Remote and hybrid working are now a permanent feature of UK working life. But letting staff work from home (or anywhere) does not reduce an employer's legal duties, and it raises some new ones around health and safety, data protection and fair treatment. Here is a plain-English guide for employers in England and Wales.
Health and safety still applies, wherever they work
Under the Health and Safety at Work etc. Act 1974, your duty to protect employees' health and safety extends to those working at home or remotely. Practical steps:
- carry out (or ask employees to complete) a homeworking risk assessment, covering workstation/display screen equipment (DSE), seating, lighting and electrical safety;
- provide guidance and, where needed, equipment; and
- consider mental health and wellbeing, as isolation and "always-on" working are real risks.
Data protection and security
Remote working increases data risk, so comply with the UK GDPR / Data Protection Act 2018:
- ensure secure devices and connections (encryption, VPNs, strong passwords, MFA);
- have clear homeworking and BYOD ("bring your own device") policies;
- protect confidential information seen or handled at home; and
- be ready to handle personal data breaches that may be more likely off-site.
Flexible working and fair treatment
- The right to request flexible working is now a day-one right; handle requests reasonably and within the statutory framework.
- Treat remote and office workers consistently, avoid disadvantaging remote staff in pay, promotion or opportunities (and watch for discrimination, e.g. where flexible/remote working supports disabled staff or those with caring responsibilities).
- Consider reasonable adjustments for disabled employees working remotely.
Contracts, working time and expenses
- Update contracts/policies to reflect remote/hybrid arrangements (place of work, expectations, equipment, security).
- Respect working time rules (the 48-hour average week, rest breaks), remote does not mean unlimited hours.
- Consider expenses and any tax treatment of homeworking costs and equipment.
Right to work, location and tax
- Right-to-work checks still apply.
- Be cautious about employees working abroad, this can create tax, social-security and local employment-law issues in the other country; take advice before agreeing to overseas remote working.
Practical checklist
- Homeworking risk assessment and DSE checks.
- Secure IT and a data-protection/homeworking policy.
- Updated contracts and clear expectations.
- Fair, consistent treatment and reasonable adjustments.
- Working-time compliance and an expenses/equipment approach.
- Care before allowing overseas remote work.
Key takeaways
- Your health and safety duties (HSWA 1974) apply to homeworkers, do a risk assessment (including DSE) and consider wellbeing.
- Manage data security under the UK GDPR/DPA 2018 with secure devices and clear policies.
- Handle flexible-working requests (a day-one right) fairly, treat remote staff consistently, and make reasonable adjustments.
- Update contracts, respect working time, address expenses, and take advice before agreeing to overseas remote working.
Sources
- Health and Safety at Work etc. Act 1974 and DSE regulations (duties extend to homeworkers)
- UK GDPR / Data Protection Act 2018 (data security for remote working)
- Employment Rights Act 1996 and flexible-working regime (day-one right to request); Equality Act 2010 (discrimination; reasonable adjustments); Working Time Regulations 1998
--- This article is general information about the law of England & Wales as at 2026, not legal advice. For advice on your circumstances, consult a qualified solicitor or HR professional.