working from home policy uk template

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Working From Home Policy (HR Guidelines)

Anne morris.

• 5 August 2022

IN THIS SECTION

With more employees than ever working from home, employers must ensure they have a working from home policy in place that is clear on standards and expectations for remote workers, while ensuring legal compliance and protecting their interests.

In this guide for employers, we share an overview of the law relating to working from home, including an employer’s legal responsibilities toward their employees, and what a working from home policy should include as a matter of best practice.

The law on working from home

Homeworking is where a member of staff is permitted to carry out their daily contractual duties from home on an occasional, temporary or permanent basis.

The employee will typically still work in accordance with the core conditions under their contract of employment, such as the same working hours and pay, but will not be required to go into their official place of work for those days where working remotely has been agreed on hybrid working basis .

Working from home is a type of flexible working arrangement that can enable employees to meet the demands of their job role while providing a degree of flexibility to achieve a better work/life balance.

There are also various benefits to homeworking for your business, including lowering overhead costs, freeing up office space, and a happier and potentially more productive workforce with improved staff retention.

There is no legal right to work from home .

Employees have the right to request flexible working after accruing 26 weeks’ continuous service . As an employer, you do not have to agree to any such request by law, although you are legally required to consider a request made and provide sound business reasons for any refusal.

What are an employer’s responsibilities for homeworkers?

By law, all employers are under a duty of care to ensure the health, safety and wellbeing of their employees, including when an employee works from home.

Ordinarily, you would be expected to carry out some form of health and safety risk assessment of the workspace available within the employee’s home environment. A risk assessment can still be completed, even in the current climate, by way of an employee questionnaire, ensuring that every individual feels that the work they are being asked to do can be achieved safely at home.

You will be responsible for ensuring that employees have access to the right equipment and technology needed to conduct their role from home, such as a laptop, mobile phone, suitable business software and good internet connectivity. Where this needs to be set up or provided, you will be responsible for making this happen, together with any necessary training and support to work from home or to use any remote working systems.

During the course of any period of homeworking you should also keep in regular contact with employees, checking on their health and wellbeing. This includes any mental health issues that may arise as a result of high levels of stress and anxiety, or feelings of isolation, caused by working from home or because of work-related issues.

What should a working from home policy include?

Whether you are considering implementing a working from home policy on a permanent basis or as a temporary measure, you will need clear rules setting out any eligibility requirements, how to request working from home and how this will work in practice.

Below we consider some of the key aspects of a working from home policy.

Eligibility criteria

Your working from home policy should include clear guidelines to let your staff know who is eligible for home working and who is not, as well as how to apply.

When considering eligibility, you will need to take into account the impact on your business of allowing homeworking, and whether this is economically and operationally viable without placing your business at a significant disadvantage.

It may be that the business can survive with only a key number of employees working within certain roles, with the majority working from home. In other cases, working from home may not be possible at all.

Any decision to allow homeworking does not need to be implemented across your entire organisation, although you should be transparent and clear about the basis upon which employees are eligible to work from home, ensuring that this does not discriminate against certain individuals or groups of individuals.

Carrying out a risk assessment

For those who are eligible for homeworking, you will still need to carry out some form of risk assessment for that individual, ensuring that they can work from home safely and reliably without direct supervision, and whether homeworking is feasible in terms of space and equipment, as well as any caring responsibilities, such as for young children or sick and elderly relatives.

Your questionnaire should include asking details about the employee’s personal circumstances or vulnerabilities that you may need to be aware of, such as whether the employee is pregnant, has a weakened immune system or a long-term medical condition such as diabetes, cancer, chronic lung disease or respiratory conditions such as asthma, or lives with anyone with these conditions.

You will also need to ask questions relating to the viability of working from home, including access to any necessary devices, paperwork, office furniture, computer applications, software and a secure internet connection.

Establishing a homeworking agreement

Homeworking can be very different to face-to-face work practices, presenting all sorts of new practical daily challenges. It is important that you set out how you expect employees to perform while working remotely, exactly what they are required to do and how things will work in practice.

This should include agreeing to the following:

• At what times the employee will be available to work
• At what times the employee will be able to take breaks
• The ways in which employees will keep in touch and with whom
• Who employees should contact if they have any problems
• Exactly what the employee is required to do
• How their performance will be managed and measured

It is important to recognise that some individuals may find it hard to organise themselves when working from home, so setting daily or weekly tasks may be a good way of providing a suitable structure for those working remotely.

Ensuring cyber security and data protection

When working from home it is important that employees are fully trained in the requirements of the General Data Protection Regulation and the Data Protection Act. If you plan to let your staff use their own devices when working remotely, you need to think about how they will keep any important data safe and private, as well as how any hardcopy files and paperwork will be stored.

You should ensure that homeworkers store and save all online files in the central cloud storage for your company or organisation, and not locally on their own device. Your work from home policy should also include rules such as ensuring employees protect their own devices with antivirus software where necessary. You may need to offer a financial contribution to cover this cost.

Keeping in touch with homeworkers

Regularly keeping in touch with homeworkers is not only essential to the operational needs of your business, but to ensure their health and wellbeing.

It is important that employees have the means to easily communicate with their manager or colleagues, so as to share progress and stay up-to-date with work projects. This might involve new ways of working, for example, using video or conference calling technology, as well as ensuring that employees feel fully supported on both a professional and personal basis.

For those homeworkers with children or other caring responsibilities, you will need to be sensitive and flexible toward their situation. You may need to agree to a more flexible homeworking arrangement, for example, working reduced or different hours, or reducing work targets and being flexible about deadlines.

You may also need to make adjustments to any temporary arrangements to improve an individual’s working conditions, as well as ensuring sufficient IT support to cope with the number of staff working from home at any one time.

Need assistance?

Making changes to working practices can offer considerable benefits to both the employee and employer, but it will be important to have an effective working from home policy in place to have clarity of roles and responsibilities.

Ensuring that you have in place a homeworking policy, with clear guidelines as to what is expected of an employee working remotely, is imperative to maintaining the operational needs of your business, as well as the health and wellbeing of the homeworker.

By failing to establish clear boundaries, this could lead to all kinds of issues including a lack of productivity, unmotivated employees, social isolation and over-working or working unsocial hours. By providing guidance and support, maintaining regular contact and monitoring an employee’s performance, you can help to manage and pre-empt any potential issues.

DavidsonMorris’ employment lawyers can help with all aspects of workforce management. Working closely with our HR specialists, we offer a holistic advisory and support service for employers encompassing both the legal and people management elements of flexible and hybrid working arrangements. Speak to our  experts  today for advice.

Working from home policy FAQs 

What should be included in a working from home policy.

The policy should provide the official guidelines for anyone working from home and for managers responsible for managing homeworkers. This includes details of what is allowable, expectations and the procedures to follow.

