Personal Development Review Form

A personal development review form can be used as part of a formal appraisal or performance review to assess and record your employee’s performance. It allows you to assess how well they have performed against their objectives, discuss any issues and set further objectives and a personal development plan. It might also be called a performance review form, a performance and development review form or a performance appraisal form. You can provide this template to your employee in advance of their appraisal meeting and ask them to complete relevant sections of the form. This will help you to assess how well they have met their objectives, discuss any issues and establish their development needs for the future.
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Data protection impact assessment policy

A data protection impact assessment policy is an internal document setting out how and when your business will assess the data protection risks of its activities. It’s important to have proper policies and procedures in place when you’re handling personal data and carrying out a data protection impact assessment is sometimes mandatory under Article 35 UK GDPR. A data protection impact assessment might also be referred to as a privacy impact assessment, a DPIA or a GDPR risk assessment. This template DPIA policy will help you to comply with your data protection obligations by setting out when and how your staff should consider carrying out data impact assessments. It also includes a template DPIA form, which has been produced by the Information Commissioner’s Office (ICO). This provides an example of how you can assess, record and seek to reduce the privacy risks associated with your projects. Where applicable, it also includes a template DPIA form for use by online services which are directed at, or are likely to be used by, children, which has been produced by the ICO. This will help relevant online services to comply with their obligations under the ICO's Age Appropriate Design Code. You can also purchase this policy as part of the Data protection policy toolkit .
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Staff flexible working and working from home
Flexible working requests
Q1:What are the proposed reforms to flexible working under the Employment Rights Bill?

Following the introduction of the Employment Rights Bill to Parliament on 10 October 2024, this area of law is being considered for reform (see our blog explaining the Bill here). Any reforms are unlikely to take effect before 2026. would only be permitted to refuse a request for if they consider that the application should be refused on a ground or grounds listed in the Employment Rights Bill (such as detrimental impact on performance) and if it is reasonable to do so.


Q2:What is flexible working?

can describe any type of working arrangement other than a normal working pattern, which involves a change to the number of hours worked (eg part-time working), the times of work (eg later or earlier start times) or the place of work (eg working from home).

There are a large number of working arrangements that could be described as and not all of them will, in practice, be suitable for your business. Some of the more common forms of include:

  1. part-time working (see Q&A 3);

  2. flexitime (see Q&A 4);

  3. (see Q&A 5);

  4. job sharing (see Q&A 6);

  5. compressed hours (see Q&A 7);

  6. home working, where your member works from home (or some other place away from the workplace) rather than from your business premises for some or all of their working hours (see Q&A 39 and following). Note that when your member's time is split between working from home and working from your business premises, this may also be referred to as hybrid working (see Q&A 60 and following);

  7. a change in shift, such as a move from a night to a day shift.

If your member requests to work overtime, see Rules about working hours for more information.

If you are dealing with a request, you can use Flexible working toolkit which includes all the documentation and guidance you need to carry out a full, fair process.


Q3:What is part-time working?

Your member works fewer hours per week than is usual for full-time at your business. This might mean fewer hours per day or the same hours per day but fewer days per week. See Part-time staff for information about the rights of part time .


Q4:What is flexitime?

Your member works fixed hours at any point within a certain window. For example, a member on flexitime might work eight hours per day at any point between 8.00 am and 7.00 pm but they can choose when exactly they start work and when they finish provided it is within that period. Flexitime can core hours during which a member must be present.


Q5:What are annualised hours?

Your member must work a certain amount of hours over the course of a year, but with flexibility over when those hours are worked. For example, you might commit to giving a member 1,820 hours work over the course of the year (averaging out at 35 hours per week). Although you have to meet the contractual target by the end of the year, you could choose to give your member shorter hours during off-peak times, and longer hours when demand for your services is higher. See Employees for more information about taking on on this basis.


Q6:What is job sharing?

Two (or more) of your members take on the responsibilities of a single full-time position by working at different times. For example, one of your members may work on Mondays and Wednesdays while the other works on Tuesdays, Thursdays and Fridays, or your members may work on alternating weeks.


Q7:What are compressed hours?

Your member works the same number of hours per week but over a compressed period. For example, instead of working a 40 hour working week by working 9.00 am to 5.00 pm on Monday to Friday, they may work 7.00 am to 5.00 pm on Monday to Thursday.


Q8:Who has the right to request flexible working?

and have the right to request from their first day of employment. The right does not apply, however, if the member has made two or more formal requests to you during the preceding 12 months, whether or not the previous application related to the same issue and whether or not it was accepted or rejected by you. You can of course consider more than two formal requests within the same 12-month period if you choose, but you are under no legal obligation to do so.

Note that if your member made a previous request informally ie not through the formal statutory scheme (see Q&A 10 for how to tell whether a request has been made formally or not) then they can make a further request (informally or formally) whenever they like.


Q9:Is my agency worker entitled to ask for flexible working?

who have been can make a request if they are returning to work from a period of .

They cannot apply if they have made two previous applications in the preceding 12 months.

See Parental leave for more information about and Agency workers for information about hiring .


Q10:What is a formal flexible working request?

A formal request is one that has been made by a qualifying or (see Q&A 8 for who is eligible) and is in writing, dated and includes specified information. As an , you are under a duty to consider all formal requests in a reasonable manner.

See Q&A 12 for the information that a formal request must contain.

If an makes a formal request, or you think they might have done, you can use Flexible working toolkit to guide you through the process.


Q11:Do I need to tell my staff how to make a formal flexible working request?

Yes; you need to make sure your know how they can make a formal request. You can do this by setting this information out in your policy. For a template policy, see Flexible working policy. You can choose to generate the policy either on its own or as part of a full using Staff handbook and policies. To make it easy for your to comply, it is a good idea to provide a template letter for them to use; see Flexible working - for employee - request for flexible working. You can also find this letter as part of the Remote working and cybersecurity toolkit.


Q12:What information does a formal flexible working request need to contain?

It is a good idea to provide with a template letter to use to make a formal request so that it includes the necessary information; see Flexible working - for employee - request for flexible working. You can also find this letter as part of the Remote working and cybersecurity toolkit.

To constitute a formal request, the request needs to:

  1. be made by a qualifying or (see Q&A 8 for who is eligible);

  2. be in writing and dated;

  3. state that it is a formal request for ;

  4. say whether the member has made a formal application before (and if so, give the date of that application); and

  5. specify what change(s) your member is seeking to their employment terms and conditions (eg to change to part-time hours) and what date they would like that change to be effective.

You have specific legal obligations when dealing with a formal request which do not bind you if the request is informal, so it is important to know whether a request qualifies as formal or not.

See Q&A 13 about what to do if the request doesn't meet these criteria.


Q14:How should I deal with flexible working requests that are made informally or by ineligible staff?

You are under no legal obligation to consider requests for from a member who is not entitled to make a formal request (see Q&A 8) or who doesn't make one formally (see Q&A 12).

However, you should have a look at the request and consider whether to action it because:

  1. It may in fact be a request to make reasonable adjustments; you are required to make reasonable adjustments to ensure that a member of is not put at a substantial disadvantage in comparison to your other members of . For example, allowing a to work flexitime (eg because they are in a wheelchair and wants to avoid peak travel times on public transport) may be a reasonable adjustment that you are required to make. See Q&A 35 for further guidance.

