According to the Future Laboratory by 2012 there will be 5.5 million mobile workers in the UK, (mobile workers can also be coined as a moofer - loose acronym based on mobile out of office). A driving force behind this new workforce is an innovative scheme being pioneered in the heart of the Midlands.

James McCarthy, mobile working expert, Microsoft

The Learning2Go initiative has been set up by Wolverhampton Local Council to equip the school children of today with the IT skills for the workplace of tomorrow using mobile devices as a key tool for learning and interaction.

The scheme provides local school children with Windows Mobile powered Smartphones to use in the classroom, for homework, to read e-books and generally to enhance their school experience. Children participating in Learning2Go have become more engaged in school work as a result and the scheme has been so successful it is now being rolled out across the UK. 

Future technological demands

So looking to the longer term, these children will present both a challenge and opportunity to businesses who must ensure they have the technology and culture in place to both meet the needs of these tech savvy school leavers and get the most out of their skills.

According to recent research from Microsoft, flexible (or mobile) working is already a deciding factor for three out of four UK workers when choosing a job, but at present less than a fifth of UK businesses have a formal flexible working policy in place.

This sends a strong message to UK businesses. If employees are already looking to work when and how they want, the next generation of tech savvy workers is likely to be even more demanding. UK businesses need to move fast to provide a flexible environment for their employees or risk losing out on the best talent.

Next generation factors to consider:

• Developing a management ethos that measures employee performance based on individual output and contribution, rather than 9-5 office attendance
• A culture that formally recognises promotes flexible/mobile working, line managers entering into a ‘deal’ with their respective teams around how flexible working might operate based on team roles
• The right technology for employees to work from home/while on the go, not just broadband connected laptops, but Smartphones with mobile email access. IT security is an important consideration
• A formal set of guidelines that clarify good and bad flexible working practices, helping employees discover the practices that work for them

EMPLOYMENT LAW GUIDELINES | FLEXIBLE WORKING 

Mandy Higgins, solicitor, law firm, Weightmans

There was a time when remote working was synonymous with desperation and automatically triggered images of Del Boy flogging dodgy car stereos from a flat in Peckham. But things are different now. The number of employers offering flexible working options is increasing and the number of staff saying 'yes please' has risen dramatically over the last five years. But what are the legal requirements for people working at home?

As office space becomes more expensive and commuting more stressful, flexible working arrangements, including home working, are becoming more popular.

Legal obligations regarding flexible working requests

An employer is legally obliged to give consideration to a flexible working request, including working from home, from parents of children under 6 and disabled children under 18. Refusing a female employee could be indirect sex discrimination. If female employees are permitted, but male employees refused, then this could be direct sex discrimination.

Advantages to the business include:

• improved retention of staff who can work around home commitments
• Increased productivity through less commuting time and fewer interruptions
• reduced sickness and stress levels
• saving on office space costs.

There are a number of legal issues to consider when granting an employee’s request to work at home.

Employment contracts

The terms and conditions of an employee’s contract may need to be varied to take account of the new working arrangements.A legal procedure must be followed to do this.

Variations may include:

• amending the employee’s place of work if an office address is stated in the original contract
• amending the contractual hours to include specific hours when an employee must be working or be contactable
• a clause that requires the employee to attend the office from time to time, e.g. for training sessions or client meetings.

Monitoring and assessing performance

• This can be achieved by setting goals and deadlines for particular tasks. It is important to give feedback on how these targets are being met.
• Employees may require training in self-management skills.

Equipment

• An employer may need to provide, install and maintain equipment, e.g. computer and internet connections, printer and fax machine.
• Business insurance may need to be extended to cover such equipment as an employee’s home insurance is unlikely to suffice.
• Procedures need to be established which can be followed if equipment is lost or damaged.

Health and Safety Risk Assessment

The employer needs to carry out a risk assessment and identify any potential hazards.

Risk assessments should be carried out on a regular basis and should include, for example:

• ensuring all equipment is fit for purpose
• certifying and maintaining electrical equipment provided by the business
• ensuring computers can be used comfortably and without disturbing glare
• making sure light levels are appropriate
• avoiding trailing cables, to avoid trips and falls
• keeping records of any accidents, illnesses or injuries experienced by home workers.

Data security

• Anti-virus and firewall software should be installed on all computers and passwords provided.
• Ensure that non-office based employees read and understand the IT policy.
• Employees should be told that work computer equipment should not be used for personal use to avoid compromising data security.

Employee responsibilities

Employees should:

• check for any restrictions on home working in their mortgage, lease or tenancy
• check the health and safety implications of anyone else who lives or visits their home.