When does homeworking become a reasonable adjustment?

Flexible and hybrid working requests are becoming increasingly common, but employers should be careful when a request is linked to an employee’s health condition rather than personal preference.

A recent Employment Tribunal case highlighted the risks of refusing homeworking arrangements without properly considering whether they could amount to a reasonable adjustment under the Equality Act 2010.

The case involved an employee who had worked under a hybrid arrangement for a number of years before experiencing significant mental health difficulties, including anxiety, depression and agoraphobia. Medical evidence confirmed that she was struggling to leave her home and Occupational Health recommended that a return to work should include adjustments, including the consideration of hybrid working.

Despite this, the employer refused to reinstate homeworking and later dismissed the employee on capability grounds. The Tribunal found that the employer had failed to properly consider reasonable adjustments before reaching that decision. It was particularly critical of the lack of evidence showing that the organisation had genuinely balanced the employee’s medical needs against the operational reasons for refusing the request.

For employers, the key lesson is that homeworking is not automatically a reasonable adjustment, nor does an employee have an automatic right to work from home because they have a disability. However, where a health condition affects an employee’s ability to travel to work, attend the workplace or carry out their role in the usual way, employers have a legal duty to consider whether adjustments could remove or reduce that disadvantage.

This requires more than simply saying “the role needs to be office-based”. Employers should:

• obtain appropriate medical evidence,
• consider Occupational Health recommendations,
• assess whether the role can be performed differently,
• explore alternative adjustments, and
• document the decision-making process carefully.

A common mistake is focusing solely on the reasons a request cannot work rather than actively considering how it might work.

Ultimately, employers are not required to agree every homeworking request. However, where disability is involved, a refusal should be supported by clear evidence, objective reasoning and a demonstrable consideration of reasonable adjustments.

Failing to do so can expose a business to claims for disability discrimination, failure to make reasonable adjustments and, in some cases, unfair dismissal. Contact us at enquiries@121hrsolutions.co.uk and we can discuss any queries you may have on this subject.