What is the law on working from home?

There is no right to work from home, but some employees have a right to request flexible working, which could include a remote working arrangement.

Can an employer refuse working from home?

Employers must consider a statutory request for flexible working, but they may refuse if they have good reason, such as disproportionate costs.

Last updated: 5 August 2022

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator , and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

• Anne Morris https://www.davidsonmorris.com/author/anne/ Family Visa UK: Explore Ways to Apply
• Anne Morris https://www.davidsonmorris.com/author/anne/ Ukraine Refugee Aid in UK
• Anne Morris https://www.davidsonmorris.com/author/anne/ Understanding British Values
• Anne Morris https://www.davidsonmorris.com/author/anne/ Family Reunion and Immigration

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility .

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners , we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

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Legal Templates

Home Business Employee Policies Work From Home

Work From Home Policy Template

A work from home policy outlines rules and guidelines for remote workers.

Updated April 24, 2023 Reviewed by Brooke Davis

Many businesses are moving more employees to “work from home” status. Not only has COVID-19 changed the landscape of how business gets done, but increased digital and remote ability has also made it easier to work outside of a traditional office.

A work-from-home policy can help you create the policy you need.

If your business allows  employees to work from home , you should have policies to govern their actions and protect your business. In this article, you will learn how to make a work-from-home policy for your employees and give you the tools to create your own guidelines.

• Sample Work From Home Policy

This work-from-home policy sample will show how a template can help you create your agreement.

What is a Work From Home Policy?

When to use a work-from-home policy, what to include in a work-from-home policy, how to write a work-from-home policy, tips to consider when writing a work-from-home policy.

• Benefits of a Work-From-Home Policy

Frequently Asked Questions

A work-from-home policy is a binding policy between you and your employees that governs their responsibilities and expectations while working from home.

It may define who is permitted to work from home, a process for requesting work at home, and set forth the approval process.

Whether working from home is optional or mandatory , it gives your business the power to ensure employees are successful while working at home. It protects their health, productivity, and businesses’ rights. The policy clarifies expectations and documents your procedures if an employee violates them.

Work-from-home policies are also referred to as:

• Telework policy
• Remote work policy
• Telecommuting policy
• Remote employment agreement

You should use a work-from-home policy whenever you want employees to work from home. These agreements set clear expectations and employee requirements while they work for you.

They protect your business as well as your employees .

If you have any employees working remotely, you should utilize an agreement. You can modify a work-from-home template to meet your company’s unique needs without starting an agreement from scratch.

A smartly crafted work-from-home policy establishes expectations and limits. The details can clarify questions and the organization’s reasons for specific guidelines. These are items to consider:

• Eligibility:  Articulate which positions are fully or partly remote and those that require employees to commute to a physical location.
• Process:  Provide details regarding the approval process to transition to remote work and who makes these decisions.
• Compensation: Include how much the company pays for personal internet service and phone bills.
• Benefits:  Include details about vacations, personal time, family leaves, retirement packages, and other perks.
• Schedule: Establishing acceptable shifts in your work-from-home policy is prudent.
• Productivity:  Set productivity standards to ensure workers maintain the same focus they would with onsite supervision.
• Dress Code:  Remote workers have face time during virtual meetings with leadership and clients. It’s essential to establish dress code criteria for virtual interactions.
• Communication:  Without the ability to make informal face-to-face contact, communication methods and virtual meeting times should be included in the policy.
• IT Requirements: Off-site workers must have electronic devices and Wi-Fi capabilities to perform tasks without technological setbacks.
• Cybersecurity:  To prevent hackers from breaching the business network, limit endpoint devices to only those vetted by the IT department or managed services provider.
• Signature:  A work-from-home policy is a binding policy requiring all parties’ signatures. That’s why it’s essential to provide a space for an e-signature.

Writing a work-from-home policy yourself saves you money and time. You can use our document builder, or work-from-home template, to help you create and modify a policy suited to your needs.

Follow these steps when writing a work-from-home policy:

Step 1 – Outline the Objectives

Your work-from-home policy should clearly outline what it’s setting out to accomplish. In most cases, this will provide guidelines and procedures for remote employees.

Step 2 – Scope

Detail the scope of the policy, whether it’s for a permanent or temporary arrangement or both, and where the employee is permitted to work.

Step 3 – Who Can Work Remotely?

You need to outline who is eligible to work from home. To suit this to your business needs and goals, things to consider when deciding who can work from home could include:

• Roles and job duties – Some roles can easily be performed from home, while others may require employees to be face-to-face with customers or onsite for maintenance work.
• Software/equipment requirements – Some businesses require specific software or equipment for employees to work from home; sometimes, that might not be feasible.
• Tenure – Working from home could be an earned benefit or possible after a probation period if it’s for new employees.
• Security risks – Some jobs could be too vulnerable to cybersecurity risks when based from home.

Step 4 – Expectations

In this section, you’ll want to lay out the expectations of your employees working from home. State that remote employees must perform the same duties, assignments, and other tasks when working from home as in the office.

You might also want to state that remote employees must be able to communicate and collaborate with the company and other employees during specific hours. You could also detail how many days (if not all) employees can work from home.

Your work-from-home policy should state when the employee is expected to work. This should include the days they must work and the times. If you wish to provide flexibility in hours, you can set other criteria for how and when work must be accomplished.

Step 5 – Security

Here you will want to highlight the importance of security and that remote employees are expected to protect the proprietary company and customer information accessible from their remote workspace.

Typically, this includes password management, locking filing cabinets, encryption, and other measures required to keep information secure. You can also state whether employees should use a Virtual Private Network (VPN).

Step 6 – Equipment

Will you provide equipment to your employees so they can work from home? Detail what office supplies or furnishings you may provide remote employees; you can also include whether the business will contribute to the cost of working from home, such as electricity or internet access.

You will also want to include information on how equipment should be returned if employment ends.

Step 7 – Procedure

Outline the company approval process for working from home. Do employees need to seek permission to work from home, or can any arrangements be made for employees on family or medical leave?

Your work-from-home policy may not cover informal arrangements.

This section could also cover hourly, non-exempt employees still required to track their hours. Since they are at home, you should create a procedure for remote workers to track their hours and submit them to a supervisor.

You can also create attendance and availability standards for their work. Instead of tracking down employees to get their input, they should be available when needed. You can dictate when remote workers are available.

