Those in favour of home working argue that it gives employees a better work-life balance and improves mental health. Those against think that it impacts adversely on team cohesion and on the generation of ideas which can help a business develop. Get an instant, free Case Analysis with strengths, weaknesses and next steps. From our award winning Monaco Solicitors AI.
Using them certainly went in my favour. In those circumstances, the issue of discrimination against home workers arises, particularly as acts of discrimination can be more difficult to identify in a home working situation. See also our guides on discrimination at work, flexible working and remote working for a wider view.
You have a legal right to work from home if your home is specified as your place of work in your employment contract.
As from 1st April , you have a statutory right from the first day of your employment to make a flexible working request. Prior to April , you had to have been employed for at least 26 weeks. Any refusal must be based on a business-related decision, such as concerns about work performance and quality, additional costs it may incur, effects on meeting customer demand or planned structural changes to the business. Your employer must be able to demonstrate that flexible working β including your working from home β will have a negative impact on business performance.
Direct discrimination is usually easier to identify than other forms of discrimination, as it is typically more overt and directed towards a specific characteristic of an individual. For example, your employer may already allow a female colleague with children to work from home.
