homework law uk

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https://educationhub.blog.gov.uk/2018/10/28/education-secretary-i-trust-head-teachers-to-decide-their-homework-policies/

Education Secretary: I trust head teachers to decide their homework policies

Education Secretary Damian Hinds has today written an op-ed for the Sunday Times setting out his position on homework, which has been followed up with a news story . He says that ultimately up to heads and school leaders to decide whether to set homework and what the consequences should be if children do not complete their homework set.

The Education Secretary said:

One of the tougher things I’ve taken on recently was solving a ‘part-whole model’, involving nine ducks and a jagged shoreline. This was, I should clarify, a piece of homework for one of my children, not something called for in my day job. Homework is a staple of school life, and of home life. Parents know this. After all, almost every one of us will have done homework ourselves as a child and most of us will be drafted in to help with it at some point as a parent, carer or grandparent. There has been some high-profile interest of late on social media suggesting that homework is bad for children, at least in the first half of schooling. There have even been subsequent questions about its legal status. Just to be clear: schools are not obliged to set homework, and some don’t. But when schools do set homework, children do need to do it. We trust individual school head teachers to decide what their policy on homework will be, and what happens if pupils don’t do what’s set. Policy and approach won’t be the same in all cases. Autonomy for schools, and the diversity that comes with it, is at the heart of this government’s approach to education. Of course, schools should, and do, communicate with parents. Parents need to know where they stand. Teachers obviously need to be realistic about expectations, and they know this. Obviously, no one wants children spending an inordinate amount of time every night doing homework. Clearly, there are other important things to do, too – like playing outside, family time, eating together. Good homework policies avoid excessive time requirements – focusing on quality rather than quantity and making sure that there is a clear purpose to any homework set. In 2011 we helped set up the Education Endowment Foundation as an independent expert body to study and advise on “what works” in education. It has established that, although there are more significant educational improvements derived from homework at secondary school, there can still be a modest but positive impact at primary level. Homework isn’t just some joyless pursuit of knowledge. It’s an integral part of learning. Beyond the chance to practice and reinforce what you’ve learned in class, it’s also an opportunity to develop independent study and application – and character traits like perseverance. Children need to know that what they do has consequences. At secondary school, if a pupil doesn’t complete their homework, they risk falling behind. They may also hold up others – clearly it is harder for the teacher to keep the whole class moving forward if some are doing the homework and others aren’t. At primary school, too, we all want our children to develop their knowledge – but we also want them to develop values. Homework set at primary school is likely to be of relatively shorter duration. But if a child is asked to do it and they don’t, for that to have no consequence would not be a positive lesson. Ultimately, of course, the responsibility for a child’s educational development is a shared one. Parental involvement makes a big difference, from the very earliest stage. In the early years parents can support their child’s development through story telling, singing or reading together. Later on, homework can give an ‘in’ for continued involvement in learning. Homework should not in general require adult help, and with today’s busy lives it certainly can be hard to find the time. But I know as a parent that we are called on as reinforcements if an assignment is especially challenging. Other times, it falls to parents just to give a nudge. I want all children to enjoy their progress through school and they will have a much better chance of doing this if they are not having to play catch-up during the day. Parents need to trust teachers, with all their experience of teaching and learning – and know that their child’s homework is not just proportionate, but will be of lasting benefit. From motivation and self-discipline to the wonder of independent learning, homework can teach children about far more than the part-whole model, some ducks and a jagged shoreline.

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Legal Homework Rights: What’s the Limit on Homework?

Hi, I just read your article Titled “Can You ‘Opt Out’ of Homework?” ( Click HERE  for the original article. ) I enjoyed the article but I guess I need a more concrete answer to the question of my legal homework rights: CAN I LEGALLY OPT OUT OF HOMEWORK FOR MY CHILD? – Dawn, SOAR ®  Parent

The answer is a resounding, Yes!

You have legal rights to put limits on your child’s homework time.

When homework begins to erode family relationships and/or increases the students anxiety, its time to make modifications. First, try communicating and working collaboratively with teachers and administrators.  If that doesn’t work, then you do have legal homework rights…

Legal Homework Rights

You absolutely do have legal rights to put reasonable limits on your child’s homework time. The legal tool you want to use is called a 504. For a link that provides a quick overview to the 504 law, click HERE .

504: The Legal Homework Rights Tool

Basically, the 504 law refers to legal homework rights (known as “accommodations”) that must be made for a child’s “impairment.”  As you’ll read, “impairments” are defined very loosely throughout the law, and this is done purposely to accommodate all students’ various needs. If your child has a diagnosis of ADHD, Dyslexia, etc. that will help, but it’s not necessary.

I have seen the 504 law used throughout my career as an educator for students and families exercising their legal homework rights.  I have also used it with my own children to get schools to accommodate what I felt was appropriate.

The 504 Process

The actual 504 process includes paperwork and a series of meetings. The meetings typically include a school counselor, a teacher, an administrator, and you and your child. In the meeting, all of your concerns will be documented and specific actions or remedies (like limiting homework) will be recorded. This document becomes a legally binding contract that your child’s teacher and administrator are required to uphold.

Legal Homework Rights: What’s a Reasonable Amount of Time for Homework?

So, what is a reasonable recommendation regarding time spent on homework?

We support the “10 Minute Rule.”   That’s a maximum of 10 minutes times the grade-level of the child. So, 10-minute max for 1 st grade, 20-minute max for 2 nd grade, up to 120-minute max for 12 th grade.

The “10-minute rule” is a great accommodation for a 504, because it is set to increase the limit on homework time as the child progresses through school. We’re not talking about eliminating homework just to create an easy path for our children.  Parents that have significant battles over homework, that can easily last an hour or more, understand that homework reaches a point where it is not productive.

Too much homework is destructive t o motivation, self-esteem, and to family relationships.  So, don’t be afraid to exercise your legal rights. This is the point where we want to pursue our legal homework rights.

In addition to pursuing 504 accommodations, you may want to give your students better skills to handle the demands of school.  To learn more about the SOAR ®  Parent Products, click HERE .

Brian Winter, M.Ed.

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The Homework Debate 2021: Do Primary Schoolers Really Need Homework?

The homework debate resurfaces every year without fail. It is a popular topic with parents, primary school teachers, online tutors, and politicians alike. Should homework be banned? Is homework at primary school necessary? Do pupils receive enough education in class that homework is nothing but a waste of time? – These are all questions that you have no doubt heard before.

Is the homework debate even relevant in the context of COVID-19? As an  online maths tuition service  for KS1 and KS2 pupils, we believe so! Sometimes we set our students homework. We believe that this debate is more relevant now than it has ever been. Let’s discover why…

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“Homework should be banned!” – The call to action

Our children are too tired!

Is it the case that we put too much pressure on children these days? At the age of 7, UK primary school pupils are expected to sit their Key Stage 1 SATs test. This continues in primary school up until Year 6 when they are expected to prepare for and sit their Key Stage 2 SATs test.

Some parents argue that this leaves little time for kids to wind down at home. When can they find the time to indulge in sports, hobbies, and creative interests if their time is consumed by homework? Let’s not forget the added stress caused by the UK Coronavirus lockdown.

Primary school homework does more harm than good:

A BBC Newsround report from 2018 consulted education experts on their views of the homework debate. Nansi Ellis, Assistant General Secretary at the Association of Teachers and Lecturers argued that homework gets in the way of all the good things kids enjoy. It does not always boost performance in class.

She also highlighted that it demands a lot of parents, not only their time but also of their own educational understanding. This sometimes backfires as the methods of learning in school twenty or thirty years ago are likely not the same as those taught nowadays. This can risk causing further confusion.

BBC Newsround’s own survey of the homework debate and how much homework primary school pupils receive found that parents thought:

Where is the proof?

The same BBC report saw Ellis claim that while teachers setting homework is in theory supposed to better results, there is no proof of this being the case. Rosamund McNeil from the teacher’s organisation NUT highlighted that cases abroad support this. In Finland, pupils are set minimal homework but it remains one of the most educationally successful countries in the world.

The homework debate is not just about students – it’s about teachers too!

