For October 2022, we have asked the employment team at Tughans’ Solicitors to provide practical answers to unusual, sensitive or complex work-related queries. We call this feature “how do I handle it?”

The articles are aimed at HR professionals and other managers who may need to deal, from time to time, with the less commonplace disputes at work; issues that may, if handled incorrectly, lead to claims of discrimination, constructive dismissal or some other serious difficulty.  Emma Doherty from Tughans, answer this this month’s problem:

“Following the pandemic, we are planning to maintain the ‘hybrid working’ model, allowing employees to work three days from home and two in the office. We have received requests for extra equipment to assist employees to work from home. What are our obligations in this respect? How should I handle this?”

Despite scepticism in early 2020, employers believe remote working has worked better than initially anticipated. Many organisations intend to implement the hybrid working arrangement into their business models going forward.

Being able to work long term from home has meant that requests for equipment are becoming commonplace and employers should exercise caution when handling same. There are key considerations, most notably in relation to health and safety issues that employers should consider when opting to follow a hybrid arrangement.

The Health and Safety at Work (Northern Ireland) Order 1978 and the Safety at Work Regulations (NI) 2000, impose duties on employers to take “reasonably practicable” steps to protect the health and safety of their employees. You should be aware that you bear responsibility for safeguarding the health and safety of employees, regardless of whether they are working in the office, or from home. If an employee is working in a hybrid role, their principal places of work may be both their residential address and the office.

You should ensure employees are working in a safe environment and using any equipment safely. Equipment used shall vary depending on the industry, for example, an employee who works in an office, at a desk-based job might request equipment such as an additional monitor, a laptop/desktop riser or an office chair. You should consider the employees workstation in the office in comparison with at home (e.g. does their chair promote good posture?)

It is important to note that you are not obliged to grant every request. Requests will vary in nature, some minor and some more significant. For this reason, I suggest you consider each request individually and act appropriately in accordance with the relevant facts. You should consider the following:

• What is the employee requesting?
• Is the requested equipment necessary to fulfil their duties?
• Is the request reasonable in nature?
• Is there further contextual information that should be considered? (i.e. is the employee suffering from a condition/injury and requires the equipment as support or as a reasonable adjustment?)

You should be aware of the potential risk associated with refusing a request for equipment. In the event the employee is requesting equipment as an aid (in relation to an injury/condition) and you refuse, you could be exposed to a claim for discrimination on grounds of disability. For example, an employee with a physical disability (i.e. a back injury) may make a request for an appropriate chair or an employee with impaired vision may require certain visual enhancements. Overall, I suggest you mitigate any associated risks by ensuring you are entirely aware of the facts.

Firstly, you should consider whether any condition meets the definition of a disability under the Disability Discrimination Act 1995. You should consider obtaining expert medical evidence e.g., occupational health report or GP notes and records for the employee.

In the event a disability is confirmed, medical evidence will disclose the specifics of the employee’s condition and enable you to make the appropriate reasonable adjustments. For example, an employee requesting an office chair, but suffering from a back condition, may require an office chair with enhanced features depending on the type of condition and the severity of same. You should ensure to carry out a risk assessment, as stipulated by The Safety at Work Regulations (NI) 2000. As best practice, any reasonable adjustments should made in a timely manner, without undue delay.

Given that you intend to continue to offer a hybrid working arrangement, I suggest introducing a specific Hybrid Working Policy. Any policy should include:

• How many days the employee will spend in the office and at home.
• A potential trial period, in the event the arrangement is proving to be unsuccessful in meeting the needs of the business.
• Health and safety provisions.
• Equipment and how the employee should make a request for equipment.
• Return of equipment on termination.
• Insurance of any equipment provided.

The presence of a Hybrid Working Policy will be useful when addressing any issues that may arise in relation to this type of working arrangement.