18 June 2021

The recent pandemic has resulted in many office-based employees working from home. At the outset, there was significant disruption as many businesses found themselves facing challenging times as they required to change their way of working. Over a year down the line, however, many office-based employees continue to work from home, they have adapted well to this new way of working and have embraced the benefits it can offer.

Going forward, it is highly likely that many office-based employees will wish to continue to work flexibly, seeking to work from home a few days in the week, as well as working a few days in the office, in the hope of getting the best of both worlds.

Working from home, however, has its own risk management issues and appropriate measures require to be put in place in order to allow businesses to continue delivering at the level expected without complaints being received or claims intimated.

The main aspects this article will cover are:

1. The importance of file notes;
2. Considering security in video calls;
3. Lack of access to confidential paper disposal;
4. Supervision from a distance; and
5. The importance of taking breaks.

File Notes

It is easy, whilst working from home, to forget how important it is to record telephone calls and video calls. Given this new way of virtual working, telephone calls and video calls are taking place more frequently. It is so important to make sure a note of every telephone call and video call is saved on your file to record what was said. Many professions will time record and, where the facility exists, the time entry should be saved as a file note. Additionally, or alternatively, an email could be sent, following up the call, recording what was said during the call and the email saved to the file.

In the case of video (as opposed to telephone) calls, it can be difficult to jot down notes of the call as it happens, without looking away from other participants and appearing rude or disengaged. It often, therefore, makes sense to have a colleague join the call to take notes, particularly for a long discussion covering numerous issues.

Video Calls

It is obvious that video calls are not as secure as having a face to face to meeting but, during these times, they have become an essential way of communicating with colleagues, clients and other parties. Parties to video calls should ensure they are satisfied with the security of the video conferencing platform that they are using and they should not accept invitations from platforms with which they are not comfortable.

In addition, it is easy for video calls (and telephone calls) to be overheard whilst working from home, whether by a family member or flatmate in the same home, or by a neighbour out in the garden, or through the wall. All calls should be kept confidential and steps should be taken to ensure that no one is able to overhear the content of the call.

Lack of Access to Confidential Paper Disposal

Many employees working from home will not have access to confidential paper disposal and that may result in documents which are no longer required, some of which may be confidential, being put in the waste bin or recycling. This is not sufficient and any confidential documents must be disposed of appropriately. It would be sensible to set aside any such documents and return them to the office for confidential disposal or shredding.

Supervision

It is necessary for any employees who carry out a supervisory function to maintain structured contact with the colleagues they supervise. Simply because employees are working from home does not mean that adequate supervision or mentoring cannot still be carried out. Although remote working does not give the same oversight, regular conversations should allow for the appropriate level of support to be provided, particularly with more junior members of staff who still require guidance, but may be reticent about constantly interrupting more senior colleagues with questions. A scheduled meeting every so often provides an opportunity to run through a number of matters and queries in one go. Regular, face to face, online meetings are also important for the morale of all employees and to ensure that they are carrying out their role to the correct standard.

Taking Breaks

It is easier said than done, but employees who are working from home require to ensure that breaks are scheduled into their day. Whist working remotely, there are not as many occasions to step away from your desk, such as meetings or consultations with colleagues and clients, and so it is essential to give yourself a break away from your desk and your screen at least after every couple of hours.

In addition, as your desk is now at home, it is important to set boundaries, to have as structured a day as possible and to remember to step away from your desk and shut down your computer at the end of each working day.

Conclusion

It needs to be borne in mind that, although you are working from home, the same rules and requirements apply as if we were in the office.

It is important that the same professional obligations and risk management considerations are kept in mind and, if anything, further steps are taken to ensure all employees are carrying out their roles satisfactorily.

Gillian Harman, Associate: gah@bto.co.uk / 0141 221 8012

EMPLOYMENT LAW MATTERS:
Caroline Carr, Partner & Accredited Specialist in Employment Law: cac@bto.co.uk / 0141 221 8012

HEALTH & SAFETY, REGULATORY & CRIMINAL DEFENCE:

Vikki Watt, Partner & Solicitor Advocate: vwa@bto.co.uk / 0141 221 8012