If teleworking is not part of the initial job description and the employer makes an offer to telework, then the worker may accept or refuse this offer. As with most initiatives teleworking is best introduced on the basis of consensus.
Employers are required to provide employees with a written statement of particulars of employment within two months of commencement. Teleworkers are entitled to a written statement under the same conditions as office workers. The place of employment must be included in these particulars and details of the teleworking arrangements should thus be incorporated.
Where teleworking represents a change in working practices the employer has one month under Section 4(3) of the Employment Rights Act 1996 (or article 36(3) Employment Rights (Northern Ireland) Order 1996) from the date of change to produce revised particulars. It is thus good practice for the whole scope of contractual amendments to be detailed in the revised written particulars. After discussing the change with your employee, you should confirm the change to their contract of employment by using a confirmation of change to terms in a contract of employment document.
As part of its teleworking policy, the employer should make it clear that there is no intention to change the employee's status and the rights they are thus entitled to, unless both the employee and the employer wish to change the nature of the employment relationship in other substantive ways. Teleworking should not be used as a backdoor means of replacement of permanent jobs with freelance or temporary jobs.
Particular aspects of a teleworker's contract which may need to be amended or specified are:
On the general principle that people should not be compelled to telework, those who do so should be able to change their mind if they find the arrangement to be unsatisfactory. This applies to workers who may dislike the isolation and to employers if productivity is suffering. Both sides should, however, consent to the changes.
In some cases, however, it may not be possible to reverse the decision to telework. For example, accommodation at the employer's premises may have been reduced as a consequence of the fact that employees are now teleworking. Similarly, the costs of reversal (added to the sunk costs of providing equipment for home working) may be too high.
Consequently, the circumstances in which a decision to telework cannot be reversed should be spelled out at the beginning in the individual's agreement (e.g. where the initial job description was for a home worker).