- working from home during the COVID-19 crisis
- working from home after the COVID-19 crisis
- development of guidance
This statutory guidance is intended to support employers and the self-employed to continue to facilitate working from home in line with the Coronavirus (COVID-19): Strategic Framework update – February 2021 and the Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 .
The guidance can be applied across any sector or role where working from home is possible.
Organisations should make every reasonable effort to make working from home the default position as it has been throughout the pandemic. Where a worker can perform their work from home, they should continue to do so.
This guide is underpinned by a spirit of collaborative working between employers and their workforce, recognising that organisations have a legal responsibility to maintain workplace health and safety (including for those working from home) and must consult with the health and safety representative selected by a recognised trade union or, if there is not one, a representative chosen by workers. Organisations cannot decide who the workforce representative will be.
This guidance should be applied to each employer. You will need to translate this into the specific actions you need to take depending on the nature of your business (i.e. the size and type of employer, workforce composition, how it is organised, operated, managed and regulated) using this document as a guide. As each employer is different, it is for individual business and other organisations to work with trade union or workforce representatives to determine how best to apply the guidance in their circumstances.
You may wish to use the checklist provided to guide you in working through the various considerations for your organisation.
Currently, and prior to COVID-19, employees with 26 weeks service have the legal right to request flexible working, which can include working from home.
Working from home as a public health measure in response to the pandemic has been a crucial factor in mitigating the transmission of the virus amongst the general population. Working from home has not been a choice for the organisations that have implemented it, nor was it a choice for the workers who are practising it. Those who are working from home are contributing to the public health effort. People working from home are making it safer for those workers who cannot work from home – it is an effort we must continue. Employers should continue to support employees to work from home wherever possible.
The Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Regulations 2020 places a duty on employers to take all reasonable steps to minimise the spread of coronavirus. This includes controlling the use of, or access to, your premises. Supporting staff to work from home for those roles that can be undertaken remotely is a way to comply with this duty.
As set out in this guidance, all employers and employees should discuss their working arrangements, and employers should facilitate their employees working from home wherever possible, including providing suitable IT and equipment to enable remote working.
The Scottish Government is keen to build confidence and create the right environment for supporting safer work as we continue to live with COVID-19.
The guidance can also be used as a tool for an ongoing and continued shift in employer policies towards incorporating higher levels of working from home in a post-COVID landscape. In conjunction with their workforce employers could change their working practices more long term. Introducing flexible and agile working policies that balances the needs of employers and workers has been found to raise loyalty, motivation and business productivity as workers experience an improved work-life balance.
We have worked with employers, trade unions and key stakeholders, including the Fair Work Convention, to ensure that this guidance is evidence-based, fair and ethical, clear and realistic.
To judge whether and when restrictions can be changed we will consider a range of evidence on the progress of the pandemic in Scotland using the principles set out in Coronavirus (COVID-19): Strategic Framework update – February 2021 and our long established commitment to fair work. Organisations including the Institute of Directors (IoD), SCDI, STUC, COSLA and SCVO have signed a fair work statement underlining the collaborative approach needed between employers, unions and workers to ensure workplaces can operate safely when lockdown restrictions ease.
This guidance will be reviewed on a regular basis in line with the review of lockdown requirements.
The remainder of this guidance sets out our recommendations across:
- employee wellbeing
- health and safety
- equipment and IT systems
- communication and engagement
- expectations and,
- pay, expenses and finances
The guidance is informed by relevant legal and regulatory frameworks, including health and safety and existing employment rights.
This document is provided as guidance only and does not amount to legal advice. Employers may wish to seek their own advice to ensure compliance with all legal requirements.
If you can suggest ways we can improve the guidance please email Fairworkcovid19enquiries@gov.scot