A European Court case this week serves as a warning shot to employers who refuse flexible working requests from people who care for disabled relatives. Yet allowing employees to work from home can lower staff turnover, cut costs and increase productivity.

Under the Work and Families Act 2006, employers are already obliged to ‘seriously consider’ requests for flexible working from employees with children under six, employees with children with disabilities under the age of 18 and employees who are caring for adults. From April this right will extend to parents of older children, including 17-year-olds sitting exams.

Employers do not have to agree to the request if they can show it will adversely affect their business. This week, however, Sharon Coleman won the first round of a case against her former employer, Attridge Law, which could result in employers being obliged to allow people who care for relatives with disabilities to work flexibly.

Coleman is prosecuting the law firm under anti-discrimination laws, claiming that she was forced out of her job because they refused her request to work from home so that she could care for her disabled son. She says she was discriminated against ‘by association’.

The European Court of Justice ruled that she has a case to answer and it will now go back to a tribunal, the result of which could have profound implications for employers.

Legislation aside, however, homeworking can make good business sense. “Allowing staff to work full- or part-time at home can help your company in a number of ways, from increasing productivity and staff motivation to saving on premises costs,” says Chartered Institute of Personnel and Development (CIPD) adviser Rebecca Clake.

“Offering homeworking widens the base from which you can recruit, because you appeal to applicants who are only available to work flexibly, such as those with childcare commitments,” continues Clake. “And some employees work better in a quiet home environment, so it can improve their productivity.”

Managing homeworking

When it comes to an employee's request for homeworking, you will need to consider whether the employee is likely to be suited to it. Typically, homeworkers need good time-management, self-discipline and strong organisational skills.

To monitor performance, agree goals and deadlines for tasks with the homeworker. Keep a close eye on how well the targets are being met and give feedback promptly if things go wrong.

“It can be helpful to operate a trial for workers who have previously been based in the office,” stresses Clake. “As with all employees, staff working from home should be clear what they are expected to deliver. Managers should pick tasks they can use to measure employee performance, such as the number of telephone calls or sales made,” she advises.

An employer’s duty of care

“You should also bear in mind that just because some of your employees are based at home, this doesn’t mean you don’t have a duty of care,” Clake continues. “You have the same responsibilities for ensuring the health and safety of homeworkers as you do for staff on your premises.”

Employers should carry out a health and safety risk assessment of the employee’s workspace at home. This needs to ensure equipment is fit for its purpose and computers can be used comfortably, as well as making sure that lighting, ventilation and room temperature are appropriate.

Your business is also likely to be responsible for providing, installing and maintaining equipment unless the employee already has their own. And you will probably need to extend your business insurance to cover equipment used by employees in their homes.

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