Before the COVID-19 pandemic, working from home was an exception to the general practice of office-based work. By October 2024, the Office of National Statistics recorded that 28% of the current national workforce was participating in some form of hybrid working, and a further 13% were working exclusively from home. But what rights do employees have against their employer when they suffer an injury during working hours, in their own home? The question is an important one, given that The Royal Society for the Prevention of Accidents claims that more injuries happen at home than anywhere else. Does the liability sit with the homeowner/employee or employer when injured in a remote working space? Whose insurance picks this up?
Theoretically, the geography of the working space should make no difference. Employees should have the same rights as those working from a traditional office space, and if an injury is sustained while performing a work-related task at home, the employee should be able to pursue a claim. But what is the position of the employer who has no rights to access, no effective control over, and certainly no power to interfere in an employee’s private residence?
The fact that the workspace is located at home does not abrogate employer responsibilities for insulating against obvious risks. There is no specific legislation relating to working from home, but The Workplace (Health, Safety and Welfare) Regulations 1992 was drafted broadly enough to encompass domestic premises. The employer is expected to take reasonable care of the safety of an employee working from home. An employer must take reasonable steps to mitigate any risks to injury – a very broad definition, that covers stress and anxiety induced by the pressures of working in an unfit environment. The Regulations do not legally require a personal visit and risk assessment, but doing so regularly would be a significant mitigation defence in the event of a claim.
The employer does have an ongoing responsibility for making sure that each worker has a safe, quiet, well-lit and appropriately heated space to work in. An employer needs to supply all necessary equipment from ergonomically appropriate chairs, desks, screens, telephones, keypad and mouse, and a filing facility, but also cannot ignore overcrowding, lack of light and lack of quiet. Although an employer cannot control an employee’s home environment they cannot afford to overlook circumstances where the employee lives (for example) in an overcrowded or dangerous environment, or if they do not have privacy / personal space to do work safely. The employer needs to know that an employee will not be distracted by a caring function, or responsible for childcare during working time.
The full extent of the duty of an employer to interfere with a home environment remains to be tested in law. There are no reported cases, as of yet, of an employer outright refusing an individual’s rights to work from home – which are widely available to everyone else – on the basis that one person’s home is too small, too cluttered, too overcrowded or just not suitable. Can an employer really demand an up-to-date gas safety certificate or and electrical safety test? Is an employer allowed to intrude into the personal affairs of employees and their families, to check for their role in the care of elderly family members with whom they live, or their children? To what extent, should an employer delve into issues of isolation and loneliness, and broader concerns about mental wellbeing? Ultimately, the employer is the party with the vulnerability, facing a prima facie problem if an employee is harmed by faulty equipment, or as a consequence of too much pressure to perform a job expected of them in a place which makes that task near impossible to perform. Equally, an employer may find itself in a difficult situation defending a claim if they fail to implement basic procedures to inspect, check, ask and supply all that is reasonably necessary to do the job at home.
There are many factors to consider when looking into the capacity of staff to work from their own homes. They do have a personal responsibility for their own safety and the safety and suitability of their homes. However, the liability of the employer exists to ensure that such spaces are safe and secure, confidential where that is required, and appropriately equipped.
If you do believe that you have suffered an injury due to your employer’s negligence, you should consult with a legal professional to help you understand your options and navigate you through a claim.
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