Remote Work And The Law: What Are The Challenges?

Statistics show that 60% of the UK workforce is working remotely due to the coronavirus pandemic, and 26% plan to continue working from home after the lockdown period.

This trend towards remote work was growing even before the pandemic because it has benefits for businesses and their employees. 

However, some potential legal issues are associated with remote work that employees and their bosses need to be aware of as the practice becomes more common. These are some of the potential legal problems created by remote work. 

Working Across Countries

One of the great things about remote work is that you can work for a business anywhere in the world, and you are not limited to the companies within commuting distance. This means you have more opportunities and it’s much easier to find the perfect job. However, this can create confusion with the legal status of remote workers and which countries they are obliged to pay tax in etc. Are they considered to be working in the country they live in, the country the business is based in, or both? If you are going to work in a different country, it’s important that you take advice from an immigration lawyer to ensure you actually have the right to work in that country and consider whether you should apply for citizenship at any point. You will also need to check your tax status and which countries you need to pay tax to. These issues can get quite complicated, so it’s best to seek legal advice to ensure you are meeting your obligations. 

Health And Safety 

Health and safety law is clear-cut when you work in an office. It’s up to your employer to make sure that the work environment is safe. However, a lot of people don’t realise that those obligations still apply to some extent when you are remote working. Your boss is obliged to make sure that your work environment is safe, and that means providing ergonomic furniture to reduce potential health issues. They also need to make sure that their liability insurance extends to your home. 

Employers also have a responsibility to manage stress and mental health in the workplace, and this is no different if you work from home. If you think that your employer is not meeting their health and safety obligations, you must raise it with them. 

Data Security 

There are strict laws about how businesses handle sensitive customer data, which can raise legal issues for remote workers. You will probably need to access data on a device outside of the office, most likely a personal device. You could be held accountable if you do not take the necessary steps to protect data. Your employer has a responsibility to help you do this too. You must be careful with using public wifi connections because they are not very secure.  

There are some huge benefits to working remotely, but as the way we work changes, you should continue to stay on top of your legal obligations.