Homework is time-consuming. Teachers must plan it and mark it, in addition to preparing their classroom lessons and reporting on pupils’ progress. Time constraints can force teachers to work late into the night at home which opens an entirely new can of worms. Overworked teachers are less effective in class. Perhaps it would be more efficient for schools to ban homework altogether.

The other side of the homework debate: Why our kids need homework

It has long been the view that homework acts as a supplement to what has been taught in class. It is an opportunity for pupils to review areas of work they might not understand, focusing their learning.

Homework for primary school students is a good thing!

Homework can be fun and imaginative, an opportunity for parents to bond with their children over education. Take the classic example of counting peas on the dinner plate to learn multiplication tables. Homework does not always have to be completed in a book or on a worksheet. It can often reflect the creativity of the teacher who can inspire children to take their learnings and apply them to the real world. Pricing a shopping list is an awesome way to practise maths while acquiring life skills!

In May 2021 we asked our social media community for their thoughts on this debate. More than two-thirds agreed that homework should not be banned. 

The UK is falling behind the rest of the world:

Once upon a time the UK may have had the best education system in the world. Now is not that time. Studies suggest that  UK literacy and maths rates are falling  while in other countries they continue to rise.

As a result, many teachers and parents agree that our children require further encouragement. This is not the time to ban homework in the UK. Especially when we take into consideration the months of lost learning caused by the COVID-19 UK lockdown. This is the time to help primary school children catch up, and homework can support the effort.

The homework debate in the context of COVID-19

We touched on this earlier before considering both sides of the argument in the UK homework debate. However, with home learning more popular than ever, is there still a place for homework in UK primary school education?

The homework debate solution: Online tuition

It’s engaging for children; it reflects what they have been learning in class and saves time for both parents and teachers.  Online tuition has soared in popularity through 2020  and 2021, and could be the solution for people on both sides of the homework debate.

Read more :  How online maths tutors are helping KS1 & KS2 pupils succeed.

In the UK there are tons of tuition services helping to provide kids with a competitive edge using an extracurricular push. You can view a list of the top 15 here:  Discover the UK’s best online tutors.

If you have any comments or questions regarding this topic, please feel free to let us know in the comment below or in our Facebook group  UK Primary School Maths – Tutoring & Tips,  we will reply to you as soon as we can.  

You may also like to read:

How Think Academy’s Online Maths Courses can Help Your Child Better Prepare KS2 SATs?

Top 5 Back to School Tips  Compiled by Think Academy’s Education Experts for 2020

KS1 SATs – How to Prepare Your Little One for Their First Test!

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A legal right to work from home? Here’s what the law says

Selwyn's Law of Employment

• By Astra Emir
• March 27 th 2022

In this blog series , Astra Emir, practising barrister and author of  Selwyn’s Law of Employment , explains what UK employment law says about some of the important issues faced by employers and employees.

Do you have a legal right to work from home? Can you insist on working a four-day week for the same wage? What if your employer refuses? In this blog post, we look at what UK law says about your right to work flexibly and the reality of the situation facing many employers and employees.

With the lifting of the remaining coronavirus restrictions across the UK, there is now no requirement for those who can work from home to continue to do so. As we have seen, however, the past two years have shown many people that they can do their jobs just as well from home and have a better work-life balance. A  YouGov survey  conducted at the end of January found that 71% of people preferred to work from home and 58% felt more productive when they did so. While some employers have been flexible, a number, such as  Goldman Sachs , have insisted on staff returning to the office and the daily commute. Are they within their rights to do so?

The legal right

First of all, it should be noted that currently there is no legal  right   to work from home, or to be granted another type of flexible working—unless a person’s contract of employment says otherwise. The right is only one to  make a request  to work flexibly and have the employer  consider that request  “in a reasonable manner.” It is nothing more than that. The employer must, however, show that they have considered it reasonably—simply dismissing the request out of hand would not be legally acceptable.

The request

The right to ask for a variation currently applies only to employees who have been employed for at least 26 weeks. They are allowed only to make one request in any 12-month period. The right does not just cover working from home, but also other changes to the contract, such as hours, times, and place of work.

The application has to be in writing, stating the change applied for and the date the employee wants this to take place. It must explain what effect, if any, the change will have on the employer’s business and how this effect may be dealt with.

The employer’s response

The only obligation that an employer has is to consider the request in a reasonable manner. The employer can only refuse on one of eight grounds set out in  the legislation . These are: the burden of additional costs; the detrimental effect on ability to meet customer demand; the inability to reorganise work among existing staff; the inability to recruit additional staff; the detrimental impact on quality; the detrimental impact on performance; the lack of work during the periods when the employee proposes to work; and planned structural changes to the organisation.

The employer has to make a decision and notify the employee within three months (or a longer period by agreement).

If the application is accepted, then the change will be permanent, and the employee would have to wait 12 months to make another one, unless the employer agrees otherwise.

If the employer refuses

If the application is refused, the employer may allow the employee to appeal internally, and this has to be heard within three months, unless an extension has been agreed between employer and employee.

If the request is not granted, the employee can bring a complaint to an employment tribunal within three months.

A tribunal cannot investigate the rights and wrongs of the refusal, it can only consider whether the employer has followed the procedure in a reasonable manner, or if the reason given for refusal was not one of the ones listed or was based on incorrect facts. If the tribunal finds that the complaint is well founded, it may make an order for the employer to reconsider the application and can award compensation to the employee of up to eight weeks’ capped pay. It cannot force the employer to grant the request.

An employee must not be treated detrimentally by the employer or dismissed just because they have made such an application. If they are, they can also complain about this to a tribunal within three months and obtain compensation for detriment or unfair dismissal (and unlike most unfair dismissal claims, they do not have to have been employed for two years to claim).

As an alternative to going to tribunal, the parties have the option of asking an arbitrator to deal with the case under the  ACAS arbitration scheme . (Note that ACAS has also produced a  guide to flexible working .)

The commercial reality

Even before the pandemic, businesses were finding that flexible working arrangements enabled them to retain skilled staff and reduce their recruitment costs, to lessen absenteeism, and to react more readily to changing market conditions. Since then, market forces have heightened these considerations: another  recent international survey  found that up to 72% would leave if not satisfied with their company’s work location rules.

There is therefore strength in numbers. Many employers may find that if they do not accede to the requests, then they will lose valued staff, and it may end up not being a matter of law, but one of market forces. Indeed, looking ahead on how to retain staff, some employers are considering not just working from home but also a four-day week and reduced hours without reduction of salary, with a  trial  currently underway in the UK, and some countries, such as  Belgium , are in the process of making this a legal right. Goldman Sachs may find that it becomes increasingly an  outlier .

The law is looking increasingly outdated, although it may yet catch up. There is currently a  government consultation  considering making flexible working the default position, and whether to make it a “day one” right, so that someone does not need to have been an employee for 26 weeks before making such a request. As it stands, the law only gives someone a right to make a request, but commercial reality is on the side of employees, notwithstanding what the law says.

Please note that this an overview of the law and is not intended to be legal advice, and each case depends on its own specific facts.

Feature image by TheStandingDesk on Unsplash

Astra Emir  is a practising barrister and the author of Selwyn's Law of Employment and co-author (with Stephen Taylor) of  Employment Law: An Introduction , as well as other publications. She specialises in Employment, Transport, and Regulatory Law, among a number of other areas. She is also a visiting lecturer at City University and other institutions, and an examiner for various professional bodies.

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The legalities of home education in the UK

Deciding to home educate is every parent's right, but taking the plunge can be daunting and many families worry about falling foul of the law. We explain the legalities of home education in the UK.

Do I need permission to home educate in the UK?

Not in England or Wales , according to the Department for Education. Whether your child currently attends a private or state school, you simply need to write to your child’s head teacher to let them know you are withdrawing your child’s name from the register and they will let the local authority know.  

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In Scotland and Northern Ireland , you need permission from your local authority, although this can’t be unreasonably witheld.

At what age do children have to be formally educated – even if it is at home?

Between the school term after their fifth birthday and the last Friday in June in the school year they turn 16. After 16, education is optional.

Who do I need to tell and how do I legally withdraw my child from school?

If your child is already at school, you must write to the head teacher to ask for their name to be removed from the register. The head must accept your decision if you're taking your child out of school completely. But they can refuse if you want to send your child to school some of the time and home educate the rest of the time (known as flexi-schooling ).