  2. If you do not consider it and maintain business practices that, for example, make working arrangements difficult for with childcare responsibilities, you may be discriminating against your . See Q&A 34 for further guidance.

  3. The change requested may in fact be a benefit to your business; eg working from home could help reduce overheads and working outside usual office hours could help provide to clients or customers. Generally, if you can, allowing can be a good way of boosting satisfaction and morale.

There is no set procedure for your to make an informal or ad hoc request for and no set procedure for you to deal with such requests (unless you have specifically said so in your policy and/or, if you have one, your working from home policy and/or your hybrid working policy). If you use our template Working from home policy (either on its own or as part of your ) it sets out the number of days' notice you require for working from home requests, and the criteria that you will take into account when deciding whether to agree to the request. You should always comply with all policies that you provide to . You can also find this policy as part of the Remote working and cybersecurity toolkit.

You may want to consider permitting a request on a trial basis to find out how it works in practice for both your business and your member. For example, if your has requested a hybrid working arrangement, you may want to trial whether the days that you have agreed that your member will work remotely versus at your workplace actually work in practice for your business, your member and their team. Equally, if your member wants only a temporary change to their working hours (eg they want to work flexitime for a few months to enable them to care for a sick relative), you could consider dealing with this request informally rather than following any strict process to change the terms and conditions of their employment. Any agreement reached between you and your member should be documented in writing for clarity.


Q15:How quickly do I have to deal with a formal flexible working request?

Once you receive a formal application for (see Q&A 10 to identify one), you have two months from the date you received it in which to reach a decision, notify your of your decision and conduct any appeals process that you have (unless you both agree to an extension of this period). The Flexible working toolkit will help you take all the necessary steps in good time.

The day the two month period starts depends on how your sent you their request (unless you can prove that you actually received it on a later date):

  1. personal delivery, email or fax: on the day the request was sent (provided you have permitted requests to be sent by email or fax in your policy and have provided contact details for that purpose); or

  2. post: on the standard day of delivery for the postal method used (eg next working day for First Class post).


Q16:Do I have to agree to a formal flexible working request?

No; you are not under any legal obligation to actually agree to formal requests. However, you are under an obligation to consider them in a reasonable manner and consult with your about potential alternatives. This means that even if they are particularly unusual requests (eg to work remotely abroad for one week in each month), you must follow a reasonable process when considering the request and only reject it on one or more of the eight permitted grounds (see Q&A 19 for the grounds).

What is reasonable will depend on the circumstances, but has produced a Code of Practice for businesses, which sets out best practice for handling a formal request in a reasonable manner. Your compliance with the Code of Practice will be taken into account by an if a claim is brought against you by your about how you have handled a request.

See Q&A 17 and following for the process you should follow.


Q17:What process should I follow after I receive a formal flexible working request?

See Flexible working toolkit for the full process that you need to follow and all the documents you need to respond to a formal request.

When you receive a formal request for , the Code of Practice recommends that you deal with it in the following way:

  1. As soon as you receive the request, you should acknowledge receipt in writing. recommends that you arrange a meeting in private with your . If you are planning to decline the request, you must ensure you meet with your , consult with them and discuss potential alternatives. For a template letter acknowledging receipt of your 's formal request and inviting them to a meeting, see Acknowledgment of flexible working request and invitation to a meeting. See Q&A 18 for information about how to run the meeting.

  2. After meeting with your , you should objectively consider their request, balancing any possible benefits to both you and your against any possible negative business impacts. You can only refuse the request on one or more of eight specific grounds. See Q&A 19 and following for further information.

  3. Once you have taken your decision, you must inform your in writing as soon as possible, and within two months of you receiving the request unless you have agreed an extension with your . This two month period includes any appeals process that you permit if you reject your 's request. You may decide to either:

    1. accept the request (with or without modification) (see Q&A 28);

    2. agree to a trial period (see Q&A 29); or

    3. reject the request (see Q&A 30).

  4. If you have rejected your 's request, have an appeal process so that your can discuss your decision with you; see Q&A 31 for further guidance.

You should set out your business' procedure for responding to formal requests in your policy (for a template policy, see Flexible working policy; you can choose to generate the policy either on its own or as part of a full using Staff handbook and policies).


Q18:Should I have a meeting with my employee to discuss their flexible working request?

Yes; discussing your 's request can help to inform your decision-making by giving you a better understanding of what changes to their terms and conditions your is looking for and how they might benefit both them and your business.

While you may feel that a meeting is unnecessary if you plan on approving the request, it could still be beneficial to ensure that the arrangement agreed to is the most appropriate solution for both your business and your . For example, it may become clear through a discussion with your that in fact a temporary, informal change to their working hours would be sufficient rather than a permanent change to their terms and conditions.

If you plan to decline the request, it is a legal requirement that you consult with your and discuss potential alternatives before declining it.

recommends that it is best practice to allow your to be accompanied (if they wish) to the meeting, eg by a colleague or a Trade Union representative, and you should ensure that they are informed of this in advance so they can make arrangements; see Acknowledgment of flexible working request and invitation to a meeting for a template letter that contains appropriate wording.

If your informs you that they cannot make the proposed meeting, you should rearrange it to a time suitable to both of you. Bear in mind, however, that if your misses two arranged meetings, you are entitled to treat their request as being withdrawn, provided that you notify them that you will be treating their conduct as a withdrawal of their request. recommends that before doing so, you should find out why your has failed to attend both meetings and consider their reasons before deciding whether or not to treat their application as withdrawn. For a template letter informing your that you intend to treat their request as withdrawn, see Flexible working - notice to treat the request as withdrawn.


Q19:How do I decide whether to approve or deny a formal request for flexible working?

The ACAS Code of Practice advises that you consider requests objectively and weigh up the benefits that the requested changes might bring to both your and your business against any possible negative impacts (eg additional costs or potential logistical implications) for your business.

While you are under no obligation to approve a formal request for , you can only legally refuse it if, having weighed the considerations, you conclude one or more of the following eight grounds applies:

  1. there is an unacceptable burden of additional costs (see Q&A 20);

  2. the change would have a detrimental impact on your ability to meet customer demand (see Q&A 21);

  3. you are unable to reorganise work among your (see Q&A 22);

  4. you are unable to recruit cover (see Q&A 23);

  5. the change would have a detrimental impact on quality (see Q&A 24);

  6. the change would have a detrimental impact on performance (of the individual or their team) (see Q&A 25);

  7. there is insufficient work during the proposed periods of work (see Q&A 26); or

  8. your business has planned structural changes (see Q&A 27).

When you are considering a request for , you must be careful not to discriminate against your (either directly or indirectly). See Q&A 35 for more information about dealing with requests for from and Q&A 34 for information about those with childcare responsibilities.

Remember that if you are unsure about the long-term sustainability of a request, you could agree to a trial basis before rejecting it outright (see Q&A 29) , or you could agree to the request with modifications.


Q20:Can I refuse a flexible working request if it will mean additional costs for my business?

Yes, if the burden of any additional costs that would be involved is unacceptable to your business.

recommends that as part of your considerations of the costs involved, you should ensure that you take account of any potential savings that the proposed working arrangement might bring to your business (eg a reduction in overheads, including rent, from home working, or more productive ).

