HRD talks to a lawyer on why HR should rethink remote working
During COVID-19, many employers and employees experimented with working from home for the first time.
Research indicates that for the vast majority of New Zealanders, the experience has been an overwhelmingly positive one.
According to a study by the University of Otago, 73% of people said they were “equally or more productive” when working from home, while 89% wanted to continue post-lockdown, at least part-time.
In fact, many New Zealanders have reported feeling anxious about the end of lockdown and the return to traditional forms of work. They cited long, expensive commutes, less time with families, and noisy, open-plan offices.
So, if remote working is set to continue for at least the foreseeable future, what should HR do to assist employees while WFH?
For James Warren, partner at Dentons Kensington Swan, it’s important to look at how employers can apply the traditional model of work to remote working.
“This is bearing in mind all the same sorts of duties and obligations still apply, but possibly the way we need to manage them looks a bit different when it’s remote working and virtual,” said Warren.
“The result is that some of the problems which are usually confined to the office are larger or smaller because that.”
This includes issues such as how to handle confidential information, whereby employees may be talking to workers from other firms.
Read more: Employer fined for failing to control safety risks
“How do you ensure they are not overhearing confidential conversations relating to other firms? How do you preserve client confidentiality when people might be looking behind the screen of your partner and see something which they shouldn’t?”
Warren said these are significant and real issues and comes back to whether the employer has enabled the mechanisms to ensure people have an appropriate work environment.
“All the same policies around health and safety requirements still apply,” added Warren.
“Often when people consider WFH and health and safety they are thinking about having a proper desk, whether the monitor is at the right height - those sorts of ergonomic questions.
“However, in addition to that, all the normal employer obligations in relation to ensuring a healthy and safe workplace environment must continue.”
According to the Health & Safety at Work Act 2015, a business must ensure the health and safety of their employees at work – this includes working from home.
For example, employees should be advised to make working at a desk a priority and avoid working on couches or the kitchen bench.
It’s important to consider things like keeping floor surfaces in good condition, so people don’t slip or trip. Is there adequate ventilation? Are filing cabinets and shelves secure so they won’t fall over?
Warren added that employers also need to be thinking about having appropriate policies in place to ensure staff interact with each other in the right way.
Read more: Health and safety failures see company penalised
“There needs to be a system in place which ensures that people who feel threatened or in need of support can get it. It must still be able to work in the context of remote working,” said Warren.
“These policies talk about the ability to approach certain people in the workplace. If you have a concern, people still need to be available. People need to know who they are how to contact them while working from home.”
The other risk here is that many employees will be feeling they are in quite a precarious position because of the economic uncertainty, the insecurity about their future employment, and what will happen in terms of restructuring or redundancy.
“That always makes for a vulnerable situation where I guess there is a risk that unscrupulous managers or colleagues could take advantage. There is additional need for care in that as well.”
