Latest Employment Tribunal decisions give ammunition to the already raging Working From Home Debate

How many people who work remotely from home, use their working hours to squeeze in that extra washing load, cut up the veg for dinner, or book their  gardener to come round whilst they are home to supervise?

Tipping the balance

Is this a win for the employer and win for the employee? Or are profitability and activity levels suffering as a result? This has always been a hot topic. Where do we draw the line? When does doing the odd household chore cross the line and amount to a breach of trust and confidence?

Is your employer trusting you to do your job and nothing else whilst working from home? What about when you are in the office and take a tea break? 

What about how you dress? Surely what they can’t see won’t hurt them…..? until they do see what they aren’t supposed to see!

Meetings versus Marigolds

An employee had been asked to meet the managing director of his employer in person for a mediation to resolve an ongoing dispute. The employee asked for the meeting to be conducted remotely as he wanted to work from home to supervise his gardener. 

The managing director was willing and did in fact attend the office. The mediator appointed to try and help in resolving matters between the pair questioned the decision to work from home to supervise gardeners rather than attend what was considered an important meeting.

The employee subsequently raised a grievance,  resigned and claimed constructive dismissal on the basis that he had lost trust and confidence in the employer due to bias in the investigation process and inadequate dealing of his grievance.

The employer cited the working from home incident to supervise his gardeners as culpable conduct that destroyed their trust and confidence in him. The ET disagreed and said that the conduct could not be considered so culpable or blameworthy as to go to the root of the employment contract and destroy the relationship beyond repair.

Below the belt dress code

An employee was dismissed  after standing up during a remote video call meeting to adjust a cable behind his computer without any underwear on and exposed his genitals.

An investigation into the incident was launched after complaints from the employee’s colleagues.

During the investigation the employee admitted that he didn't always "wear full dress" at home and also explained it was also a bank holiday. He put the indecent exposure down to an innocent accident and apologised.

The employee brought a claim for unfair dismissal and race discrimination on the basis that he was from India and therefore being taken advantage of by being asked to work during public holidays and then being disciplined.

The tribunal noted that irrespective of whether he had been required to work the bank holiday because of his race / nationality (which it held he had not – as he had offered and agreed) there was no excuse NOT to dress appropriately.

Legal and Practical Takeaways

•  Clear Policies: The recent cases highlight the importance of clear, written home-working policies that specify expectations around location and availability, especially if there are important meetings that require in office attendance.

• Procedural Fairness: Employers must thoroughly investigate alleged misconduct and follow fair disciplinary procedures—even if the employee’s conduct appears questionable. There should be no bias and investigations should be independent.

• Blurred Boundaries: Remote work has blurred lines between personal and professional life, expectations including dress codes / conduct during working hours should be explicitly communicated and documented in the form of a Remote Working Policy.

How can we help? Compliance is key

Here at OW  we fundamentally believe that  working from home  can only be successful if employers set out clear expectations and a framework for compliance for employees; and let them know what the potential ramifications are of not meeting those expectations  or failing to comply with policies / procedures.

Contact us for advice and guidance on remote working and policies that can help to govern the same.