kept free from obstructions or from articles or substances which could cause a homeworker to slip, trip or fall. If the employer approves the home as suitable it will be the homeworker's responsibility to maintain that safe and healthy working environment.

Electrical Equipment
The Electricity at Work Regulations 1989 requires electrical systems to be constructed and maintained, so far as is reasonably practicable, to prevent danger. Duties under the regulations fall on employers and employees insofar as they relate to matters under their control. The employer is only responsible for electrical equipment which it supplies. However, before allowing a homeworker to work from home the organisation will ensure that the homeworker's own electrical wiring is adequate for the purposes intended. Maintenance of the wiring is the homeworker's responsibility.

Substances and Materials
The employer is only responsible for substances and materials it provides to homeworkers. Procedures under the Control of Substances Hazardous to Health Regulations 1994 should be complied with. (Please refer to the organisational Health and Safety Policy.)

Security
Staff who undertake to meet with members of the organisation or members of the public in the course of their employment should make appropriate arrangements to meet at the local work office or in a public building.

First Aid
In accordance with paragraph 3 of First Aid at work the Approved Code of Practice and Guidance to the Health and Safety (First Aid) Regulations 1981, the employer will ensure that the homeworker has adequate and appropriate first aid provisions in the home. It shall be a contractual obligation on the part of the homeworker to allow managers to have reasonable access to the home, by appointment, in order to carry out inspections for health and safety purposes. The homeworker will be given sufficient training and information to enable the employer to comply with its duty to report and record the work related accidents, injuries and diseases referred to in the Reporting of Injuries Diseases and Dangerous Occurrences Regulations 1995.

Further guidance for employers and employees on Health & Safety is available at http://www.hse.gov.uk/pubns/indg226.pdf

Annex G, Appendix 3

Homeworkers' Intellectual Property and Data Protection

Employees do not own the copyright in work produced in the course of their employment with the organisation unless there is a written agreement to the contrary.

It is the duty of the homeworker to take all reasonable precautions to protect confidential information relating to employment with the organisation which is stored in the home and, in particular, from other people residing in or visiting the home. Information is confidential where it is expressly stated to be confidential. Information can also be confidential where its nature or quality attracts confidence by implication, or where it is covered by the data protection legislation.

Information held on computer which contains data about any identifiable living individuals is likely to be subject to the Data Protection Act 1998. Homeworkers, as employees, do not need to register separately under this Act; they are covered by the organisation's Register entry. However, homeworkers will need to know and understand their obligation to keep data about any identifiable living individuals confidential and secure, to operate within the terms of the organisation's Data Protection Register entry, and to comply with the eight Data Protection Principles.

In practice, the homeworker's obligations as set out above are best observed by keeping work life and domestic life separate. In particular, where there is a risk that other household occupants, might gain access to work-related computer files these should be password protected. Great care should be taken not to inadvertently disclose passwords. All staff must be compliant with information governance/ IT security policies regardless of where they work.

Computer files which are not contained in the organisation's networked drives should be regularly backed up onto disc and stored away from the home. Managers are responsible for agreeing and monitoring procedures for ensuring the security of work, information, and data and files under the homeworker's control. Homeworkers should comply with the organisation's system's department procedures on virus checking and logging off when a computer is not in use.