Remote working rules: how to manage them! 

Remote and hybrid working are now a permanent feature of many workplaces, but as the way we work continues to evolve, so do the legal risks for employers.

A recent Employment Tribunal found that an employer discriminated against an employee with anxiety after refusing to allow her to keep her camera switched off during an online training session. The Tribunal concluded that the employer should have considered the request as a reasonable adjustment under the Equality Act 2010.

The case wasn’t about whether employers can ask employees to switch their cameras on. They can, where there is a legitimate business reason. The issue was that the employer failed to properly consider the impact the policy had on a disabled employee. It serves as a timely reminder that workplace policies should provide consistency, but they must also allow flexibility where the law requires it.

Many businesses have introduced clear expectations around remote working, whether that’s office attendance, camera use during meetings, methods of communication or monitoring productivity. These are all reasonable management tools, but problems can arise where policies are applied rigidly without considering individual circumstances.

For example, a blanket return-to-office requirement could place disabled employees at a particular disadvantage if their condition makes travelling or working in an office more difficult. Similarly, insisting that all employees participate in meetings with their cameras switched on, or communicate only through video calls, may disadvantage individuals with anxiety, neurodiverse conditions or other disabilities.

The key question for employers isn’t whether they can have workplace rules. It’s whether they have properly considered whether an employee requires a reasonable adjustment before enforcing those rules.

As ways of working continue to change, so too will the requests employers receive. Today’s discussion may be about virtual meetings or hybrid working. Tomorrow it could involve AI tools, wearable technology or entirely new ways of collaborating. As technology continues to reshape the workplace, employers who regularly review their policies and equip managers to make fair, well-reasoned decisions will be in the strongest position to remain compliant while supporting their workforce.

If you have any concerns about this subject contact us at enquiries@121hrsolutions.co.uk and we can discuss.