If your child isn’t at school but you have been offered a school place, you must formally remove your child’s name from the register at the school that they're due to start attending. This is usually done through the local authority.

If your child hasn’t started school and you haven’t applied for a place at school, you don't need to do anything.

In each case there is no obligation for you to contact the local education authority although they might contact you to ask what provision you have made for your child’s education once they realise that they're no longer registered at a school.

You can choose to home educate your child at any stage.

What if my child has special educational needs?

If your child attends a special school you will need permission from the local council before their name can be removed from the register: this can't be unreasonably denied, but is intended as an extra check to make sure you're able to cope with your child's needs and can provide them with a suitable education.

If your child has an education, health and care (EHC) plan you must inform the local authority if you're going to home educate.

If your child attends a special unit at a normal school, you don’t need permission to de-register them.

What if I am divorced?

Either parent can home educate a child without the other parent’s consent as long as their name is on the child’s birth certificate. This can be challenged in court, though.

How many hours should I be teaching my child?

Your child must be educated full-time – the law doesn’t specify how many hours but children normally receive formal teaching at school for between 22 and 25 hours a week for 38 weeks of the year. You don't have to stick to a school-style timetable or follow school terms. 

What does the law say about what I have to teach?

You don’t have to follow the National Curriculum , but the Education Act says that children have the right to an 'efficient' and 'suitable' full-time education , defined as, 'an education that equips a child for life within the community of which he is a member.' It's up to you to decide how to provide that education: it could be through following the National Curriculum closely, using it as a guide, or letting your child's interests dictate their learning.

Do I need to provide evidence of what my child is learning at home and their progress?

No. If you withdraw your child from school, it's likely your local authority will want to discuss your plans for providing a home education , and although this isn’t a legal requirement, home education support groups advise that you comply with their request. This could be through a home visit or a meeting outside the home, a letter setting out your educational philosophy , or written evidence such as a report, samples of work or verification from an independent home tutor . You are allowed a reasonable time to prepare this.

Do I have to be approved by anyone before I start home educating?

No. Any parent has the right to home educate, whether or not they are a qualified teacher or have any experience.

Do I have to be inspected or monitored?

Not by law unless it appears you aren’t providing a suitable education or the local council is concerned about the welfare of your child. If you’re in Scotland, the local government can suggest annual contact but this isn’t compulsory.

In practice, most local authorities tend to make contact with home educators once a year to see how things are going, but you're not obliged to meet with them either at your home or elsewhere. Many parents update their educational philosophy annually and send this to the home education contact at their local authority to keep them up to date.

Can I get help with financial costs?

No – unless you live in Scotland, in which case you can still claim Education Maintenance Allowance once your child turns 16. Otherwise, you must be prepared to assume full financial responsibility – including paying for public exams should your child sit them.

Depending where you live you might be eligible for practical support such as extra borrowing rights at your local library, free entry or discounts to your nearby leisure centre and access to local school resources.  

For more information about the legalities of home education, visit the Department for Education , Education Otherwise or Home Education UK . The full law is set out in Section 7 of the Education Act 1996. 

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The power of a good homework policy

Published 18th March 2019 by Frog Education

With the homework debate continuing to rage and be fuelled by all parties involved, could publishing a robust homework policy help take some of the headache out of home learning?

What is a homework policy.

The idea of a homework policy is for the school to officially document and communicate their process for homework. The policy should outline what is expected of teachers when setting homework and from students in completing home learning tasks. It is a constructive document through which the school can communicate to parents, teachers, governors and students the learning objectives for homework.

Do schools have to have a homework policy?

It is a common misconception that schools are required by the government to set homework. Historically the government provided guidelines on the amount of time students should spend on home learning. This was withdrawn in 2012 and autonomy was handed to headteachers and school leaders to determine what and how much homework is set. Therefore, schools are not required by Ofsted or the DfE to have a homework policy in place.

The removal of official guidelines, however, does not give pupils the freedom to decide if they complete homework or not. Damian Hinds , Education Secretary, clarified that although schools are not obliged to set homework, when they do, children need to complete it in line with their school’s homework policy; “we trust individual school head teachers to decide what their policy on homework will be, and what happens if pupils don’t do what’s set.”

The majority of primary and secondary schools do set homework. Regardless of the different views on the topic, the schools that do incorporate homework into their learning processes, must see value in it.

Clearly communicating that value will demonstrate clarity and create alliance for everyone involved – both in and outside of school. This is where the publication of a good homework policy can help. 5 Benefits of publishing a good homework policy

#1 Manages students' workload

Studies have shown a correlation between student anxiety and demanding amounts of homework. One study found that in more affluent areas, school children are spending three hours per evening on homework. This is excessive. Secondary school students’ study between eight and ten subjects, which means they will have day-to-day contact with a number of teachers. If there is no clear homework policy to provide a guide, it would be feasible for an excessive amount of homework to be set.

A homework policy that sets out the expected amount of time students should spend on homework will help prevent an overload. This makes it more realistic for children to complete homework tasks and minimise the detrimental effect it could have on family time, out-of-school activities or students’ overall health and well-being.

#2 Creates opportunity for feedback and review

The simple act of having an official document in place will instigate opportunities for regular reviews. We often consider the impact of homework on students but teachers are also working out-of-hours and often work overtime . One reason is the need to set quality homework tasks, mark them and provide valuable feedback. No-one, therefore, wants home learning to become about setting homework for homework’s sake.

A regular review of the policy will invite feedback which the school can use to make appropriate changes and ensure the policy is working for both teachers and students, and serves the school’s homework learning objectives.

#3 Connects parents with education

Parents’ engagement in children’s education has a beneficial impact on a child’s success in school. Homework provides a great way for parents to become involved and have visibility of learning topics, offer support where needed and understand their child’s progress.

A good homework policy creates transparency for parents. It helps them to understand the value the school places on homework and what the learning objectives are. If parents understand this, it will help set a foundation for them to be engaged in their child’s education.

#4 Gives students a routine and creates good habits

Whether children are going into the workplace or furthering their education at university, many aspects of a student’s future life will require, at times, work to be completed outside of traditional 9-5 hours as well as independently. This is expected at university (students do not research and write essays in the lecture theatre or their seminars) and will perhaps become more important in the future workplace with the growth of the gig economy (freelancing) and the rise of remote working .

A homework policy encourages a consistency for out-of-school learning and helps students develop productive working practices and habits for continued learning and independent working.

#5 Helps students retain information they have learned

A carefully considered and well-constructed home learning policy will help teachers set homework that is most effective for reinforcing what has been taught.

A good homework policy will indicate how to set productive homework tasks and should limit the risk of less effective homework being set, such as just finishing-off work from a lesson and repetition or memorisation tasks. What makes a good homework policy?

A good homework policy will determine how much homework is appropriate and what type is most effective for achieving a school’s learning objectives. Publishing the homework policy – although it might not unify everyone’s views on the matter – fosters good communication across the school, sets out expectations for teachers and pupils, and makes that significant connection between parents and their children’s education. But most importantly, if the policy is regularly reviewed and evaluated, it can ensure home learning remains beneficial to pupils’ progress, is of value to teachers and, ultimately, is worth the time and effort that everyone puts into it.

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What are the legal requirements when it comes to working from home in the UK? During the pandemic, the mass transition to working from home meant a lot of changes – for employees and employers alike. And, some of these questions remain. 

In this article, we will go over all the requirements that an employer needs to consider when it comes to working from home and the UK’s unique legal requirements.

• 1 Working From Home Employment Contracts 
• 2 Health and Safety: What UK Law States About Homeworking
• 3 Pay and Terms of Employment for Homeworkers
• 4 Can an Employer Deny a Work From Home Request?
• 5 Work From Home Benefits for Organisations
• 6 Frequently Asked Questions About Working From Home Legal Requirements in the UK
• 7 Working From Home Is The New Normal

Working From Home Employment Contracts 

There are quite a bit of employment contract elements that need to be revisited when it comes to working from home. Employers should first take into consideration the following four elements…

Working Hours: When working from home, employees may not automatically work from 9-5 (or 8-4). As an employer, you will need to set clear working hours and even clearer boundaries of ‘work time’ and ‘away time’ so that employees don’t spend more than 48 hours a week on work . 