When writing a work-from-home policy, you want to create a comprehensive agreement that fully outlines your expectations of remote employees . These tips can help you make an effective agreement:

• Include remote monitoring: Remote monitoring software lets you track your employees that are working remotely. This includes their communications, working time, and other usage habits helpful to employee supervision. If you decide to use any, you should include any remote monitoring you will use in your policy.
• Create a sick and vacation policy: Just because they are working from home, it does not mean that employees lack vacation or sick time. You should account for how to track this time off in the agreement.
• Consider unique expectations: Every job is different. You should consider the individual requirements of a particular job when drafting a remote work policy. This might include provisions to attend in-person training or even utilize specific technology when working remotely.
• Create enforcement mechanisms: You cannot just have policies in place; you need to be ready to enforce them. The agreement should outline the effect of a breach of the at-home work agreement.

5 Benefits of a Work-From-Home Policy

A work-from-home policy benefits companies, current employees, and potential new hires within and outside the traditional commuter range. These are reasons to institute a carefully worded work-from-home policy.

1. Reduce Expenses

Utilizing a work-from-home approach allows companies to reduce their brick-and-mortar footprint and the accompanying expenses. This may involve leasing less space or going completely virtual, eliminating rent, utilities, and other costs.

Employees also save time and money because they no longer need to travel to an office.

2. Demonstrates Trust in Employees

A work-from-home policy sets guidelines regarding remote activities. By that same token, it shows valued employees that leadership trusts them to complete tasks promptly without onsite supervision.

This can be empowering to workers who too often feel professionally undervalued. Establishing trust in this manner helps develop a positive company culture.

3. Improves Work-Life Balance

The ability to stay home and earn a living typically improves employee lifestyles. Not having to wear stuffy professional clothes, not having to wake up as early, and removing stressful commuter traffic from daily life is addition by subtraction.

4. Expand the Talent Pool

Requiring people to come to work at a physical location limits possible hires to a reasonable commuter range. But a work-from-home policy allows human resources departments to accept applications from people living virtually anywhere.

The ability to onboard highly talented people gives companies with remote policies a competitive advantage.

5. Better Employee Retention

Remote workers enjoy a lifestyle with minimal stress and enhanced freedom. These quality-of-life improvements make for a happier workforce in which people stay longer. Continuity is a crucial factor in terms of productivity and expertise.

How do you ensure team productivity in a work-from-home setting?

Not every person possesses the self-discipline to work from home. Distractions and procrastination are common reasons why things go awry.

Employers can minimize these issues by establishing daily schedules, virtual meeting times, and productivity reviews. These and other expectations provide a structure that helps people succeed.

What is the best way to maintain communication with remote employees?

It’s important to replicate in-person experiences as closely as possible through one-on-one virtual chats. These may involve showing compassion as well as mentorship.

Although remote flexibility is generally a live-work win, the human experience and connection still matter.

What other options can you offer employees for an improved work-life balance?

Not every position is conducive to fully remote performance. Other options that enhance the live-work balance involve flex time, four-day work weeks, alternative schedules, and integrating wellness programs into the office setting.

Employees benefit when daily experiences can be less rigid or stressful.

How do you maintain company culture with remote work?

It may sound counterintuitive, but one way to maintain workplace culture in a remote landscape is to be in the same space.

Companies can unite people by organizing after-hours gatherings, weekend barbecues, or participating in 5Ks and game nights. Having coffee, tea, or lunch virtually buoys interpersonal relationships for those outside the commuter area.

What makes a Work From Home Policy effective?

A work-from-home policy is most effective when drafted carefully and thoughtfully. A template agreement is especially helpful in getting started, but the ability to modify it for your unique needs makes it especially useful.

How do you create a Work From Home Policy?

Using a template, create a work-from-home policy with Legal Templates. We offer template agreements you can use or build your agreement with our template builder.

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Working from Home Business Policy

Please state the full name of the Employer who is making the policy for working from home. Where the Employer is a registered company, the name may include the letters "LTD", "LLC" or "PLC".

Need personalised assistance? At the end, you can choose to consult a lawyer.

POLICY FOR WORKING FROM HOME

It is the policy of ________ (the Employer), including all and any trading names connected with them, to commit to promoting a safe, secure, efficient and flexible system that permits employees to work from their homes and fulfils the needs of both the Employer and our employees. This policy and all that is contained within it shall apply only to employees when working from home and shall not be applicable to other formats of flexible working methods that may be endorsed and offered by the Employer. The flexibility and productivity rates that working from home affords can be beneficial to both the Employer and employees and as a result, the Employer may from time to time, as is deemed necessary, implement or provide employees with the option of working from home.

Crucially, working from home must provide optimal efficiency and effectiveness. Where it is viewed by the Employer that working from home is having an adverse effect on its normal operations, they shall have the right to remove the ability of employees to work from home.

WHEN SHALL THIS POLICY APPLY?

The policy shall apply to employees who:

I. Work between home and the office

II. Always work from home to carry out their normal duties

III. Carry out mobile work between multiple locations and have a base at home

IV. Work from the Employer's premises as their main place of work but may occasionally work from home

Employees of ________ who fall into one of the relevant categories as outlined above should closely read and familiarise themselves with the contents of this policy and, where they have questions that cannot be answered from this policy, they should consult with their appointed supervisor or relevant manager where necessary.

APPLYING TO WORK FROM HOME

Where an employee is not ordinarily permitted to work from home in order to fulfil their duties they shall be able to apply to the Employer in order to do so.

Applications to work from home should be made in writing and submitted to an employee's relevant manager. The application should set out why the employee feels they should be permitted to work from home and must include the following information in order to be considered by the Employer:

I. the date on which the application is being made;

II. that the application is specifically to allow the employee to work from home;

III. when the ability to work from home should begin;

IV. how any impacts that working from home may have on the employee's work can be dealt with;

V. information relating to any previous flexible working applications or requests made by the employee;

VI. if the application relates to a disability or any protected characteristic, or otherwise, included within the Equality Act 2010.

The Employer shall consider whether the employee's role is suitable for home working and if they will be able to appropriately and successfully fulfil their duties from home. The Employer shall also consider the potential cost of providing the employee with the relevant equipment to perform their duties from home and shall also consider if the security and confidentiality of the Employer can be safely maintained.

ELIGIBILITY TO WORK FROM HOME

In order to be able and eligible to work from home, it must be considered reasonably achievable in relation to the duties and circumstances of an employee and unchallenging from a managerial perspective.

To be eligible to work from home, employees must meet the following criteria:

I. Only employees who work in the following departments/roles shall be able eligible to work from home:

II. Employees who have been continuously employed by the Employer in the same role for a period of ________ shall be eligible to work from home;

III. Employees who have achieved satisfactory performance reviews from their relevant manager and have not received a disciplinary during the period of their employment with the Employer.

The Employer must believe that an employee has the necessary qualities and skills to be able to work from home successfully. These qualities are:

Eligibility to work from home will also be dependent upon whether or not the employee's home is appropriate and suitable to do so. The employee must have access to the following to be eligible to work from home:

I. a secure and stable internet connection;

II. a safe and secure space to place and keep any documents or materials which relate to their work which only the employee has access to; and

III. a private workspace which ensures no persons who are not authorised by or employees of the Employer can read, see, hear or in any way come into contact with the employee's daily business activities.