Take particular care about relying solely on cost if there is a risk of ; see Q&A 34 for information about dealing with requests from those with childcare responsibilities and Q&A 35 for information about dealing with requests from .

See Flexible working - rejection of request for a template rejection letter.


Q21:Can I refuse a flexible working request if it will have a detrimental impact on my clients or customers?

Yes; you are permitted to refuse a formal request if you believe that the change would have a detrimental impact on the ability of your business to meet customer demand (eg because by your working flexitime, you would not be able to that someone would be able to answer customer queries at all times of the working day).

recommends that as part of your decision-making process, you consider trialling a arrangement before you decide whether it would be practical for your business.

See Flexible working - rejection of request for a template rejection letter.


Q22:Can I refuse a flexible working request if it will be difficult for me to re-organise work among my other staff?

Yes; if you are unable to reorganise work among your in order to allow a request, you are permitted to reject it (eg if your member makes a request to reduce their hours, but you are unable to redistribute their workload among your other as they do not have the same experience as them).

recommends that, where appropriate, you discuss the possible re-organisation of work with the rest of your first (eg to see if they are willing to take on an increased workload) and that before making your decision you should also consider the consequences of potentially having to replace your if they decide to leave when their request is denied.

See Flexible working - rejection of request for a template rejection letter.


Q23:Can I refuse a flexible working request if I cannot recruit someone to cover for my staff member?

If you would be unable to recruit additional to cover the hours or duties that your member would be leaving behind if their request was granted, then you are permitted to reject their request. For example, you may find that you are unable to recruit additional because the hours to be covered are unsociable (eg your member has asked to reduce their hours so that they no longer need to work a night shift once a week as part of their working hours).

See Flexible working - rejection of request for a template rejection letter.


Q24:Can I refuse a flexible working request if accepting it would affect the quality of my goods or services?

You are permitted to reject a formal request if you believe that the change would have a detrimental impact on the quality of your services or products (eg because the who wants to reduce their hours is particularly experienced and your newer would not currently be able to undertake the work to the same quality).

recommends that when you are considering whether to refuse an application for on this basis, you should consider the potential of your other members to acquire new skills through training to ensure that there is no detrimental impact on the quality of your business offering. In such circumstances, you may want to consider reviewing the request after a set period (eg two months) once you have had the opportunity to train your other members up; see Q&A 29 for information about agreeing to a request with a trial period.


Q25:Can I refuse a flexible working request if accepting it would affect the performance of my employee or their team?

You are permitted to reject a formal request for if you believe that the change requested would have a detrimental impact on performance (ie of the in question, the wider team or your business as a whole).

For example, this might be the case if the making the request is line manager to a large team which has recently required a substantial amount of hands-on management due to problems with low morale and poor performance following several . In such circumstances, you may feel that allowing the manager to work from home three days a week would further disrupt the team and exacerbate the problems with performance that you are currently experiencing.

See Flexible working - rejection of request for a template rejection letter.


Q26:Can I refuse a flexible working request if there is insufficient work during the proposed periods of work?

If you believe that there will be insufficient work during the periods that the proposes to work, then you can reject their formal request.

This could be the case, for example, if you run a coffee shop where your busiest period is 7.00 am to 9.00 am and your has requested to change their hours so that they start at 8.30 am rather than 7.00 am and work until 4.30 pm every day rather than 3.00 pm. As this would mean that they would miss your peak busy period and would instead be working during a period where you had limited custom, you could legitimately refuse their request.

See Flexible working - rejection of request for a template rejection letter.


Q27:Can I refuse a flexible working request if I am planning to re-structure my business?

You can reject a request if your business has planned structural changes coming up (eg you are reorganising your internal structure) and the request would not fit into your new arrangements, eg if you are changing your core hours of business. recommends that, as best practice, you keep your workforce updated of any proposed structural changes that you intend on making as this will allow them to consider how any opportunities could ultimately make your business more effective.

See Flexible working - rejection of request for a template rejection letter.


Q28:What do I need to do when I accept a request for flexible working?

If you accept your 's request, it is likely to mean that there will be certain changes to their terms and conditions of employment and you must confirm these changes in writing as soon as possible (at the latest within one month of the change).

You can do this by sending an acceptance letter; see Flexible working - acceptance of request for a template. This letter should:

  1. set out what changes will be made to your 's terms and conditions of employment;

  2. if you agreed a compromise with your , set out any alternative agreement reached.

  3. set out a start date for the change;

  4. explain any other action(s) that will need to be taken to implement the change (eg if your member will be working from home and you need to carry out a health and safety ).

It is also a good idea to meet with your to discuss the practicalities of how and when the change should be implemented. See Q&A 37 for further information about practicalities you may need to consider.

Note that you may want to consider informally agreeing to a temporary arrangement in some instances rather than formally changing the terms and conditions of their employment. For example, your may be seeking a temporary reduction in their hours, or wish to work from home temporarily, in order to look after an ill relative. In such cases, you should document your informal agreement in writing to avoid any uncertainties later on.


Q29:Can I request a trial period in response to a request for flexible working?

Yes; it is perfectly acceptable to request a trial of your 's requested pattern for a set period (eg three months) to see how it works in practice for both your and your business.

In such cases you will need to agree with your an extension of the two month decision-making period and your response to your should set out the start and end dates of the trial period and any other steps that need to be taken.

See Flexible working - trial period for a template letter agreeing to a trial period.

If you have agreed to a trial period then recommends that you set review meetings to discuss the arrangement, whether any adjustments are required to make it work and whether the request will be made permanent. You must ensure that you inform your of your final decision within the time-frame agreed. See Q&A 28 if you want to continue the arrangement after the trial period and Q&A 30 for what to do if you do not.


Q30:How do I reject a formal flexible working request?

You may only reject a formal request on one or more of eight grounds; see Q&A 19 for a list of the possible grounds for rejection. If you are rejecting the request, your response should clearly set out your business reasons for doing so.

See Flexible working - rejection of request for a template rejection letter.

If you reject the request, recommends that you allow your to appeal and your response should set out any appeal process that you permit. While there is no legal obligation to allow an to appeal against a rejection, it will help to demonstrate that you have dealt with the application in a reasonable manner; see Q&A 31 and following for more information about appeals.


Q31:Does an employee have a right to appeal my decision about flexible working?

Your is not legally entitled to appeal your decision. However, if you have rejected your 's request, recommends that you permit an appeal process so that your can discuss your decision with you. This may help you to avoid dissatisfaction or even a later legal claim from your (eg if they feel that they have been discriminated against or that you have failed to comply with your legal obligations when dealing with their request).


Q32:How do I run an appeal process in relation to a flexible working decision?

If your informs you that they want to appeal your decision, see Flexible working - invitation to attend an appeal hearing for a template letter you can use to invite them to an appeal hearing.

While the appeal does not have to be dealt with in person, recommends that it should take place in private (whether this is in person, by telephone or by some other agreed method) and that, if requested, you permit your to be accompanied to the appeal by a colleague.

Bear in mind that any appeals process you allow will have to be dealt with promptly as your final decision must be communicated to your within two months of you first receiving the initial request, unless you and your have agreed to an extension. Whether you choose to allow your 's appeal (with or without modification) or refuse it, see Flexible working - appeal outcome letter for a template letter you can use to inform your of your decision.

