Home truths for flexible workers

New technologies and the possibilities for remote working is increasingly appearing like a useful way to attract and retain staff who want, or require, flexible ways of working.

Employees with child care responsibilities are a typical example.

This may be practically viable, but what are the risks for the employer?The obvious issue for employers is trust: how does one know that the employee is working and not watching daytime television, or worse, stealing clients and setting up in competition? Clearly where work leads to results, such as sales, or involves a strict monitoring of hours (lawyers for instance), monitoring output is not a problem.

Tailored contracts of employment backed by disciplinary policies should address such misconduct so the consequences are clear.The contract can also state precisely when the employee must be available for work or attend office meetings.While new technologies make working from home appear attractive, employees may wish to consider the risks to their career.

Isolation may be a significant problem for those who enjoy the social aspects of communal working.

More worryingly, the Institute of Employment Studies has established that working from home can have a detrimental affect on promotion.

Since home workers are often women with family responsibilities, failure to improve their career prospects may be indirect sex discrimination, and effects on pay could result in equal pay claims.

Employers would be wise to review human resources philosophy and procedures to deal with these issues.Home working does not mean that employers lose their responsibility for providing and keeping a safe work environment, safe equipment and system of working.

They must also safeguard non-employees from health risks as a result of home-working, such as ensuring that children will not be in danger.

A right in the employment contract to enter the home to deal with these matters is recommended.Employers will need to check their employer's liability insurance policy to ensure it has the necessary cover in respect of home-workers.

Other insurance may also be necessary, for example, if clients visit the home.

They should also consider who will be responsible for insuring work equipment.

This can also be dealt with in the employment contract.Businesses engaging independent contractors as home workers will not have to deal with all of the above, but of course workers will not become self-employed simply because they work from home.As demand increases for flexible working, these issues as well as protecting confidential information, complying with data protection and monitoring employee communications will also need consideration over and above the implementation of new technology.Marian Fertleman is a solicitor in the employment department of Landwell UK