ISSUES TO BE CONSIDERED

There are a number of issues that shall be carefully considered in the implementation of this policy to ensure that it mutually benefits both the Employer and our employees. Crucially, by allowing an employee to work from home the Employer must be certain that the needs of the business shall continue to be met efficiently and robustly. The following issues shall be considered and dealt with by the Employer before an employee shall be permitted to work from home.

1. Health and Safety

The Employer shall ensure they continue to fulfil their legal obligations to secure the health and safety of employees while they are working from home. The employee shall be required to carry out the following health and safety measures:

(a). employees shall be required to carry out a workstation assessment on their home workstation and report the result back to the Employer. Where necessary, the Employer shall encourage and aid the employee in implementing any required changes. Employees shall be required to include any necessary display screen equipment they use to fulfil their duties in any assessment undertaken by them.

(b) . the Employer shall regularly monitor an employee's situation when working from home by keeping in consistent contact with employees to ensure they are maintaining a safe and healthy working environment.

(c). the Employer shall provide the following in order to help positively maintain the mental health of employees while working from home:

2. Equipment needed to work from home

Employees shall be required to use the following of their own personal equipment when working from home:

The employee shall be responsible for the installation and maintenance of any equipment needed to enable them to work from home.

The Employer shall provide the employee with the relevant software to use on their personal equipment so that they may carry out their duties.

Where the provision of equipment for the employee to be able to work from home is deemed to be too great by the Employer, the employee shall not be permitted to work from home.

The Employer shall not be liable for the costs of any equipment the employee must purchase in order to successfully work from home.

All equipment, software, data and any other materials or documents supplied by the Employer to enable an employee to work from home shall remain the property of the Employer.

3. Insurance

Employees shall be required to notify their relevant home insurance provider and/or mortgage provider of their intention to work from home. They should thoroughly check that there is nothing in their mortgage agreement/lease/insurance which prevents them from being able to carry out their duties to the Employer from home.

4. Costs/Expenses

________ shall not make any contribution towards normal household expenses, such as heating, electricity, council tax etc, which relate to employees working from home.

MANAGEMENT OF WORKING FROM HOME

In order to facilitate a successful and efficient policy and procedure for working from home, the Employer must ensure the implementation of robust management practices which foster a cooperative environment between employees at all levels within ________ .

All employees must carry out their duties between the hours of ________ and ________ . When working from home, employees shall be required to clock in with their relevant manager at the start of each working day. Employees must ensure that they are contactable within their relevant working hours by way of telephone or email.

Communication between employees and their relevant managers is crucial to the arrangements which allow persons to work from home. Procedures for the effective communication between employees, managers and external customers and clients must be followed diligently.

Employees will be required to report their daily activities to their relevant manager at the end of each working day while they are working from home.

While employees are working from home they shall be given the same opportunities for training, development and progression in the following ways:

Employees who are working from home will be required to come into the office to carry out certain duties or meetings with fellow colleagues. This attendance to the office shall be required of employees working from home every ________ .

Furthermore, employees working from home will be required to come into the office whenever they are so requested to do so by the Employer.

RESPONSIBILITIES

1. Responsibilities of Managers

Managers who work for the Employer shall have following responsibilities under this policy:

(a). managers shall be responsible for processing the applications of employees and granting an employee permission to work from home;

(b). managers will be responsible for implementing and notifying employees of the relevant arrangements of how they should fulfil their duties from home;

(c). managers should ensure that employees are aware of their expected and required standard of work and of their relevant and specific tasks and responsibilities while working from home;

(d). managers should provide the Employer with feedback on employees who are working from home regarding their performance and discuss with them how their performance can be improved;

(e). managers should review the success of employees they are responsible for working from home on a regular basis and should report their findings of this to the Employer. In carrying out such reviews, managers must consider if the necessary outcomes and requirements of the Employer's business needs are being met.

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The intention of this policy is to create a fair and consistent approach in the application of procedures that allow employees to work from home and that these are understood by all staff. This standard guidance and procedure should be followed by all employees of ________ at all levels. Crucially, nothing contained within this policy shall constitute a change in, or form a part of, an employee's contract of employment with ________ .

This policy shall be updated from time to time by the Employer as may be necessary.

Signed: ______________________________ ( ________ , ________ )

Date: ______________________________

HOW TO CUSTOMISE THE TEMPLATE

Answer the question, then click on "Next".

The document is written according to your responses - clauses are added or removed, paragraphs are customised, words are changed, etc.

At the end, you will immediately receive the document in Word and PDF formats. You can then open the Word document to modify it and reuse it however you wish.

You will also have the option of requesting assistance from a lawyer.

• HR Policies Documentation
• Work From Home Policy

Peninsula Group , HR and Health & Safety Experts

Dec 3rd 2020 (Last updated Jan 23rd 2024 )

With an increasing number of employees looking to work remotely, your business will need a work from home policy. Here we offer you a free template and policy guidelines.

Jump to section:

Why do I need a coronavirus working from home policy?

Work from home policy template, sample policy, the right to request flexible working, for anything else….

With working from home now critical for many UK businesses, you may need a work from home policy. Fast.

Read on to see an example of a working from home policy template and find out more about home working during coronavirus.

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Find the safest and easiest way to resolve your workplace issue

Working from home guidelines let your staff know who’s eligible for home working, and who‘s not. Your policy also sets out how you expect employees to perform while working remotely.

Remote working helps reduce your employees’ risk of exposure to illness. But there are other benefits of remote working to your business, too. These include:

• Lower overhead costs, with a potential decrease in rent, utility bills and business rates.
• Business continuity, with your people still working during the crisis.
• Happier, safer and more productive staff, with no more commuting.
• Improved staff retention, as happy staff are more likely to stay.

With the above in mind, you may want to let staff work from home as soon as possible. If so, you need to draft a work from home policy.

Where do you start? Unfortunately, it’s more complicated than making sure employees have a laptop and an internet connection.

Below is a sample work from home policy to show you what’s involved in letting staff work remotely. You should consider if you need a permanent or occasional working from home policy.

Read the home working policy template for guidance or contact us for advice on 0800 028 2420 .

Work from home policy guidelines

Our policy ensures that, where possible, working from home is viable for as many employees as possible.

When can employees work from home?

During the coronavirus crisis, employees may work from home if their job permits it. Your line manager will decide whether your job permits home working.

Working from home policies

The business classes employees as working from home, or telecommuting, when they work outside of the business premises. The business may ask you to work from home:

• On certain days.
• By dividing time between office work and a remote location.

Any working from home arrangements granted due to the UK government’s guidance on coronavirus are temporary.