If your informs you that they cannot make the initial date confirmed for the appeal, you should rearrange it to a time suitable to both of you. Bear in mind, however, that if you allow your to appeal and they fail to attend two meetings arranged with them to discuss the appeal, you are entitled to treat their request as being withdrawn, provided that you notify them that you will be treating their conduct as a withdrawal of their request. recommends that, as best practice, before doing so, you should find out why your has failed to attend both meetings and consider their reasons before deciding whether or not to treat their application as withdrawn. For a template letter informing your that you intend to treat their request as withdrawn, see Flexible working - notice to treat the request as withdrawn.


Q33:How do I deal with competing requests for flexible working?

You may receive more than one formal request for from different at the same time and you may not be in a position to accommodate all of them (eg if two different have requested to reduce their hours on Fridays, thereby leaving you with insufficient cover on that day). Remember that while you are under no legal obligation to accept formal requests, you must act reasonably when considering them; see Q&A 17 for the process you should follow.

When dealing with competing requests, bear in mind the following:

  1. suggests that competing requests should be dealt with by you in the order that they were received. Do not base your decision on which of the is more deserving. When you are deciding whether or not to approve each subsequent request, you will be able to take into account any previous request(s) to the extent that they alter your business context (eg because one member has already asked to move to part-time working and you are therefore unable to accommodate a second member of as you would no longer be able to adequately redistribute work among your and meet customer demand).

  2. Be careful not to discriminate. For example if you prioritise requests from certain groups of people (such as mothers) for , this could be discriminatory against a male whose competing request is rejected on the basis that he is a man. Remember that even if you refuse all of the competing requests, this could still be disproportionately disadvantageous to one (or more) of your (eg because they are ) and therefore potentially discriminatory. You should therefore consider how your response will affect each and consider any disadvantages to them.

  3. If you are unable to accommodate all of the requests for , recommends that you could consider discussing the competing requests with your to see if a compromise could be reached (eg if they have both requested to work from home on a Thursday and Friday, you could see if they would be willing to compromise so that one worked from home on Wednesday and Friday and another on Tuesday and Thursday). Equally, you could consider seeing if any of your current might be willing to alter their current arrangements to allow you to accommodate any new requests.

  4. As a last resort where you are unable to differentiate between the competing requests and you have been unable to reach a compromise with your , suggests that you could ask for their consent to you selecting at random which request to approve. If this is an approach that your business may take in these circumstances, it would be best practice for it to be clearly set out in your policy (see HR policies for further guidance about what to include in your policy and Flexible working policy for a template policy that you can customise for your business. You can choose to create the policy as a standalone document or as part of a using Staff handbook and policies).


Q34:How do I deal with a flexible working request from an employee with childcare responsibilities?

Many requests will come from with childcare responsibilities (particularly upon returning from a period of family related leave). See Q&A 17 for the process for dealing with formal requests and Q&A 14 for guidance about responding to informal requests.

You need to be particularly careful that, if you decide to refuse the request, you do not against the . To avoid a claim for you must be able to demonstrate that you have seriously considered the request to see if you could accommodate it while balancing your business's needs. If you decide to refuse it, you must also be able to show that your legitimate business reason for refusing the request outweighs any potentially discriminatory impact on your .

To avoid discriminating against your , you should therefore be open to the possibility of arrangements and make a genuine effort to see whether your 's request could be accommodated, or if a compromise arrangement can be reached, even if it does not initially seem feasible.

For example, if a woman returning from requests a job , do not dismiss it simply because you do not think it will work. You should investigate whether it will work in practice and look into whether you could recruit someone to take on the other half of such a role. Be wary in particular of relying on the increased cost involved as the sole reason for rejecting a request. This is one of the eight permitted grounds for refusing a formal request for , but if you simply dismiss a request on this basis without considering it further, you may be discriminating because the lack of flexibility will disproportionately affect women returning from .

This does not mean to say that you have to agree to a request, and there are a number of factors that can be taken into consideration. See Q&A 19 and following for more information about how to decide whether to approve or deny a request.

See Flexible Working - Acceptance of request for a template acceptance letter, or Flexible working - rejection of request for a template rejection letter.


Q35:How do I deal with a flexible working request from a staff member who is disabled?

Any requests that relate to a are likely to be better dealt with as a request for reasonable adjustments, rather than a formal request. Equality laws that protect rights are different from the rules governing , so it is important to correctly categorise what is being asked.

If the request does not concern a member's , deal with it in the same way as you would deal with any other request (see Q&A 17 for the process). For example, a simple request to change their work pattern to provide childcare is not related their .

If you are not sure whether a request relates to a member's , talk to them about it privately and with sensitivity.

If the request is related to the member's (and therefore not to be treated as a request), you have a duty to make reasonable adjustments to ensure that your member is not put at a substantial disadvantage as compared to your other members. If you fail to make a reasonable adjustment to accommodate a member, they could bring a claim against you.

For example, if you require all to work full-time hours and refuse to consider requests for part-time work or home working, this could indirectly against a member of or amount to a failure to make a reasonable adjustment to accommodate them (eg if their causes them to suffer from chronic fatigue). Equally, a policy of refusing hours applied to a person with mobility issues who cannot travel at rush hour could be indirectly discriminatory if you do not properly explore ways to work around the problem.

Bear in mind that even if a member with a does not meet the eligibility requirements to make a formal request (see Q&A 8), they may still make an informal request and you must be careful not to against them when considering their request (see Q&A 14 for guidance about responding to informal requests).


Managing flexible working arrangements
Q37:What practicalities do I need to consider when I have staff who work flexibly?

There are no set rules about how you deal practically with arrangements and this will largely depend on your business and the particular working arrangements that you have put in place.

Some steps to consider are:

  1. Create a timetable which allows for regular reviews with who work flexibly. This will enable you to to ensure the arrangement is working for everyone and help you to ensure that flexible are given the same opportunities for training, development and promotion as other . Remember you cannot legally treat a member of unfavourably because they have made a request or work part-time. See Different types of staff for more information about ' rights.

  2. Consider any operational challenges presented by the arrangement, such as whether there needs to be a change to how the ’s work will be monitored and evaluated or whether you need to change your wider rotas. In some circumstances, you may also need to consider recruiting additional to ensure you are able to meet your staffing requirements (eg if an has moved to part-time hours). See Hiring staff for guidance about recruiting new members.

  3. Consider issues of keeping in touch with your if they will be working from home; for example, whether they may need to come in for occasional meetings) (see Q&A 39 and following for further guidance about setting up homeworkers).

  4. Consider implementing a working from home policy, to set out your business's and members' responsibilities when are working from home, and how you will deal with requests to work from home. You can use Working from home policy, either on its own or as a part of your . See Staff handbook and HR policies for a template .

  5. Consider health and safety issues that arise in relation to the new working arrangements. For example, if your has changed their shifts and will now be working at night, you may need to offer them a free health assessment (see Night and weekend working for more information), and update your health and safety if appropriate (see When to do a general risk assessment for how to conduct a and General risk assessment for an office, General risk assessment for a shop or other business open to customers or General risk assessment for remote workers for a template ).

  6. Consider how the new arrangement might impact other members of your (eg if it will increase their workload) and discuss any potential effects on them.