Covered Expenses: Moving from an office to a home office can incur some additional costs: lighting, internet, heat and gas. As an employer, you should discuss with your employees what expenses will be covered. 

Data Protection and Privacy: As an employer, you need to have safety protocols in place for all of your employees when it comes to data protection . Update all of your data protection protocols to ensure the highest standards (without intruding on the privacy of your employees).

Place of Work: As an employer, if an employee changes their place of residence, they should update you as soon as possible. Also, notify your employees that they need to have permission from their landlords if they wish to work from home. 

Health and Safety: What UK Law States About Homeworking

An employer is responsible for their employee's health and safety even if they’re working from home. So even though you can’t barge into people’s houses to conduct risk assessments, you can still implement certain measures that will help you improve their health and safety conditions: 

Managers should help employees find a safe working environment where they can accomplish their work in a safe manner.

Employers should have regular contact and communication with their remote work employees in order for the employees not to feel isolated or alone.

An employer should provide the necessary equipment to employees so that they can do their jobs properly.

Pay and Terms of Employment for Homeworkers

When it comes to pay, employees who are working the same number of hours as they did when they were in the office need to be paid the same. They can’t get paid less simply because they’re working from home (if they’re working the same amount of hours). 

As an employer, you need to ensure that employees don’t work more than the maximum allowed number of 48 hours a week of work. 

This can mostly become a problem for some employees who can’t create a clear boundary between work time and free time when they’re working from home. 

Some employees won’t have any problems adjusting to working from home, but a majority of your workforce will need some kind of assistance so be prepared to offer it. 

Read our article on the importance of work-life balance and how to enable it.

Can an Employer Deny a Work From Home Request?

An employer may deny a work-from-home request from their employee if there’s a business case for rejection. The process is as follows: 

The employee requests the right to work from home

The employer assesses the request in a reasonable manner

If the request is: 

Granted, the employee can start working from home

Declined, the employee can go through an appeal process

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Work From Home Benefits for Organisations

There are many benefits for both the employers and the employees to work from home: 

Higher Productivity: Employees who are working from home don’t have as many distractions as they would in the workplace. 

Lower Overhead Costs: Companies no longer have to rent out massive business spaces where their employees come to work on a daily basis. This results in less long-term overhead for the business. 

More Engaged Workforce: An employee who doesn’t have to spend at least 45 minutes on the tube daily will find themselves more engaged and more satisfied.

Frequently Asked Questions About Working From Home Legal Requirements in the UK

Here are the four most frequently asked questions when it comes to the legality of working from home:

What Should Be Included in Work From Home Employment Contracts?

An employer should at least define working hours, what expenses are covered and data protection protocols. 

What Does UK Law State About Health and Safety for Homeworkers?

UK law states that an employer is responsible for their employees and should ensure that the all employees have a safe and secure place to work.

Can an Employer Refuse Working From Home?

Yes, they can. However, the employees can still make an appeal.

What Expenses Should My Employer Pay if I Work From Home UK?

Employers should cover the equipment and supplies necessary for the employee to work from home. It’s not uncommon for the employer to also cover gas, internet or electricity bills for their employees who work from home.

Working From Home Is The New Normal

Implementing a work from home policy in your organisation can be a daunting task. To open up time for more strategic tasks, like embedding hybrid work, consider an HR software to help streamline all of your other important processes. Try Personio for 14 days right now.

Streamline all your HR processes

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Employment law considerations for homeworking – what do you need to know?

5th June 2020

Watch our video nugget on this topic here.

In the wake of the Coronavirus pandemic, employers are now having to consider a wide-range of alternative working arrangements and think more creatively about how their businesses operate. Whilst a full scale return to work will be on the cards at some point in the future, a return to work environments as they were previously known is unlikely to be possible at this stage. In practical terms, employers have been forced to consider how measures can be implemented to reduce the risk of infection in the work-place meaning that, on any given day, a large proportion of their workforce may be working from home. In this piece, we consider issues of:  homeworking requests; health and safety (and equipment); data protection; insurance; expenses, flexible working; and some thoughts on the future of homeworking.

Employers who have invested considerable time and finances into facilitating homeworking during the lockdown in line with Government advice could see this as a positive opportunity, and are now waking up to the benefits of capitalising on this investment on a longer term basis. Such benefits range from the prospect of smaller office spaces and therefore lower rents, to having a more flexible workforce that is available to service the needs of customers and clients outside of standard office hours. Similarly, employees who have become used to working from home and escaping their daily commute may be keen to hold on to some element of homeworking, even if only for part of the week.

Clearly, there is no quick fix to ensuring that all employees are safely back in the workplace in the immediate future and so employers will need to comply with the law surrounding homeworking as well as their duties to employees who are working from home. The fact that the majority of current homeworking arrangements were implemented at a time of crisis means that there was simply not enough time to formalise these temporary arrangements in line with the relevant legal framework. As employers move into the next phase of homeworking on a more long-term basis, now is therefore the ideal time to ensure they have their houses in order.

Homeworking requests

The first sensible step for employers to take is to create a homeworking policy. Such a policy allows homeworking requests to be refused, accepted or managed through a comprehensive process so that both employees and employers have clear expectations about how things will work.  Having a policy will also ensure that requests are dealt with in a consistent and non-discriminatory manner across the workforce irrespective of the reasons for the request.  It is advisable to obtain legal advice before drafting such a policy to ensure it is sufficiently comprehensive, and the Walker Morris employment team can help with this. Any such policy should include:

• The process for making the request to work from home, the criteria the employer will apply when deciding the application and the process for dealing with it (and how this interlinks with any flexible working policy);
• Whether a successful application will be subject to a trial period and any other conditions that will apply;
• Who will be responsible for the provision of equipment;
• Rules around storing information and data protection;
• Both the employer and employee’s duties in terms of ensuring health and safety, data protection and confidentiality obligations are complied with;
• Rules around expenses;
• How the employee will be expected to keep in touch with colleagues in the office; and
• How the employee’s performance will be managed.

Employers should seek to be practical, flexible and sensitive to the employee’s situation when considering whether they can work from home on a long or short-term basis. When considering any requests, employers should talk to their employees about their home working environments, balancing both business requirements as well as the employee’s needs, for example childcare responsibilities, long-term health conditions or disabilities. It is sensible to document these discussions as well as any changes to the employee’s terms and conditions of employment so that it is clear what has been agreed since any change to an employee’s place of work is likely to be a contractual amendment.

Health, Safety and Equipment

Employers owe a duty of care to their staff, and this includes ensuring the health, safety and welfare of those who are working from home. A risk assessment should be carried out at the outset of the homeworking arrangement, and periodically thereafter. This assessment should pay particular attention to the employee’s equipment, electricity, first aid, accidents and work-related stress caused by the employee living and working in the same environment.

That said, in light of current circumstances, it is highly unlikely that employers can carry out usual health and safety risk assessments at an employee’s home. However, employers still have duties to ensure that if changes are required to an employee’s work environment, these are implemented. This can include taking simple steps such as employers checking with their employees that their work can be done safely from home, that they have the requisite equipment and that any reasonable adjustments that are required are made for any employee with a disability. In addition, and as a matter of good practice, during both during current ad-hoc homeworking arrangements and more permanent homeworking arrangements, employers should keep in regular contact with their employees and set out agreed weekly meetings or calls so that concerns can be raised and employees are not left feeling isolated.

Measures should also be in place to monitor the working time of homeworkers who have not opted out of the 48 hour working week under the Working Time Regulations 1998, bearing in mind that where an employee’s normal place of work is their home and they travel to the employer’s premises or to see clients or customers, that could count towards their “working time”. Monitoring the work levels and working time of all staff (including those who have opted out of the 48 hour limit) is likely to be a helpful step towards compliance with general health and safety obligations.

Although there is no general legal obligation on employers to provide the equipment required for homeworking, in cases of disability it may well be a reasonable adjustment under equality legislation to do so. Realistically, most employers will want homeworkers to use only company computer equipment to ensure compatibility of systems, maintenance of virus protection and other security measures. Employers are responsible for the equipment and technology they give their employees so that they can work from home. Staff should be made aware that the equipment should only be used for the purposes for which the employer has provided it, and that the use of such equipment is covered by the employer’s normal policies and procedures relating to company equipment.