Who gets to work from home?

If their job permits it, employees can work from home if approved by their line manager. Your line manager will consider the following factors when approving a home working request:

• Is the employee in a ‘high-risk’ group?
• Can they fulfil their work duties remotely?
• What cybersecurity/data privacy challenges does remote working pose?
• Will working from home hinder collaboration with other team members?
• Do employees have access to the right equipment or software?
• Is the employee’s home suitable as a working environment?

If you wish to work from home, you should:

• Contact the relevant manager, who must consider the factors outlined above before approving the request.
• If working from home for over a week, then managers and staff should discuss how this affects business goals, schedules, and deadlines.

Your manager must approve your home working request before you begin working from home.

Compensation and benefits

In most cases, employment terms aren’t affected by working from home.

End of work from home template

Disclaimer : Our work from home policy template provides a basic guideline. It should only be used as a reference point for your business. For your policy, you may need to consider additional laws and best practice. Peninsula UK will not assume any legal liability should it arise after this template has been used.

After 26 weeks of service, employees have the legal right to make a ‘statutory request’ for flexible working.

So, in certain circumstances, you may receive a statutory request to work from home. You have a legal duty to consider whether to allow remote working, but you don’t have to agree to the request.

Looking for expert advice to help your staff work from home? You can get in touch with us for help. Call our HR helpline on 0800 028 2420 or click here to book a callback.

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What are HR policies?

HR policies outline an organisation's approach to certain issues and procedures you have in place.

What do HR policies cover?

HR policies can cover a range of issues your business may face. This can include overtime, health & safety procedures, and social media usage.

What are the benefits of having HR policies?

There are many benefits that come from having HR policies in place. Such as explaining your expectations, creating a healthy workplace culture, and protecting staff from discrimination.

How can Peninsula help with HR policies?

Peninsula can offer you both expert and practical advice on your HR policies. Doing so can mean you never break employment law.

Can you be taken to an employment tribunal over your HR policies?

Yes claims can be raised against you if your HR policies are unlawful. For example, if you discriminate against employees in your policies then you may be taken to a tribunal.

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Remote Work Policy Sample for Employers (with PDF sample template)

With the rise of work-from-home, it's getting increasingly more important to put the agreements, requirements and responsibilities of each party down in writing, as part of a Remote Work Policy or " Work from Home " Agreement. But what should be included in one of those contracts and why are they needed?

What is a remote work policy?

A remote work policy can either be an organization-wide document that captures rules and regulations around remote work or an addition to an existing employment contract, listing new requirements and responsibilities as an employee goes remote.

In particular, the second case is more relevant than ever, as thousands of organizations migrate to a remote-friendly working environment in the face of COVID-19 and its long-term effects on the workforce.

As part of the official remote work policy, you would go over changes to working hours, the scope of the work agreement, responsibilities of the remote worker during their days working from out of the office and more important rules for grey areas, like what happens with company equipment or who is responsible for office-related costs.

Remote work policies are often a slim contract to sign, rarely ranging over two full pages and are therefore often overlooked. You may not need it, but it's better to be on the safe side.

Why should I have a remote work policy?

While one big part of the remote work policy is about managing expectations and clarifying the scope – something that could potentially be done in an internal memo as opposed to a formal contract – the other half is for legal coverage as well.

For example, it's important to put the policy behind relocations and compensation plans down in writing. Folks need to adhere to security measures to make sure that internal data isn't leaked. In addition, the protection of intellectual property when someone works without strict working times from home should be regulated as well.

Overall, in many existing employment contracts, performing work and protecting intellectual and physical property is only covered in the office. To expand coverage, it's necessary to add the exception of remote working as a possible avenue as well.

How to create a work-from-home agreement

A work-from-home agreement isn’t hard to write and it will provide coverage for your company. If you want to protect yourself and your employees from harm, these areas should make it into the policy.

Remember that this is just a sample remote work policy. As you build your own policy, be sure to consider your company’s unique needs and personalize a WFH policy template according to your needs.

Eligibility 

Before you specify your remote work policy, consider who will be eligible to work from home. For example, is this benefit available to all employees? Is it available for all days of the week or just a few? Will employees have to request WFH time? It’s essential to clarify eligibility for remote work from the get-go. 

Scope & Duration

There are dozens of variations on remote work . You may have a mixed model, where folks spend a few days per week at home. You may have a work-from-home policy that allows people to take a certain amount of home office days. You might be partly remote, with some employees in the office and another batch remotely or finally, you may be fully remote, with no office whatsoever.

Especially during the pandemic, you may want to have a limited transition to remote work for a while. You may want to specify that folks can work fully remote for the summer, to avoid the hot office that doesn't run A/C. There are no limits to possible configurations that you might create.

Your working from home policy template should include:

• the kind of remote work you would like to allow, 
• the limits of it 
• and the responsibilities involved.

Relocation & Compensation

If you run a fully remote operation, it's more than reasonable for employees to decide to move somewhere else, where they prefer. Your job as an employer is to build a relocation strategy and decide whether the overall compensation is bundled with the location of an employee. You might also start to think about international contracts and compliance.

Additionally, it's often expected or even governed by the law that you as an employer have to reimburse office-related costs . As our homes turn into offices, where do you draw the line? It's common to cover internet and electricity, but you might also want to cover part of the rent or a fixed desk in the office.

If you expect employees to travel to a main headquarters a few times per year, that should be put down in writing as well. For example, your sample remote work policy should mention how much is covered during that period of travel and what needs to be paid by the employee.

Remote Working Requirements

Not all remote work is made equal. You should be clear what's expected from your newly transitioned remote workers and set forth limits. For example, while you may have used time tracking before to record working times, that's no longer feasible when working from home. After all, it's sometimes hard to draw the line between the professional and personal at home.

At the very least, your WFH policy template should specify the minimum requirements to make this set up work: Employees should work from somewhere where they are not distracted – in front of the TV or on a beach is typically not a feasible place for focused work. A stable internet connection is a must, so it needs to be arranged either at home or at a shared office.

Breaks are still crucial to recharge, so prevent folks from working for hours on end, at nights or weekends. Unless they take the days off otherwise, it's usually not a long-term solution. Finally, make sure that communication is set up in a way that works for everyone. Either being available on Zoom and Slack during working hours or fully implementing async communication.

Changes to Existing Policies

If you are transitioning from office to remote work , you might have multiple policies already in place that are interfering with your move to remote work. A common policy is in-person time, for example. If you previously had a policy that employees have to be in the office between certain times on a workday, that is no longer possible. The same counts for certain perks or dress codes.

You will also want to specify if a new policy replaces an old one. For example, your intellectual property policy usually overwrites the one already agreed on in the employment contract. New security measures might come into place and there will be new rules about taking equipment home.