  7. You may consider recording and monitoring the take-up of at your business in order to assess the effectiveness of your policies.


Q38: What do I do if I want to end a flexible working arrangement?

If you formally accepted a arrangement, it amounts to a permanent change of your 's terms and conditions of employment. This means that if you want to change your 's terms and conditions back to their previous arrangement, you will need to follow the usual process for changing the terms of an employment contract. Generally this will mean obtaining your member's consent to the proposed change if you want to avoid the risk of them bringing claims against you (eg for or ). See Process for changing employee contracts and Amending the contracts of staff who are not employees for guidance about how to change a member's employment contract.


Staff working from home
Q39:What arrangements do I need to make if I have staff who work from home?

As part of a request or as a result of external factors, you may agree for a member to work from home on a regular basis (either temporarily or permanently). If so, you will need to consider the following issues (note that this guidance does not apply to ad hoc or one-off requests from your to work from home (eg because they have an appointment)):

  1. whether you will provide equipment (see Q&A 40);

  2. whether your insurance covers them (see Q&A 42);

  3. ensure that you have addressed the necessary issues (see Q&A 43 and following) and have procedures in place to protect your confidential information (see Q&A 48);

  4. ensure that you have addressed the necessary health and safety issues (see Q&A 50 and following); and

  5. consider how you will manage your home (see Q&A 59).

Also consider implementing a working from home policy. Although this is not a legal requirement, it is best practice to have a working from home policy, to provide clarity and transparency to your on these matters, and ensure that you deal with requests to work from home consistently. You can use Working from home policy, which could form part of your , or stand alone. See Staff handbook and HR policies for a template .


Q40:Am I responsible for providing equipment for staff who work from home?

The equipment your homeworker will need will depend on your business's activities and your 's role. For example, office roles are likely to at least need a suitable desk and chair, a computer, reliable broadband, a phone and storage space as a minimum.

You are not legally obliged to provide any equipment, and you may simply agree that your use their own home equipment (provided you have undertaken a proper assessment of the health and safety risks in relation to their home equipment); see Q&A 50 and following for how to do this and General risk assessment for remote workers for a template you can use). If you will be providing any equipment, recommends that you should agree with your member:

  1. what you will provide or pay for (eg a desk, phone, internet connection or a printer) (see Q&A 41 for tax implications to bear in mind);

  2. what your should provide (eg heating and lighting);

  3. who will pay for any installation and other set-up costs;

  4. who any equipment belongs to;

  5. who will be responsible for maintaining it, and who your member should call if they have any problems with their equipment;

  6. whether the equipment can be used for personal matters by your homeworker or their family (note that with computer equipment this can raise issues - see below); and

  7. when and how you can access your member's home to set up and test equipment if you have provided it.

You may need to consider providing a certain amount of desk space in your offices for homeworkers when they are visiting this office.

Our Working from home policy explains that you will provide members who work from home with equipment to enable them to work effectively, where necessary and appropriate. It also sets out that are responsible for the care and safekeeping of any business equipment provided to them and that property should not be misused. This can work alongside a more specific IT policy, which will set out specific guidelines for your about their use of your IT systems and devices; see IT, communications and social media policy for a template you can use. If your will be working from their own devices at home, consider putting in place a policy covering that use; see Bring your own device policy for a template you can use.

You can find guidance on assessing a member's workstation at home and who is responsible for ensuring a member's equipment is safe at Q&A 55 and following.


Q41:Can I ask my staff to purchase their own equipment and reimburse them?

Yes, but there are usually tax implications of doing so.

Typically, receive tax relief if they provide with owned home equipment (provided their member's private use of the equipment is not significant). The same relief is not usually available if a member provides their own home office equipment and is reimbursed for that cost by their .

Full tax guidance is outside the scope of this service and you should speak to a lawyer if you have any concerns. For access to a specialist lawyer in a few simple steps, you can use our Ask a Lawyer service.


Q42:Do I need insurance cover for staff who work from home?

Yes; your liability insurance probably already extends to homeworkers as it is standard policy to do so but you should check the wording of your policy to confirm this (see Employers' liability insurance).

Additionally, make sure that any business equipment in your homeworker’s home (ie equipment that you have supplied) is covered by your insurance policy to be taken off your premises.

Our Working from home policy assumes that your insurance policy extends to members who work from home, and that it will cover equipment provided by your business that is used by homeworkers. It makes it clear that are responsible for insuring their own personal equipment used for work, and obtaining any relevant permissions to work from home.

Note that if you are running your own business from home, you need to check that your existing home insurance covers you for this, and check whether you need any additional insurances. See Running a business from home for guidance.


Q43:What data protection obligations do I need to consider if I have staff who work from home?

If your will be handling any , you must ensure that you comply with law. Failure to do so can have serious financial and reputational consequences for your business, including fines of up to £17.5 million or 4% of your global annual . members working from home should receive appropriate training on your policies and procedures. obligations you need to consider (and think about providing additional training on) when are working from home include:

  1. carrying out a () if your will be dealing with in certain circumstances (see Q&A 44 for guidance);

  2. ensuring know how to deal with and data while working from home (see Q&A 45 and following for guidance);

  3. keeping proper records (see Q&A 47 for guidance);

  4. giving homeworkers adequate equipment and facilities so they have the same level of data as you do in the office (see Q&A 48 for guidance on keeping devices secure); and

  5. ensuring there are individuals within your business who understand requirements and take the lead on ensuring these are followed. See Data protection officers and staff training on appointing someone in your business with specific responsibility for .

You can use our Working from home policy to set out members' responsibilities to keep and confidential information safe while working at home. This is designed to work alongside our template Data protection policy. Both of these polices can be generated as part of a using our template Staff handbook and policies.


Q44:Do I need to prepare a Data Protection Impact Assessment (DPIA) when staff start working from home?

It depends on what they are doing. If your do anything with people's data that is likely to result in a high risk to the rights and freedoms of the individual whose data you are , you will need to prepare a . For example, if you are having to set up new IT systems to accommodate working from home, and those have access to a lot of customer data, a would likely be sensible. If you are unsure about whether a is needed, it is best practice to do one anyway. You can find guidance on when DPIAs are required at Data protection impact assessments, and you can find a template as part of Data Protection impact assessment policy.


Q45:What should staff do if they receive a data subject request while working from home?

Your should always be aware of how to identify and deal with a if there is a chance they will receive one, and you should make sure they are aware of your policy and what procedures to follow if they receive a . Consider whether additional training on these matters may be required if are working from home. For detailed guidance on what are and how to deal with them, see Policies and procedures for dealing with data subject requests.

Our template Data subject request policy sets out how should recognise, verify and assess a , time frames for response (usually within one month), how to rectify or erase someone's , and more. Your policy should be followed whether a member is working at home, in the workplace, or off-site. If you have a (DPO), you should ensure that notify them of any received (and similarly if you do not have a DPO but you have nominated someone to lead compliance with in your organisation they should be kept informed).


Q46:What should staff do if there is a personal data breach while they are working from home?

A is a which leads to the accidental or illegal destruction, loss, alteration or unauthorised disclosure of . must comply with your business's usual polices and procedures for while working from home.