Data protection

In the same way that employees in the workplace are subject to confidentiality provisions regarding information relating to clients, customers, suppliers and other staff of their employer, such confidentiality provisions continue to apply where employees work from home. In practice, the risks may be heightened in a homeworking arrangement where the employer is not able to implement basic measures to protect confidential information, such as secure filing cabinets or shredding facilities to ensure that confidential papers are properly disposed of. Additionally, whereas an employer has overall control over the security of their premises and who can gain entry and may therefore potentially access confidential information, they have no such control over a worker’s home environment.

In light of these challenges, it is important that employers continue to comply with their data protection obligations where their employees are working from home. Employers may therefore need to rethink their current policies and procedures and adapt these to ensure they are compliant with data protection law in light of specific issues that may arise in a homeworking arrangement. A more detailed note about the challenges of protecting data when working from home by our Regulatory colleagues can be found here .

Employers should consider their current expenses policy and whether any adaptations are required to allow for expenses which may be reasonably incurred when working from home. For example, will homeworking employees be entitled to recover expenses for travel to the office or a contribution towards telephone, internet, heating, electricity, stationery and photocopying costs? For employees, tax relief may be available in relation to some of the bills they incur as a result of regular homeworking.

Employers must have employer’s liability insurance to cover their legal liability for personal injury to employees whilst acting in the course of their employment. Where employees work from home, such insurance will need to extend to cover these circumstances. Employers should therefore check their policies to understand whether their insurance covers working from home and consider whether they need to take out further policies.

Flexible working practices

Employees who have worked for their employer for 26 weeks or more are entitled to make a flexible working request, which can include a request to work from home, which employers have a duty to consider. Where employees have been working from home for the lockdown period, they may have been able to demonstrate how such a change to their working practice has had little to no impact on productivity, and in some cases may be able to demonstrate an increase in productivity. Employers will therefore need to give cogent and logical reasons supported by clear evidence as to why they cannot support a request for longer term homeworking in order to avoid any disputes arising.

Concerns about the workplace

Where employees request homeworking due to a fear of contracting the Coronavirus in the workplace, employers should consider whether such workers can work from home (particularly if they are in the vulnerable categories). If this is not possible, the employer could offer that the employee takes time off as holiday or unpaid leave. If an individual refuses to attend work without a valid reason and cannot reasonably work from home, employers may wish to go down the route of disciplinary action, but it is essential to consider s. 44 and s. 100 of the Employment Rights Act and whether it would amount to an automatically unfair dismissal where an employee has raised concerns about a ‘serious and imminent danger’ to their health and was later dismissed. Legal advice should always be taken before commencing disciplinary action in these circumstances.

The future of homeworking

As we come out of lockdown many employers will have to deal with a new type of normality in which homeworking is more prevalent. The competition for talent is likely to be as ferocious as ever, and businesses will have to embrace these changes if they want to retain their competitive edge. As such, now is a sensible time to start thinking more carefully about the implications of homeworking and any policies that need to be put in place or amended to reflect the practice.

Please feel free to contact a member of our employment team below or your usual Walker Morris contact should you have any queries regarding formalising existing homeworking arrangements, or dealing with new homeworking requests. We can help do a “health check” of your existing policies, or prepare new policies which address the specific challenges posed by homeworking.

Visit our Future World of Work hub here.

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A Complete Guide to Homeworking the Legal Requirements

Employer obligations for employees working from home.

Homeworking is on the rise. According to the Office of National Statistics, by 2020, 50% of the UK workforce will be working flexibly and working from home.

Right now, 4.2 million people call their house their office and the expectation for flexible working is becoming more and more in demand. Is your business ready?

Before you can offer such a benefit, you need to understand the legal requirements for working from home. You also need to make sure that your staff have the tools they need to work effectively while out of the office.

Legal Considerations for Homeworkers

• Employment contracts
• Staff Benefits
• Public Liability Insurance
• Health & Safety
• Data Security & GDPR
• Reporting & Performance
• Working Time
• Mortgage Provider Consent

Employment Contracts – These Must Reflect Homeworking

A standard employment contract will not cover homeworking arrangements. To protect your staff and your business, you need to outline:

• Place of work
• Hours of work
• Tax exemptions
• Confidentiality & data protection
• Rights to enter
• Trial periods & review

1. Place of work

If the employee will be working from home, the normal place of work will be the employee’s home. However, include a provision that the employee can be required to attend the office. This gives you the flexibility to call them in when you need them.

You should also include a provision that homeworking is subject to change if the employee moves house. As an employer, you are responsible for your staff, so changes in the place of work must be given due consideration.

2. Hours of work

As well as how many hours they should work, specify when the employee will need to be available for work. Many homeworking employees work flexible hours, so outline their “core hours” and never assume they are doing a normal 9-5.

3. Expenses

Working from home means that employees will be using their internet, electricity and phone for work purposes. So be explicit with expenses.

As an employers, will you cover…?

• Home upkeep costs (Lighting, internet etc.)
• Courier/postal costs

Outline the things your employee can and cannot claim for in their contract. In certain circumstances, payments by employers to reimburse employees for reasonable costs incurred as a result of homeworking can be tax-exempt.

3b. Tax exemptions for employee expenses

To be eligible, the employee must be working under homeworking arrangements . Employers can pay £4/week and the employee doesn’t have to record expenses. Alternatively, employees can choose to seek tax relief arrangements.

4. Confidentiality and data protection

To protect your business, your staff and your intellectual property, make sure your employee contracts set clear provisions for data security.

These should cover:

• Use of devices
• Means of access
• Your commitments to security

If the employee is using their own computer/phone, ensure you have a right to monitor work communications on those devices.

Make sure they have a password in place to limit access. Also, include in the contract terms that allow you to provide them with any security equipment you deem necessary (shredders, CCTV, filing cabinets etc.)

5. Rights to enter

Consider whether you need to include a licence to enter the employee’s home. You may need to install, maintain or service company equipment, or retrieve it on termination. A right to enter will also allow you to carry out risk assessments for health and safety purposes.

6. Trial periods & Review

Homeworking might not be a good fit for you or your employee. A set trial period and review baked into the contract will give both parties an opportunity to be flexible about homeworking.

Staff Benefits & Homeworking

If you offer on-site benefits as part of your employment contracts you must offer those benefits to homeworkers too. Failure to do so can result in discrimination allegations and breach of contract.

Ensure, for example, that they have access to work related benefits (such as the staff canteen or workplace gym) even though they may not use them regularly.

Public liability insurance

Check your employer’s liability insurance covers employees working from home. Make sure that any lack of action does not invalidate the insurance.

Health and safety at work extends to the home

As an employer, you are responsible for the health, safety and welfare of your employees. You must exercise all reasonable means of ensuring this.

• Conduct risk assessments on homeworking environments
• Create a policy for regularly reviewing home environments

Data protection and security

Most homeworking employees move data (or devices that can access that data) into public spaces. That opens up the risk of data being mislaid. Many breaches have occurred from documents being left on trains, USB sticks falling out of pockets, or laptops being stolen.

But you can’t just monitor all your employees’ personal dealings. They have the right to privacy.

As the  Article 29 Working Party states : “Technologies that monitor communications can […] have a chilling effect on the fundamental rights of employees.”

Stay compliant by setting clear boundaries and responsibilities for all parties. Carry out a risk assessment of the data protection implications of homeworking. This would include consideration of the following:

• Access to the employee’s computer and home
• Encryption and data transfer
• Storage of data

Employees working from home does not change their tax status. You still deduct income tax and national insurance contributions as normal.

However, you may advise the employee:

• to check any potential council tax liability due to homeworking;
• that some of their homeworking expenses may be tax-deductible;
• if computer equipment provided by the employer is used for anything more than “insignificant” private use, a tax charge may arise.

Reporting and performance reviews

Out of sight does not mean out of mind. If you are implementing homeworking, you need to review performance and quality policies. Employees working from home can feel isolated and without support. This can affect morale and company culture.

Working time

Under the Working Time Regulations 1998, time spent travelling to work does not count as “working time”.