Equipment & Security

Finally, the way you handle your equipment changes with a transition to remote work. It's traditionally the case that all work done on office machinery belongs to the company, but as people work from home and might mix private and work, that can often come back to bite you.

Additionally, more security measures need to be in place. It's often a good idea to specify these needs in a sample remote work policy. For example, you might require office traffic to go through a VPN, use a certain standard for passwords and have documented policies on theft or data loss.

Optional areas of a sample remote work policy

The best sample remote work policy should also include optional areas that lead to better WFH results. These guidelines can be used to improve virtual teaming overall. For example, here are some areas to consider adding: 

• Teaming etiquette. Your employees will be more productive and happier if they understand daily expectations. For example, set the ground rules for virtual meeting etiquette, such as muting microphones.
• Working hour guidelines. It’s also important for teams to respect working schedules. For example, it’s a good idea to add guidelines such as no email sending after 7 p.m. at night. 
• Team building. Creating a good rapport with your teams is vital. Consider rules of engagement such as guidelines for team building. Can workers have virtual coffee dates during working hours? Is there at least one in-person event per year? You decide! 
• Streamline communication. Define what tools should be used for communication and collaboration, so there’s no confusion.

In addition, your remote work policy will depend on your geographical region as well. For example, a typical remote working policy template UK will include homeworking guidelines according to local British law.  

Best practices for work from home policy samples 2021

In addition to the key areas mentioned above, every WFH policy template should follow best practices. This includes values such as:

• Clear wording , so the contract is easy to understand. 
• Rule enforcement policies , so the consequences of breaking them are straightforward. 
• Educating employees on the policy , so that there’s no confusion about it.
• Signing the policy with every new update , so that everybody’s literally on the same page.
• Regular review of the policy , so your company can adapt to new needs over time.

Finally, even though working from home policy templates can define all areas of work, you should try to build a team based on trust. The more flexibility and trust you give your employees, the more likely you’ll create an excellent work environment. 

Download our sample Remote Work Policy PDF

Excited to see what a remote work policy could look like? Let us help you out.

Download Remote Work Policy PDF

This is just one of many work from home policy samples 2021. With it, you can create a policy that’s legally compliant and includes a full scope of WFH issues. Don’t forget about following best practices too, such as rule enforcement.

Remember that a working from home policy template should be personalized to your company’s needs. To help you build a better remote work strategy, you can get even more resources on NoHQ . 

By now, you should know the ins-and-outs of work-from-home agreements. The only thing left to do is to implement it. Best of luck! 

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How to draft a Homeworking Policy

Template Homeworking Policy

Following the COVID-19 pandemic, employers adapted by transitioning many employees from office to remote working. Whilst some organisations continue to bring their employees back to the office, or work in a hybrid way, many continue to work 100% remotely as they find it an effectively working model for their business.

For organisations that continue to allow their employees to work from home, a homeworking policy is crucial.

Why do we need a homeworking policy?

Home working, done well, can increase productivity, increase the mental and physical wellbeing of your workforce, and create a greater sense of work/life balance. 

Having a homeworking policy in place will enable you to provide your remote workers with clear guidance regarding important aspects of employment and business including health and safety, data protection, costs and insurance.

What should a homeworking policy include?

You may want to include some, or all, of the following in your Homeworking Policy.

Skills and attributes

Carefully consider the skills and competencies you expect your employees to have to work from home effectively.

For example, you will probably require them to have good organisation skills, to be able to work without direct supervision, and to plan their work effectively. Detail this in your policy so that your expectations are clear when employees are considering making a request to work at home.

Working hours

Be clear about how working hours will be affected by homeworking. Will you have set or core working hours? Will there be some flexibility homeworkers’ working hours? How will you monitor working hours?

Rest breaks

Consider for rest breaks and how these will be managed. It is useful in your policy to refer to the Working Time Regulations 1998 and be clear that employees must take breaks in line with this legislation.

Visits to company premises and to the employee’s home

Consider the purpose of the visits, and how frequently these will be arranged. Stipulate in your policy your requirements for office and home visits.

Stationery and equipment

Set out everything that will be provided by the organisation and what you expect the employee to provide. For example, you may provide computer equipment and a phone, whilst requiring the employee to have their own office furniture.

Internet and telephone connectivity costs

Set out in your policy who will pay for these and if/how the business will contribute to the costs incurred.

Data security

Specifiy in your policy the steps you require home workers to take in order to protect the data of your employees, customers and other stakeholders.

Health and safety

Consider the health and safety of your employees and and how they may be impacted by homeworking.

Insurance, mortage and rental agreements

Be clear in your policy about how you expect employees to deal with their insurance, mortgage and/or rental agreements if they are working from home.

Requests for homeworking

Set out clearly in your homeworking policy how employees should ask to work from home as part of a flexible working request.

The right to request flexible working

Once an employee has completed 26 weeks service with your organisation they have a right to submit a flexible working request (although it is expected to become a day one right for employees in the coming months) and you have a legal obligation to consider the request.

For the purpose of this article, flexible working may be an employee requesting to work from home on a permanent basis, temporary basis or on selected days.

There are many benefits of flexible working for employees as well as for employers, but you need to consider the request against the needs of the business, as well as how it might impact other staff.

If you have a flexible working request and you are unsure whether you can accommodate it you should consider the following.

• Will it add additional costs to the business?
• Will it have a detrimental impact on performance, quality or the service that you offer?
• Will it require re-organising day to day amongst the staff?
• Is there sufficient work for the employee during the hours they will be at home?

Risk Assessments

Health and safety isn’t just in the workplace, it’s at home too. As an employer you have a duty of care to your homeworking employees and the HSE advises that as an employer you must consider the following:

• How will you keep in touch with them?
• What work activity will they be doing and for how long?
• Can it be done safely?
• Do you need to out control measures in place to protect them?

If an employee will be working from home on a long term basis then it is recommended that you complete a workstation assessment .

Communicating with homeworkers

Many employers are quite used to communicating with their employees using electronic devices, via platforms such as MS Teams and Zoom. However, if you are struggling to keep in contact then we recommend the following.

• Consider scheduling a video conference meeting on a weekly basis.
• Arrange regular team meetings and one-to-one check-ins to keep your remote worker engaged.
• Share updates on the company regularly – perhaps through a weekly newsletter

Download our Template Homeworking Policy below to give you a head start on drafting your home working policy.

What can we do to help?

If you would like advice on the implementation of a homeworking policy, please contact our team on 0330 223 5253 or [email protected] . We would be delighted to help you.

We hope you found this guide useful. You may also find the resources below helpful:

Further resources and guides

• How to manage remote teams
• A guide to remote onboarding

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Working from home policy Template

Allowing employees to work from home has become increasingly important. This working from home policy template outlines the essential rules and arrangements for employees to efficiently perform their work duties from home.