If are working from home, remind them about your business's data policy and how they should respond to a data (if you do not have one, you can use Personal data breach policy). You can also use Checklist for responding to a data breach for a summary of what to do if a may have occurred. Consider whether additional training on these matters may be required if are working from home.

See Data breaches for detailed guidance on responding to data .


Q47:What records do I need to keep for data protection purposes if staff are working from home?

You must maintain the same records as you normally have to keep under law, including records of any DPIAs you have carried out before deal with at home, records of , consent records and more. See Using personal data, policies and record-keeping for details of what records you are required to keep.


Q48:How can I make sure that staff working from home keep business information and personal data confidential and secure?

To ensure the confidentiality and of your member's work and any they are dealing with, you should make sure homeworkers are trained in how to keep and transfer such information securely. You should also require make sure that:

  1. where possible, they work directly on your system, use business-owned devices and save remotely (eg to the Cloud) (rather than saving documents locally on their own equipment);

  2. make sure password protection is turned on and that all confidential electronic data is password-protected;

  3. they are using devices that can be easily wiped remotely;

  4. they are using work email accounts rather than personal email accounts;

  5. they know how to report the loss or theft of devices. Note that encouraging a 'no blame' culture will help to ensure that reports are made as quickly as possible, enabling you to minimise the risk of a ;

  6. work is locked away when they are not working on it; and

  7. that they dispose of all confidential waste in an appropriate manner (eg by using a shredder or deleting electronic files securely).

You could also consider using encryption where possible to add an additional level of .

Our Working from home policy sets out members' responsibilities to keep confidential information safe while working at home. If you members will be working on their own devices at home, consider putting in place a policy to address your requirements for those devices. You can use our template Bring your own device policy. Both of these policies can be generated as part of a using our template Staff handbook and policies.

There are additional risks around confidentiality that you will need to consider when your are working from home, including cyber issues; for guidance about cyber measures your business can put in place, see Q&A 49.

See Secure data storage for further guidance on keeping data secure.


Q49:What cyber security measures should I put in place whilst my staff are working from home?

When your are working from home there may be additional cyber measures your business will need to take to address new vulnerabilities. The steps your business will need to take will depend on a number of factors, including what technologies and devices you use, how many you have, whether your are used to working remotely and what your business operations are.

You should carry out a to identify possibly areas of vulnerability and then address those with appropriate measures. These may include:

  1. Review your existing policies and procedures and consider new ones

    Check that your policies and procedures are fit for purpose in light of any risks and vulnerabilities you have identified. If you do not have relevant policies in place, consider the following:

    1. A working from home policy will set out your expectations on your whilst they are working from home, including in relation to data and confidentiality. See Working from home policy for a template you can use.

    2. It will also be beneficial for your business to put in place an IT policy. This will set out your business's general requirements when your are using IT equipment, including in relation to password strength and installing software. See IT, communications and social media policy for a template you can use.

    3. A policy will set out what duties your are under to ensure that is handled securely at all times. See Data protection policy for a template you can use.

    4. A bring your own device policy will be appropriate if your are working off their own devices to ensure that appropriate measures are taken. See Bring your own device policy for a template you can use.

    5. A policy will help to ensure that you comply with your obligations if a cyber attack leads to a data . See Personal data breach policy for a template you can use and Data breaches to find out more about your data obligations.

    All of these documents can be obtained as part of our Remote working and cybersecurity toolkit.

  2. Check your remote working systems are secure

    This includes ensuring that they are updated with the latest and firewalls and that they can handle appropriate levels of traffic. Consider whether it would be worthwhile producing guides for your about how to use these systems securely.

  3. Check that your devices are secure

    Check that your keep their devices and apps up-to-date, and that they have the latest antivirus software installed on whatever devices that they are using. You should also remind them to ensure the physical of their devices; see Q&A 48 for further guidance.

  4. Make regular back-ups

    Make sure your know to back-up their work regularly and ensure that these back-ups are secure (eg restrict access to certain individuals in your business and keep them separately from the original copy (eg on a separate device or by using cloud services).

  5. Train your

    Remind your to be alert and make sure your know how to spot the signs of scam emails and what to do if they inadvertently click on one. This may require you to recirculate your policies, refresh training on procedures or circulate specific examples of cyber crime.

  6. Provide IT support

    By providing IT support to your whilst they are working remotely, you will likely be able to flag IT vulnerabilities more quickly. Equally, your reliance on digital systems is likely to increase when work remotely; make sure you know how to respond if these systems become unavailable.

  7. Make sure your know what to do if there is a data

    If your business is the victim of a cyber attack, this may result in a , putting your business under specific legal obligations. Make sure your know how to identify a and what to do if one occurs. See Data breaches for further guidance.

  8. Consider taking out cyber insurance

    Consider whether it would be appropriate for your business to take out a cyber insurance policy to protect your business from cyber threats.


Q50:What are my health and safety obligations towards staff who work from home?

You have a duty to ensure (as far as is reasonably possible) the health and safety of all of your while they are at work, and this includes your homeworkers. While most home working undertaken by your is likely to be low risk from a health and safety perspective, your legal obligations towards working from home include:

  1. carrying out a including eliminating or reducing hazards where possible (see Q&A 52 and following for guidance; you can use General risk assessment for remote workers as a template to assist you);

  2. requiring your homeworkers to carry out workstation assessments (see Q&A 55 for guidance);

  3. ensuring the safety of equipment that you provide (see Q&A 57 and following for guidance); and

  4. providing appropriate training (see Q&A 58 for guidance).

Our Working from home policy provides that members who work from home must refer to the business's health and safety policy, and take of their own health and safety while working from home. It also requires members to undertake health and safety of their home, and provides that the business may refuse a request to work from home if health and safety concerns are not addressed.


Q51:Do I have to carry out a risk assessment for staff who work from home?

Yes, your legal obligation to carry out for the safety of your extends to those who work from home. The process of carrying out your will probably be different (eg it will not usually be appropriate to visit an 's home, so you may need to ask them to carry out the assessment themselves and/or send you a picture of their workspace). You can use General risk assessment for remote workers to help you.

Once your member's home workplace is passed as safe, it will be their responsibility to keep it that way. However, you must ensure that the is reviewed periodically, or whenever you have reason to believe that it is no longer a valid representation of the current risks (eg if your member has started working with a new piece of equipment, or their role has changed to involve much longer periods of screen time).


Q52:How do I perform a risk assessment for staff who work from home?

You can use General risk assessment for remote workers to help perform your and should follow the five-step process outlined in Risk assessments for business premises (which includes identifying the hazards and who might be harmed, taking reasonable steps to eliminate or reduce the risks, recording your findings, and reviewing and updating your regularly).

There are some matters relevant to your which are specific to who work remotely, eg particular hazards that are more likely, such as risks associated with lone working. See Q&A 53 and following for information on common hazards facing working remotely.

Be aware that, depending on where your are working, it could be difficult in practice for you to conduct a thorough , eg if your travel to a lot of different locations. You may need to train your to carry out their own .

For who work from home a lot, consider asking them to send you a photo of their work area so you can make sure all the risks have been properly identified. It will usually be too intrusive to go to their home to conduct a in person.


Q53:What kinds of hazards should I look for when carrying out a risk assessment for staff who work from home?