However, where the employee’s normal place of work is their home and they travel to their employer’s premises or to see clients/customers, this could count as “working time”.

You will need to ensure that homeworkers do not exceed the 48-hour limit on their working week when travel is taken into account (or that they have opted out of the maximum hours’ cap).

Mortgage provider consent

Remind your homeworker that they must have consent from their mortgage provider to work from home.

Remember…Equip your staff

There is no legal obligation on an employer to provide the equipment for homeworking. But it only benefits your business to make sure your staff have the tools they need to do the job.

Most employers will provide basic equipment at least. This usually means providing a phone and computer.

If the employee will be using their own computer equipment, agree on whether or not you will pay for maintenance, repairs and software updates.

Benefits of letting employees work at home

Being able to work at home isn’t just handy for employees. It has can benefit your business, too.

20% of employees that work from home find themselves more productive. With no commute and fewer workplace distractions, your staff get more work done. Giving them the flexibility to choose where they work is considered a benefit. You can attract and retain critical skills and talent.

No commute also means a lower overall carbon footprint for your business. The average commute is 15 miles to work and the same back. If your employee drives an average car, that commute puts 4.6 metric tons of carbon dioxide into the atmosphere every year.

That doesn’t include the cost of heating and lighting a workspace. Letting employees work from home reduces your overheads and frees up office space. In places like London where office space is at a premium, many businesses are opting for hot desking and getting rid of permanent desks altogether.

In order to gain these benefits, you need to make sure you meet certain legal requirements. This includes changes to employment contracts, setting policies for health and safety, data security, tax, public liability and making sure you’re meeting the training and development needs of your staff.

• Higher productivity
• Skill retention
• Better work-life balance
• Lower carbon footprint
• Reduced overheads
• More space in the office

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School behaviour policy.

Every school must publish a behaviour policy. It should be available on their website. If not, you can ask to see it. It explains:

• what’s expected of pupils
• what happens if they misbehave
• what the school does to prevent bullying

It also covers misbehaviour outside of school. For example, misbehaviour when travelling to and from school.

You can ask the school for a copy of their behaviour policy document.

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Homeworking and the law FAQs

22 FAQs about homeworking and the law

• Do we have to give employees a new employment contract if we ask them to work from home?
• Can we require people to work from home?
• Can we cut the pay of people who work from home?
• Do we have to pay new homeworkers the same rate as employees who worked originally in the office that now work from home?
• How do we work out whether 'piece rate' homeworkers are earning the minimum wage?
• How do we prevent home workers using their time and our equipment to work for other people?
• Can we force a home worker we want to promote to return to the office?
• Can we turn down a request to work at home?
• Can we sack an employee who refuses to work from home?
• How long is reasonable to give home workers the opportunity to change their minds?
• Is there a time limit on issuing a revised statement of employment particulars?
• What are the legal implications, if we ask current employees to work from home on a self-employed basis?
• If we employ people to work from home on a freelance basis, do we have to pay their tax and NI?
• Who is responsible for the health and safety of home workers?
• Do we have to have health and safety inspections for home workers?
• Are home workers entitled to sick pay?
• How do we ensure home workers don't work in excess of 48 hours a week?
• Are home workers entitled to a break after six hours?
• Are we responsible for data kept at a worker's home, or accessible on a home worker's computer?
• If we provide the home worker's equipment, who insurances it?
• If a home worker travels to the office, do we have to cover their expenses?
• If we contribute to a home worker's extra costs (eg heating), what is the tax and National Insurance position?

1. Do we have to give employees a new employment contract if we ask them to work from home?

Not necessarily, although normally it would be advisable to do so unless such a change is provided for in the wording of the existing contract. It depends on how specific you have been in their existing contract. If it involves a significant change in their terms and conditions of employment - for example, a place of employment different from that specified in their contract - you will need to record the amendment to their contract. If you have left matters such as the place and time of work to management discretion, you may not need to worry about issuing a new contract.

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2. Can we require people to work from home?

It depends on what their employment contract says. Employers have no general right to require this.

3. Can we cut the pay of people who work from home?

Yes, if the contract of employment permits you to do so, or you reach agreement with the employees concerned. Otherwise no, unless you are willing to risk a claim for constructive dismissal. It could be seen as a fundamental breach of contract - although if your employees continued to work, an Employment Tribunal might hold that they had effectively accepted the change of terms and conditions.

4. Do we have to pay new homeworkers the same rate as employees who originally worked in our offices who now work from home?

Not necessarily. But take advice before you pay them differently, because it could be risky. For example, you risk breaching the equal pay legislation, particularly if the employees you are relocating include a higher proportion of one sex than the employees you are recruiting at a lower rate.

You also run the risk of a case being brought against you under the Equality Act 2010 if the employees you are taking on have another of the 'protected characteristics' that is not shared by the people you are moving to work from home. Protected characteristics are age, disability, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and gender reassignment.

In any case, you will have to show that your decision to pay less can be objectively justified (ie, there is an acceptable business reason for doing so).

5. How do we work out whether 'piece rate' home workers are earning the minimum wage?

Under the 'fair piece rate' system, you may choose to pay the minimum wage for every hour worked, or bring in a 'rated output' system.

Under this system you must calculate the average production speed of the people doing this form of work, and use the resulting figure as the basis for calculating how long piece workers should take to do the work given them. Provided you fulfil certain conditions, the average production speed may be used as the basis for calculating whether workers are paid the minimum wage. This is done by multiplying the number of hours piece workers should take to do the work by 120%.

6. How do we prevent home workers using their time and our equipment to work for other people?

You could put an appropriate term in their contract of employment, expressly forbidding such activities. But even in the absence of such a term, all contracts contain implied terms - terms which may not be spelt out, but which are nonetheless binding. One of them is a duty on employees to serve their employer honestly and faithfully, and work with due diligence, skill and care.

If you can prove that a home worker is in breach of this term, you will certainly have grounds for disciplinary action, and may - if they are working for your rivals, or the offence is repeated - have grounds for dismissal.

7. Can we force someone we want to promote to return to the office?

In theory, yes - unless you have given them a contract which says otherwise, or have reached a different agreement verbally, or have by your conduct given them reason to think they can work at home indefinitely. It is up to you as employer to decide where the work shall be performed. In practice, however, you have to ask yourself whether it is worth it.

If your employee has decided that the ability to work from home is worth more to them than promotion, at best you are going to end up with someone who is unhappy in the job. You could alternatively aim for a compromise, under which they work two or three days a week in the office, or even better, leave it to them to organise their work in a way to guarantee your overall objectives.

8. Can we turn down a request to work from home?

Almost all employees have the right to ask for flexible working from day one. This can include working from home.

You must consider requests in a reasonable and timely manner (within two months). You can only refuse a request for one of the eight business reasons allowed by the legislation:

• The burden of additional costs.
• A detrimental effect on the ability to meet customer demand.
• An inability to reorganise work among other employees.
• An inability to recruit additional employees.
• A detrimental effect on quality.
• A detrimental effect on performance.
• Insufficient work at the times when the employee proposes to work.
• Planned structural changes.

If you do refuse, you must give your reasons in writing, dating the letter and giving details of your appeals procedure. An employee has no statutory right to appeal but it is considered good practice. If the employee is going to appeal, they must do so in writing, and you must arrange a meeting without undue delay.

All requests, including any appeals, must be decided and communicated to the employee within two months from receipt of the flexible working request. This period can be extended by mutual agreement and confirmed in writing to the employee.

If you refuse again, the employee might decide to involve Acas or another mediator. If your procedure was incorrect, or your decision based on incorrect facts, the employee might decide to take you to an Employment Tribunal. If the Employment Tribunal finds against you, you will have to reconsider the application, and may have to pay compensation - so it obviously pays to get it right the first time around.

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9. Can we sack an employee who refuses to work from home?

In certain circumstances, yes, particularly if the contract of employment permits you to change the employee's place of work and the power is exercised reasonably. However, if your employee has been employed continuously for two years, they might be entitled to bring a case against you for unfair dismissal.

Assuming that you have no grounds other than the reorganisation for the sacking, you will have to rely for your defence on 'some other substantial reason' - which means demonstrating the necessity of the change. Depending on how good your case is an Employment Tribunal might or might not accept your reasons. If it does not, you could be liable for a basic award of up to £20,000, and a compensatory award of up to £115,115 from April 2024. Take legal advice.