Download this free customisable template and deliver an effective working from home policy for your team faster.

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Arrangements - Home and hybrid working policies

• Creating or updating policies
• Treating staff fairly

Arrangements

• How to structure a policy

You could have different arrangements depending on the role and the needs of your employees. Discuss with them:

• which roles can and cannot be done from home
• who may or may not want to work from home
• any concerns and how best to handle them

Think about how employment contracts might be affected and consult with your employees and their representatives.

Considering employees

Discuss your employee's needs, and consider how you can support them.

For example, consider:

• any reasonable adjustments
• their home working environment
• any caring responsibilities
• other flexible working needs

Avoid generalising or making assumptions.

Considering roles

Think about whether work could be done remotely or if it needs to be done in the workplace. For example:

• if technology could help
• how teams communicate
• if there are any concerns about health and safety, and how to address them
• why a task needs to be carried out in the workplace

Think about how important it is for work to be done at a specific time. For example:

• if there are core times that employees need to work together
• how often should teams meet in person
• if a client or stakeholder expects meetings or work to be done at specific times
• how you manage the maximum number of hours an employee can work
• how you encourage employees to take rest breaks

Find out more about:

• the maximum hours an employee can work
• rest breaks

Considering practicalities

As you consider where and when work could be done, you should think about how that affects other practical issues – and ensure you cover these in your policy.

If you like, you can tell us more about what was useful on this page. We cannot reply – so do not include any personal details, for example your email address or phone number. If you have any questions about your individual circumstances, you can contact the Acas helpline .

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The Carer's Leave Act

What new rights will this give me as a carer  .

The Carer's Leave Act has opened up many more possibilities for carers who are employed. These  changes came into effect on the 6 April 2024.

• The Carer's Leave Act covers employees in England, Wales and Scotland.  
• Employees are entitled to one week’s unpaid leave per year if providing or arranging care for someone with a long-term care need.  
• This leave can be taken flexibly (in half or full days) for planned and foreseen caring commitments.  
• It is available from the first day of employment.  
• It provides the same employment protections to employees as other forms of family-related leave, including protection from dismissal.  

Questions and answers

Before approaching your employer, you may wish to seek some clarity on the facts about the new law. To help you find the information you're looking for, we have broken these down into three sections: 1/ The basics, 2/ Timings and 3/ Other concerns.

1/ The basics

Who can take carer's leave?

Any employee who is providing or arranging care for someone with a long-term care need is entitled to take this leave.

This includes if you are caring for someone with a physical or mental illness or injury, a disability, or care needs because of their old age. The person you are caring for may be a family member or someone else who relies on you for care.  

The right to take carer’s leave is available from the first day of your employment and applies to full-time and part-time employees.  

When did this become law?

The Carer’s Leave Act will became law on 6 April 2024.

Carers UK has led the campaign for the introduction of carer’s leave for decades and we’re delighted to see it has now become law. Find out more in our campaigns section .

What can carer's leave be used for?

The Carer’s Leave Act introduces a new entitlement to leave for employees who are ‘providing or arranging care’ for someone with a long-term care need  

The law doesn’t state what type of care this includes but it is intended to cover a range of caring situations. These could include things like taking someone to a medical appointment, supporting someone with personal care, arranging visits with health professionals or organising care for the future.   

Do I have to show my employer proof that I’m a carer?

The law also states that an employer can’t require an employee to supply evidence that they are caring so it is up to you to identify that you are caring and are requesting the leave.  

How do I request carer's leave?

You can take carer's leave in half or full days, up to and including a block of a whole week of leave at once. You can take up to one week of carer’s leave a year (ie within a 12 month period).  

This leave is intended for planned and foreseen caring commitments. If the situation is urgent, employees have the legal right to take a reasonable amount of time off work to deal with an emergency involving someone who relies on them for help (as a dependant). Information about time off for emergencies is here: Taking time off when needed | Carers UK  

You should also confirm to your employer: 

• that you are requesting carer’s leave (to provide or arrange care for a dependant with a long-term care need) and 
• the specific days (or half days) you require for the leave. Your notice does not have to be in writing, but you will need to provide this information to your employer.  

How much notice do I need to give my employer?

Under the new Act, you should give your employer notice of carer’s leave: 

• at least three days in advance if you are requesting a half day, or single day, of leave 
• at least twice as many days as your requested leave period if you are applying for two or more consecutive days’ leave. (For example, if your request is for two days leave, you will need to give four days’ notice). 

2/ The timings

How much time can you take?

The law gives carers who are balancing unpaid care with paid employment the legal right to five days of unpaid carer’s leave. 

What is meant by 'a week' of carer's leave?

Under the Carer’s Leave Act, the amount of time that an employee can request is up to one working week within a 12 month period. 

A week is defined by your contract with your employer: 

• If you are a full-time employee, this will normally be five days. 
• If you are a part-time employee, this will be your contracted hours rounded up to the nearest half day.
• If you are on a variable week-to-week contract, this will be how many hours you have worked for your employer (up to 1 year) divided by the number of weeks you have worked for your employer (rounded up to the nearest half day and up to a maximum of 5 days). 
• If you want to take carer’s leave in your first week of employment, your employer should calculate this by using the amount you are expected to work in a week as the amount of leave you can take. (For example, if your normal working week will be five days, your entitlement to carer’s leave will be five days within a 12 month period). 

Am I entitled to more carer’s leave if I am caring for more than one person?

One week per year is the maximum leave that employees are entitled to under the Carer’s Leave Act, regardless of how many dependants they may be supporting (who have a long-term care need). For example, if you need to care for more than one person, you cannot take a week of carer’s leave for each dependant.  However, you can use your entitlement to a week’s carer’s leave on more than one dependant (eg three days to care for one person and two days to care for another).  

However, some employers already offer carer’s leave beyond the new legal minimum so also check what your workplace provides.  

3/ Other concerns

Can my carer's leave request be rejected?

Your employer can postpone your request for carer’s leave (to provide or arrange care for a dependant with a long-term care need) but cannot reject it.   

Your employer can only postpone your requested period of leave if they ‘reasonably consider that the operation of their business would be unduly disrupted’ if the leave was approved. If your employer believes this is the case, then they must:  

• agree to permit you to take a period of carer’s leave of the same duration   
• consult you and confirm a new date on which the leave can be taken within one month of the original date you requested  
• give you notice in writing of the postponement with the reasons for this and the agreed date when you can take the leave. This notice must be given to you within seven days of your original request (and before the requested start date of the leave if you made your request with less than seven days’ notice).

Could my job be affected by taking carer’s leave?

