Can employees be required to work from home if the transport system is disrupted?
Clearly, there are some jobs that it is not possible to perform away from the workplace. Where working from home is a possibility, unless a requirement to do so is provided for in the employment contract, or agreed with employees, imposing this change will constitute a unilateral variation of the contract potentially giving rise to claims for constructive dismissal. While consultation with employees before any changes are made is the safest course of action, this may not be possible if there are time constraints. Therefore, employers should consult in advance about the possibility of homeworking if transport disruption makes it difficult for them to travel to work. Employers should also consider the health and safety aspects of remote working, safeguarding business confidentiality and data protection requirements.