10. How long is reasonable to give home workers the opportunity to change their minds?

There is no legal obligation on you to keep the option open. If you have used the opportunity provided by home working to scale down your premises, the law accepts that the change may have to be permanent.

However, it may pay you to leave the option open indefinitely if you can. Even with employees who are long established as home workers, circumstances may change, and the reasons for opting for home work in the first place may cease to exist. If you cannot offer them the option to come back to work, they may decide to work elsewhere. You might be able to reach an acceptable compromise by offering a 'hot-desking' arrangement, or providing for the employee to come into work for two to three days a week.

11. Is there a time limit on issuing a revised statement of employment particulars?

A revised statement of particulars should be issued within one month of the change in question.

(A 'written statement of employment particulars' includes the main conditions of employment - read more on the GOV.UK website.)

12. What are the legal implications, if we ask current employees to work from home on a self-employed basis?

You are effectively dismissing them from your employment, so you will have to have good reason, or those who have two years' continuous employment will be able to sue you for unfair dismissal.

Of the acceptable reasons for dismissal (conduct, capability or qualifications, illegality, redundancy, or 'some other substantial reason'), most are inappropriate if you wish to continue to use these people on a self-employed basis. You will probably have to rely on 'some other substantial reason'.

You will also have to persuade HM Revenue & Customs that your employees are genuinely self-employed, otherwise you will still be liable for their income tax and National Insurance contributions. One of the factors HMRC is likely to take into account is the extent to which their income comes from a variety of sources, so you will not be able to rely on using them on a full-time basis.

One way and another, this is a more difficult move than it might at first appear. Think long and hard, and take good legal advice before you make it.

13. If we employ people to work from home on a freelance basis, we have have to pay their tax and NI?

If they are genuinely freelance, no. However, HM Revenue & Customs decides this on a case-by-case basis, looking at a range of factors such as:

• who controls when and how the work is done
• who carries the financial risk if the work is not up to standard
• who provides and maintains items of equipment
• who decides where the work shall be done
• who carries the losses, if any
• to what extent do the workers work exclusively for you

If you control what the workers do, when they do it and how they do it, and if you carry the financial risks of the business, HMRC is likely to find that you employ them, whatever their employment contract (or lack of an employment contract) says about the matter. And if you employ them, you are responsible for their tax and National Insurance.

Read more about employment status on the HMRC website.

14. Who is responsible for the health and safety of home workers?

You are. All the normal health and safety legislation (including the Health and Safety at Work Act 1974, the Display Screen Equipment Regulations, and the Provision and Use of Work Equipment Regulations) continue to apply, and you have the usual duty of care to your home-based employees.

15. Do we have to have health and safety inspections for home workers?

You need to be able to show that you have discharged your duty of care. If possible, it is good practice to get your health and safety officer (or a manager trained in health and safety) to make an initial inspection, and at regular intervals thereafter to get your home-based employees to complete self-assessment forms which are reviewed by your health and safety officer, or by a manager trained in health and safety.

16. Are home workers entitled to sick pay?

Yes. Apart from the change in their place of work, their terms and conditions will, in most cases, remain the same.

17. How do we ensure home workers do not work in excess of 48 hours a week?

With difficulty. It is your responsibility to ensure that they do not breach the Working Time Regulations, and a recent case at the European Court of Justice has emphasised that this is a positive rather than a negative duty - ie you must ensure that your workers take rest breaks, and not just that they can if they want to.

Consider using time-tracking software and apps to monitor working time. At the very least get them to do time sheets - which are checked - and look out for obvious signs of an inability to switch off (such as emails sent out in the middle of the night). Alternatively, you may wish to agree with the employee that the 48-hour limit does not apply (although you may then have to keep more extensive records of working time, and ensure that no employee exceeds 65 hours a week).

18. Are home workers entitled to a break after six hours?

Yes, although it will be difficult for you to manage this, other than by relying on time sheets. You should make sure they know that they are entitled to such breaks; after that you will have to rely on them.

19. Are we responsible for data kept at a worker's home, or accessible on a home worker's computer?

Yes. If your employees will be dealing with information on other people, you should make data security an issue in the initial checks you make on employees, to find out whether they would be suitable as home workers. You should have a policy on data security which should cover home workers. You will certainly want to ensure that they can lock their work away when they are not working on it.

20. If we provide the home workers equipment, who insurances it?

This is a matter to be decided between you and the home worker: it could be either. However, if it is to go on the home worker's home insurance policy, you should ensure that the insurer has been informed, and ask whether there will be any premium variation. If there is a premium variation, it would be reasonable for you to pay it.

21. If a home worker travels to the office, do we have to cover their expenses?

This is a matter for negotiation. Some organisations do; some don't. They could reasonably argue that they are travelling between one place of work and another.

22. If we contribute to a home worker's extra costs (eg heating), what is the tax and National Insurance position?

In theory such payments are taxable, and they will have to be declared. In practice HM Revenue & Customs may allow a local dispensation, of up to £300 a year, on expenses incurred for work and related purposes, including heating, lighting, the metered costs of increased water usage, increases in the cost of home contents insurance, business telephone calls, etc. The expenses must be 'reasonable', and may not include the costs of alterations to the premises, or purchase of furniture.

If you do not make such payments, the worker can claim the cost against their tax liability, though this means less than full recovery. They can also claim for setting aside one room for working at home. This may give rise to a capital gains tax (CGT) liability, but in many cases this can be offset by the annual CGT exemption.

Working from home and hybrid working | Acas guide

All eligible employees have the right to request flexible working - which can include working from home on a full-time or hybrid basis.

Read this guide to homeworking and hybrid working from Acas.

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• 84% 84% 91% 85% 83% 85% 87% 88% 85% 85% 88% 80% 77% 86% 84% 84% 78% 82% 77% 81% 79% 85% 84% 79% 76% 88% 82% 72% 69% 78% 78% 86% 72% 76% 84% 82% 73% 72% 73% 65% 72% 72% 71% 67% 83% 54% 71% 73% 71% 64% 69% 66% 69% 71% 68% 74% 77% n/a 73% 72% 68% 73% 56% 70% 78% n/a 55% 66% 56% n/a 73% 54% 65% 74% 65% n/a 57% n/a 69% n/a 53% 60% n/a 72% 59% 51% 53% 65% n/a 57% 69% n/a 54% 64% 46% n/a 69% 63% 60% n/a n/a n/a n/a 64% 62% n/a n/a n/a 38%
• 92% 85% 89% 85% 88% 80% 83% 81% 82% 87% 79% 81% 86% 78% 72% 82% 72% 70% 77% 82% 84% 74% 74% 76% 82% 73% 76% 75% 72% 69% 72% 75% 73% 67% 72% 77% 84% 80% 76% 88% 73% 61% 62% 57% 68% 74% 72% 61% 66% 75% 69% 62% 70% 60% 71% 60% 62% n/a 61% 53% 65% 57% 57% 64% 63% n/a 63% 59% 60% 87% 57% 65% 59% 50% 64% 59% 61% 76% 56% 72% 64% 58% 68% 58% 59% 64% 61% 56% n/a 67% 47% n/a 52% 62% 58% n/a 51% 62% 51% 86% 47% 45% 65% 48% 45% 33% n/a 48% 64%

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The following institutions have courses in this subject but insufficient data to be included in the ranking:  

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International Edition

• University of Kentucky

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• UK Rosenberg Law Cohosts Celebration of Black Alumni

The University of Kentucky J. David Rosenberg College of Law, in collaboration with the University of Kentucky Alumni Association’s Lyman T. Johnson Alumni Constituency Group, recently hosted a Pioneers for Progress celebration, recognizing African American alumni. This initiative strives to re-engage and celebrate African American, Black, and other graduates of color. Their experiences, sacrifices, and impact continue to pave the way and open doors for current and future generations of UK students.

This year’s Pioneers for Progress event included a lunch panel featuring law alumni who discussed their careers and experiences in law school. The evening activities included a reception and reveal of a new Pioneers for Progress wall outside of the law school’s G. Chad Perry III Grand Courtroom. Following the wall reveal, there was a panel discussion about the impact of Lyman T. Johnson’s court case, the significance of his challenge, and what it has meant for the University of Kentucky’s past, present, and future. 