There are some risks that you should specifically consider for most working remotely. Common risks include:

  1. risks to the mental health of your such as stress and anxiety (see Q&A 54 for further guidance on how to reduce the risks to the mental health of your working at home);

  2. risks associated with workstations (especially for doing a lot of office-type work from home), for example the use of () (see Q&A 55 and following for further guidance on workstation assessments and equipment for remote );

  3. electrical equipment of any sort (see Electrical testing for how to reduce the risks related to electrical equipment);

  4. fire hazards (these will generally be dealt with in your fire safety – see Fire safety risk assessment);

  5. risks associated with or lifting, for example carrying equipment required to do the job remotely (see Manual handling for further guidance on how to reduce these risks);

  6. environmental issues such as ventilation, temperature or noise levels (see Work environment for tips on how to deal with environmental issues);

  7. lone working, which can both increase the risk of physical harm and pose a threat to mental health (see Risks to lone workers and homeworkers for guidance on how to deal with risks to lone );

  8. risks posed by members of the public (eg violence or verbal abuse) – see Risk of violence to staff for how to reduce such risks; and

  9. driving for work and travelling abroad (see Driving and overseas travel for work for further guidance on how to reduce such risks).

This list is not exhaustive – you must keep an open mind to any risks specific to the particular work your are doing remotely. You can find further guidance on reducing risks to at Reducing health and safety risks, and you can use General risk assessment for remote workers to help perform your .


Q54:How can I protect the mental health of homeworkers?

working from home usually work alone, which puts them at risk of isolation and work related stress. As well as considering the general guidance applicable to protecting all your members' mental health at Staff mental health, the following steps can help you address the additional common causes of stress for who work remotely:

  1. ensure remote come in regularly (eg once a week) so they can stay up to date with the business and keep in touch with other ;

  2. remember to include them in work socials to tackle feelings of isolation;

  3. provide helplines for IT support or equipment breakdown;

  4. set up proper systems to keep in contact with during the day (eg phone, email, instant messaging, video-conferencing, online discussion forums) and check in with them regularly; and

  5. have informal discussions with to assess their mood and talk through how they approach their tasks.

Where members take unacceptable levels of sickness absence due to work-related stress, you may need to consider taking action to address the issue. See Dealing with sickness absence for further information on how to handle absences resulting from stress.

Bear in mind that you also have an obligation to take reasonable steps to ensure that homeworkers are not working excessively long hours and that they are taking suitable breaks; see Rules about working hours for further guidance.

You can use General risk assessment for remote workers to help perform your .


Q55:Should I require homeworkers to conduct workstation assessments?

Yes, homeworkers should carry out a workstation self-assessment and give you the results, regardless of whether or not you provided their workstation equipment.

You can ask your homeworkers to do an assessment and send you the results, or you could carry out an assessment remotely, for example by video conference.

The assessment must consider the health and safety risks of using that workstation. Look out for using a laptop at the kitchen table without enough space, a proper desk, supportive chair or the correct set-up of display equipment. This can cause back problems, eye problems and musculoskeletal disorders. You can find guidance on how to set up a workstation properly at Comfortable working environment.


Q56:Do I have to provide homeworkers with new equipment for health and safety reasons?

If your computer workstation assessment for working from home shows that there are risks, you must take steps to address them so far as . This means balancing the cost and inconvenience of those steps against the seriousness of the risk. If only occasionally work from home, you may not need to do anything. If they regularly do so, consider providing a suitable desk, chair, footrest (if required), etc .


Q57:Do I have to make sure the equipment homeworkers are using is safe?

You are only responsible for ensuring the suitability and safety of the equipment you supply to your homeworker. This means that if you have supplied your with any equipment (eg a laptop), you must ensure that it is regularly maintained.

You could also provide the homeworker with a simple first aid kit if appropriate.


Q58:Should I give health and safety training to homeworkers?

You have to give enough health and safety training to all your to enable them to be safe at work, including those who work from home.

For homeworkers, training can usually be light-touch. For example, if they mostly work at a computer, making sure they are aware of the importance of taking rest breaks, resting their eyes and having a proper workstation set-up is likely to be sufficient. You can use the form General risk assessment for remote workers to help you carry out your .


Q59:How do I manage homeworkers?

One of the main challenges when it comes to managing homeworkers relates to the level of trust that you, as an , have that a member will continue to work correctly and productively from home. From the home 's perspective there is a risk that they may feel isolated and alienated from your business. It is important for you to find the right balance, and you should consider taking the following steps to help you to address these issues when managing homeworkers:

  1. Developing proper communication

    Effective communication will enable both you and your homeworker to understand what is required of them, what your expectations are and how you see the relationship working. It is important that you develop a means of communicating that works both for you and your member, bearing in mind that a homeworker may need to make additional efforts to keep their colleagues and managers updated about their work, but that too much contact may be stressful for your . You should agree this with your homeworker when the arrangement is approved and review your arrangements regularly to ensure that they are working for both you and your member.

  2. Setting a schedule for contact in person or one-to-one meetings

    Frequent face-to-face meetings and/or one-to-one meetings(which can be weekly, monthly or at some other appropriate interval) with home working can help prevent any feelings of isolation, create a sense of teamwork and build trust between you. If the homeworker is unable to meet in person at your usual place of business, consider meeting with them at another appropriate location, or if that is not possible, have them join the meeting through a video or telephone call. You should be careful to ensure that home working does not become an excuse to not attend team or personal meetings in some form.

  3. Establishing effective performance management strategies

    Managing staff performance provides general guidance about managing the performance of your , including a template Personal Development Review Form, but you should consider whether your standard practices are suitable for homeworkers. If you normally assess performance by what you can see your doing (eg how they work in the office and discussions that you have with them on a day-to-day basis), it may be more appropriate to instead consider assessing performance by output or other agreed objectives (eg sales targets) as you will not be able to physically see your home working . Whatever your approach, your performance management of all should be consistent. If working from home is new to your business, recommends that you consult with your and their representatives about your proposals for managing the performance of homeworkers. Equally, you may also need to consider how you will provide development training and opportunities to a homeworker to ensure that they are not disadvantaged in any way as compared to your other (eg ensure that they are considered for promotions in the same way as your other are). If all are working from home, consider how you will provide training and development so that are still able to progress and be considered for promotions.

  4. Remind your about the importance of taking breaks

    You should agree with your member in advance the hours that they will be working (and make any necessary changes to their terms and conditions of employment; see Q&A 37), but you must bear in mind the restrictions on working time when managing your home working member, ensuring that they do not work excessive hours and that they take suitable breaks. recommends that support their to manage their time effectively as this can help to reduce stress and anxiety. See Rules about working hours for further guidance about your legal obligations towards in relation to the hours that they work.

You should ensure that you deal with homeworkers in a consistent fashion, and advises implementing a home working policy for this purpose, setting out how you will manage and your mutual responsibilities to each other. You can use our Working from home policy, either on its own or as part of your . Even if you do not have a specific policy, any arrangements made should be agreed in writing with your homeworker to ensure clarity. You may also need to provide training to both your homeworkers and/or their managers to ensure that everyone is comfortable with how the arrangement will work in practice.

If you are considering monitoring who work from home, you must consider the implications first. See Data protection issues when monitoring staff for detailed guidance.


Hybrid working
Q60:What is hybrid working?