No, as with other forms of family leave, the Carer’s Leave Act gives you rights and protections to enable you to take carer’s leave. These include the following:   

• right to the terms and conditions of employment that would have applied if you had not been on carer’s leave (eg holidays, pensions and other benefits)  
• right to return to your job with your seniority, pension and similar rights as before taking leave   
• right not to be subjected to any detriment because you took (or sought to take) carer’s leave. (For example, your employer should not change your role or duties  without consulting you)   
• protection from unfair dismissal (and redundancy) if this is related to you taking carer’s leave.   

Find out more about employees’ rights when on leave on the GOV.UK website    

If you think you have been discriminated against for taking carer’s leave, you should immediately contact your Human Resources team or get in contact with a union or other staff representative. You could also contact ACAS for support and advice or Citizens Advice .

Does carer's leave have to be unpaid?

Under the Carer’s Leave Act you only have the right to take unpaid carer’s leave. However:  

• Some employers offer some days of paid leave for caring so it is worth checking whether your employer provides this. For example, paid leave is sometimes offered in a contract of employment or allowed at the discretion of the line manager. Check with your manager or human resources department to see if this may be available.  
• Your employer may also offer flexible working arrangements that could help on an occasional, informal basis. For example, this could be a small adjustment in your working hours on a one-off basis, or allowing you to work from home for part of the day or week. Again, check with your manager or human resources department about this.   

If your employer does offer paid leave - but for less than five days - you are still entitled to take up to a week’s carer’s leave a year if you are supporting someone with a long-term care need. For example, if your employer offers three days of paid leave, you could take a minimum of another two days unpaid.  

NB: If your employer already offers a week or more of carer’s leave in your contract (that covers planned and foreseen caring commitments), the new law will not affect this. However, some employers may decide to increase their leave provision following the new Act by allowing an additional five days’ unpaid carer’s leave on top of what they already offer.    

Flexible working videos

One   carer, Ally,  describe s   working flexibly  as a ‘win-win situation’ for both  the  employer and for  the employee .   Carers   Jane, Ally and Niki   all  describe their experiences  in our videos series. 

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• Entering and staying in the UK
• Refugees, asylum and human rights

Rwanda Bill to become law in major illegal migration milestone

Final phase of implementing the flagship policy to commence, marking a crucial step in the global response to illegal migration.

UK government efforts to stop the boats and tackle illegal migration took a major step forward, after the Safety of Rwanda Bill completed its passage through Parliament overnight, Monday 22 April.  

The Bill’s passing means the government can enter the final phase of operational planning to get flights off the ground to Rwanda, pioneering a new response to the global challenge of illegal migration.  

Robust operational plans are in place to ensure a first flight to Rwanda can be delivered within 10-12 weeks, with multiple flights set to take off after this.  

The landmark legislation means that going forward, Rwanda should be deemed a safe country for the purposes of relocating people, including in UK courts and tribunals.   

It will prevent legal challenges from being used to delay or halt a person’s removal to Rwanda on the grounds that Rwanda is generally unsafe, or that an individual will be returned to an unsafe country after removal to Rwanda – an act known as refoulement.    

The Bill makes it unambiguously clear that UK Parliament is sovereign, and the validity of any Act of Parliament is unaffected by international law. Ministers will be able to retain the decision on whether to comply with interim measures from the European Court of Human Rights, for example, a Rule 39 injunction.   

Home Secretary James Cleverly said:    

This vital legislation means we can now proceed with our Rwanda plan and begin removing people with no right to be here.    The only way to stop the boats is to eliminate the incentive to come – by making clear that if you are here illegally, you will not be allowed to stay.    Our policy does exactly that and plans are well under way to begin flights within 10-12 weeks.

Prime Minister Rishi Sunak said:

The passing of this landmark legislation is not just a step forward but a fundamental change in the global equation on migration. We introduced the Rwanda Bill to deter vulnerable migrants from making perilous crossings and break the business model of the criminal gangs who exploit them. The passing of this legislation will allow us to do that and make it very clear that if you come here illegally, you will not be able to stay. Our focus is to now get flights off the ground, and I am clear that nothing will stand in our way of doing that and saving lives.

The government is ready to deliver a first relocation flight and teams are working at pace to prepare. This includes: 

• an airfield on standby and commercial charter planes booked for specific slots
• detention spaces increased to 2,200
• 200 trained dedicated caseworkers are ready and waiting to quickly process claims
• the judiciary have made available 25 courtrooms to deal with any legal cases quickly and decisively
• to escort illegal migrants all the way to Rwanda, we have 500 highly trained individuals ready, with 300 more trained in the coming weeks.

Responding to the concerns raised by the Supreme Court, the Safety of Rwanda Bill was introduced in December last year and builds upon the UK-Rwanda Treaty.  

Together, these measures and evidence of changes in Rwanda since summer 2022, will allow government to implement the policy, supporting the wider plan to stop the boats by removing the incentive to come here illegally.   

The new law, which is one of the toughest pieces of legislation ever introduced, builds upon the Treaty, reflecting the strength of the Government of Rwanda’s protections and commitments relocated to Rwanda in accordance with the Treaty. It also:   

• confirms that, with the new Treaty, Rwanda is safe
• prevents UK courts and tribunals from delaying or preventing a person’s removal to Rwanda on matters relating only to the general safety of Rwanda
• allows for an exceptionally narrow route to individual challenge to ensure that the courts will interpret the relevant provisions in accordance with the will of Parliament
• disapplies relevant sections of the Human Rights Act 1998
• confirms that only a Minister of the Crown can decide whether to comply with an interim measure issued by the European Court of Human Rights.

In November 2023, the Supreme Court upheld the lawfulness of resettling illegal migrants for the purposes of determining their asylum claims, but required more assurance that they would not be refouled.   

The internationally binding Treaty between Rwanda and the UK was announced by the Government in response to this finding and introduces measures to make clear Rwanda will not return anyone to an unsafe country.   

Under the Treaty, Rwanda has also introduced a strengthened end-to-end asylum system, including a new, specialist asylum appeals tribunal to consider individual appeals against any refused claims. It will have two co-presidents, from Rwanda and from another Commonwealth country, and be made up of judges from a mix of nations. 

The Treaty also enhances the role of the independent Monitoring Committee, which will ensure adherence to obligations under the Treaty and have the power to set its own priority areas for monitoring.   

But this significant step forward remains just one part of the government’s wider plan to stop the boats. Solid progress has been made, with the number of small boat arrivals falling by more than a third in 2023. Our work with international partners prevented more than 26,000 crossings last year, as well as helping to dismantle 82 organised crime groups since July 2020.   

Our new agreement with Albania has cut Albanian small boat arrivals by more than 90 per cent; and we recently signed a ground-breaking deal with Frontex, the European Border and Coast Guard Agency, marking another crucial step in securing our borders.   

The Bill is expected to receive Royal Assent in the coming days.

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