Danny Murphy, the senior assistant dean of community engagement and operations, moderated the noon panel. He noted that the opportunities afforded to many law students today exist because of the sacrifices of graduates from the past. “We want you to hear their stories,” he said.

All the speakers on the lunch panel were UK Rosenberg College of Law alumni: Debra Merchant (Class of '84), John Merchant (Class of '82), and David Olinger (Class of '76).

John Merchant, a partner with the law firm of Dinsmore and Shohl, described the camaraderie among the small group of Black students in his class. “It was important for us to make sure that we all made it,” he said. “There was this sense of community.”

Debra Merchant, recently retired Vice President of Student Affairs for the University of Cincinnati, said she found a mentor while in law school who understood her as a woman, even though the mentor didn’t look like her. “The biggest change, which has opened so many doors, is that now we have a network in the profession,” she said.

David Olinger, retired Assistant U.S. Attorney for the Eastern District of Kentucky, recalled students in his class starting the Black Law Students Association student organization at the University of Kentucky. Later, many of the same individuals were involved in starting Lexington’s John Rowe Chapter of the National Bar Association. Offering advice to current law students, Olinger emphasized that they shouldn’t take shortcuts in their classes and jobs. “Do your work and get it done,” he said.

The evening panel discussed the 75th anniversary of Lyman T. Johnson’s successful lawsuit against UK, which resulted in him becoming the first African American student at the university. 

“This was the month that the court case was won – very significant (time period in our  history),” said Judge Brian Edwards, Circuit Court Judge, Jefferson County, and 1996 graduate of the law school, who moderated the panel.

The panelists were Judge Melissa Murphy, District Court Judge, Fayette County, a 2001 graduate of the law school, as well as UK alumnus Dr. Ricky Jones, a University of Louisville professor in the Pan-African Studies Department, and Dr. Derrick White, a UK professor of history and African American and Africana Studies.

The panelists shared experiences that resonated with many graduates in the audience, ranging from the challenges and pain of being Black students on UK’s campus to experiences that shaped their lives because of the connections made and education achieved through their time at the university. For many of the panelists, being part of a smaller community within the university led to lifelong friendships and a brotherhood/sisterhood that that spans generations and keeps them connected through the university and their careers to this day.

The attendees loudly applauded Emmett “Buzz” Burnam who was in attendance.  One common message by the panelists and UK graduates in attendance was the importance of the university having individuals who dedicated their careers to recruiting and supporting African American students to succeed at UK. Although not an exhaustive list, the names mentioned throughout the evening included Buzz Burnam, Chester Grundy, Frank X Walker, Joyce Beatty, Toni Thomas, and Jerry Stevens. 

Prior to the evening panel discussion, the college revealed a new wall outside of the Grand Courtroom that features law school graduates of color. Senior Assistant Dean Murphy said the goal when the renovated law school building opened, with the support of UK Rosenberg Law Dean Mary J. Davis, was to include a place in the building to recognize pioneers of the college.

“This will be a living wall and an evolving wall,” Dean Murphy said. “The photos that you see today, we are looking forward to adding more to the wall. We are looking forward to rotating the wall features, and we hope this becomes a piece that people will come to see.”

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• UK Rosenberg Law Professor Joshua Douglas Receives Fulbright Specialist Award to Italy at Luiss-Guido Carli University in Rome

University of Kentucky J. David Rosenberg College of Law 620 S. Limestone Lexington, KY 40506-0048

Main: 859.257.1678 Main fax: 859.323.1061 Admissions: 859.218.1699 [email protected] [email protected]

UK FCA Doubles Down on Naming Financial Firms Under Probes (1)

By Upmanyu Trivedi

The UK ’s financial watchdog pushed back against criticism of its plan to name firms it’s investigating at an early stage, which it thinks will boost transparency and deterrence.

The Financial Conduct Authority believes the proposals are timely, according to its response to a House of Lords Financial Services Regulation Committee published on Friday. Firms and consumers benefit from knowing which issues are in the watchdog’s sights, leading to better standards of conduct, it said.

“We know that a number of those to whom we are accountable have frequently and forcefully expressed their frustration at our lack of transparency,” said ...

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UK’s newly passed ‘Safety in Rwanda’ bill is anything but safe: UN officials

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Following the United Kingdom Parliament’s passage of the “Safety of Rwanda” bill, two top UN officials sounded an alarm on Tuesday about its harmful impact on global responsibility-sharing, human rights and refugee protection.

Filippo Grandi, the UN High Commissioner for Refugees, and Volker Türk, the UN High Commissioner for Human Rights, issued a  joint statement calling on the UK Government to reconsider its plan to transfer asylum seekers to Rwanda.

This arrangement seeks to shift responsibility for refugee protection , undermining international cooperation, Mr. Grandi added.

“The new legislation marks a further step away from the UK’s long tradition of providing refuge to those in need , in breach of the Refugee Convention,” he said. “Protecting refugees requires all countries, not just those neighbouring crisis zones, to uphold their obligations.”

Instead, the UK should take practical measures to address irregular flows of refugees and migrants, based on international cooperation and respect for international human rights law, the UN officials said.

Raises risks for asylum seekers

The asylum and immigration legislation, known commonly as the Safety of Rwanda bill, was tabled before Parliament alongside the UK-Rwanda Asylum Partnership Treaty after the UK’s Supreme Court found last year that the proposed transfer of asylum seekers to the African country would breach international and UK law .

The court’s decision had noted weaknesses in Rwanda’s system for determining individual asylum claims.

But, the bill and the treaty do not in practice overcome the protection gaps identified by the Supreme Court, the UN officials stated, adding that once enacted, the measures will restrict the UK courts from properly scrutinising removal decisions, leaving asylum seekers with limited room to appeal even if they face significant risks.

New bill sets ‘a perilous precedent’

Mr. Türk said the bill infringes on the rule of law.

“By shifting responsibility for refugees, reducing the UK’s courts’ ability to scrutinise removal decisions, restricting access to legal remedies in the UK and limiting the scope of domestic and international human rights protections for a specific group of people, this new legislation seriously hinders the rule of law in the UK and sets a perilous precedent globally,” the UN rights chief said.

He said it is critical to the protection of the human rights and dignity of refugees and migrants seeking protection that all removals from the UK are carried out after assessing their specific individual circumstances in strict compliance with international human rights and refugee law.

A fair, efficient and well-governed migration and asylum system is key  to ensuring access to protection for those in need and enabling the return home of those with no lawful basis to remain, the UN officials said.

Acknowledging the challenges presented by the irregular movement of refugees and migrants, often in dangerous circumstances, the UN leaders nonetheless expressed grave concern that the legislation would facilitate transfers under the UK-Rwanda asylum partnership, with only limited consideration of their individual circumstances or any protection risks .

They called on the UK instead to pursue practical cooperation with countries along the routes that refugees and migrants take, to strengthen protection and offer real alternatives. This includes expanding safe and regular pathways to protection, they said.

Progressively restrictive laws

The UN officials pointed out that the new legislation is the third in a series of progressively restrictive laws that have eroded access to refugee protection in the UK since 2022, including through a ban on access to asylum or other forms of permission to stay in the UK for those arriving irregularly via a third country.

If implemented, the new bill would “pave the way for asylum seekers, including families with children, to be summarily sent to Rwanda to present their asylum claims, with no prospect of return to the UK”, they said.

The new bill will also drastically limit the ability for asylum seekers to challenge or appeal removal decisions, with decision makers and judges required to conclusively treat Rwanda as a “safe” country in terms of protecting asylum seekers, regardless of any evidence to the contrary, now or in the future, the UN officials said.

This situation is even more concerning given the legislation expressly authorises the UK Government to disregard any protective interim remedies from the European Court of Human Rights, the UN chiefs warned.

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Britain's Rwanda asylum legislation formally becomes law

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Reporting by William James, editing by Elizabeth Piper

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Yemen's Houthis said on Saturday their missiles hit the Andromeda Star oil tanker in the Red Sea, as they continue attacking commercial ships in the area in a show of support for Palestinians fighting Israel in the Gaza war.