Hybrid working is a form of where your spend part of their time working from your business premises, and part of their time working remotely (eg working from home or in a coworking space).

See Q&A 1 and following for guidance about other types of .


Q61:How should I deal with a request for hybrid working?

NOTE: Following the introduction of the Employment Rights Bill to Parliament on 10 October 2024, this area of law is being considered for reform (see our blog explaining the Bill here). Any reforms are unlikely to take effect before 2026. would only be permitted to refuse a request for if they consider that the application should be refused on a ground or grounds listed in the Employment Rights Bill (such as detrimental impact on performance) and if it is reasonable to do so.

How you should deal with a request for hybrid working from your will depend on whether the request is made informally or whether it amounts to a formal request for (see Q&A 10):

  1. for guidance about dealing with informal requests for , see Q&A 14; and

  2. for guidance about dealing with formal requests, see Q&A 17 and following.

If relevant, make sure you follow any relevant procedures set out in your policy and/or, if you have one, your hybrid working policy. You should always comply with all policies that you provide to your , and it will help you to ensure that you deal with requests consistently and transparently. However, you must make sure you do not against your when dealing with requests for hybrid working. For example, if you apply a blanket policy of refusing to allow hybrid working for members in particular roles, unless you can objectively justify this, it might indirectly against a female member of who has requested hybrid working due to childcare or caring responsibilities (see Q&A 34). Remember that you also have a legal duty to make reasonable adjustments to accommodate members (see Q&A 35).

If you do agree to a hybrid working arrangement, you should review your member's contract and consider whether the new arrangement requires a change to their core terms and conditions of employment (eg to their place of work, their working hours, duties and/or any confidentiality provisions). If so, if your member is an or , you must confirm those changes in writing as soon as possible (and at the latest within one month of the change); see Reasons to change a staff contract for more information.

You may want to consider initially permitting a hybrid working request on a trial basis to find out how it works in practice for both your business and your member, rather than following any strict process to change the terms and conditions of their employment. Any trial agreement reached between you and your member should be documented in writing for clarity, and should set out what your review process will be, including what criteria you will judge the arrangement on. Bear in mind that if your has made a formal request and you want to trial the arrangement first, you will need to agree with them an extension of the three month decision-making period; see Q&A 29 for more information.


Q62:What arrangements do I need to make if I have staff in hybrid working?

If you have in hybrid working arrangements (either temporarily or permanently), you will need to consider the same issues as you do when are working from home (see Q&A 39). These include:

  1. whether you will provide equipment (see Q&A 40);

  2. whether your insurance covers them (see Q&A 42);

  3. addressing the necessary issues (see Q&A 43 and following) and having procedures in place to protect your confidential information (see Q&A 48) and cyber (see Q&A 49);

  4. addressing the necessary health and safety issues (see Q&A 63 and following); and

  5. considering how you will manage your hybrid (see Q&A 64).

In addition, you will need to consider whether you will leave it open to your hybrid to determine their split between working from home and coming into the workplace, or whether you will specify what days and/or hours they are required to be in the workplace and/or where they are permitted to work when working remotely (eg must they work from home or will you permit them to work from a coworking space). You will also need to consider whether your member requires a designated space at your work premises for the days/times they will be working there.

recommends that you consider implementing a hybrid working policy. Although this is not a legal requirement, it is good practice as it will provide clarity and transparency to your on these matters, and ensure that you deal with requests for hybrid working consistently. If you implement a hybrid working policy, ensure that it works alongside your other relevant HR policies and procedures (eg in relation to , IT and/or performance management). You should keep your hybrid working policy under regular review to make sure it continues to work for your business and your . For a template hybrid working policy that you can customise to your business, see Hybrid working policy.


Q63:What are my health and safety obligations towards staff in hybrid working arrangements?

You have a duty to ensure (as far as is reasonably possible) the health and safety of all of your while they are at work, whether they are working remotely or in your workplace. While most home working undertaken by your is likely to be low risk from a health and safety perspective, your legal obligations towards in hybrid working arrangements include:

  1. carrying out a for both your workplace and their time working remotely, including eliminating or reducing hazards where possible (see Q&A 52 and following for guidance about for remote and Risk assessments for business premises for guidance about for your workplace);

  2. requiring your homeworkers to carry out workstation assessments (see Q&A 55 for guidance for remote and Risk assessments for business premises for guidance about workstation assessments for in your workplace);

  3. ensuring the safety of equipment that you provide (see Q&A 57 and following for guidance for remote and Risk assessments for business premises for guidance about equipment safety for in your workplace); and

  4. providing appropriate training (see Q&A 58 for guidance for remote and Health and safety training for staff for guidance about training for in your workplace).

Our Hybrid working policy provides that members in hybrid working arrangements must refer to the business's health and safety policy, and take of their own health and safety while working remotely. It also requires members to undertake health and safety of their remote working set-up, and provides that the business may refuse a request to work remotely if health and safety concerns are not addressed.


Q64:How do I manage hybrid workers?

When you are introducing a new hybrid working arrangement, it is important that both you and your member know what is expected of them when they are working remotely. From the hybrid 's perspective there is a risk that they may feel isolated and alienated from your business. It is important for you to find the right balance, and you should consider taking the following steps to help you to address these issues when managing remote ;

  1. Developing proper communication

    Effective communication will enable both you and your hybrid to understand what is required of them, what your expectations are and how you see the relationship working. It is important that you develop a means of communicating that works both for you and your member, bearing in mind that a hybrid may need to make additional efforts to keep their colleagues and managers updated about their work, but that too much contact may be stressful for your . You should agree this with your hybrid when the arrangement is approved and review your arrangements regularly to ensure that they are working for both you and your member.

  2. Establishing effective performance management strategies

    Managing staff performance provides general guidance about managing the performance of your , including a template Personal Development Review Form, but you should consider whether your standard practices are suitable for hybrid . Whatever your approach, your performance management of all should be consistent, and if hybrid working is new for your business, recommends that you consult with your and their representatives about how the performance of hybrid will be managed.

  3. Providing training and development opportunities

    You may also need to consider how you will provide development training and opportunities to a hybrid to ensure that they are not disadvantaged in any way as compared to your other (eg ensure that they are considered for promotions in the same way as your other are). You may need to consider introducing specific training not only for hybrid , but also for their line managers (eg on appropriate communication, team building and management, and dealing with hybrid working requests).

  4. Remind your about the importance of taking breaks

    You should agree with your member in advance the hours that they will be working (and make any necessary changes to their terms and conditions of employment; see Q&A 61), but you must bear in mind the restrictions on working time when managing your hybrid working member, ensuring that they do not work excessive hours and that they take suitable breaks. recommends that support their to manage their time effectively as this can help to reduce stress and anxiety. See Rules about working hours for further guidance about your legal obligations towards in relation to the hours that they work.

You should ensure that you deal with hybrid in a consistent fashion, and advises implementing a hybrid working policy for this purpose, setting out how you will manage and your mutual responsibilities to each other. You can use our Hybrid working policy either on its own or as part of your . Even if you do not have a specific policy, any arrangements made should be agreed in writing with your hybrid to ensure clarity.

If you are considering monitoring your (eg by monitoring their online activity or emails), you must consider the implications first. See Data protection issues when monitoring staff for detailed guidance.