Remote Work Agreement - Template, Sample Form Online Pro · UK-law

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Company registration number: ________

PRIVATE & CONFIDENTIAL

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Dear ________,

RE: Variation of Contract of Employment – Remote (Home) Working Arrangement

The written statement of particulars of employment (your Contract of Employment) dated: ________

Between: ________ (the Employer) and ________ (the Employee)

regarding your position of: ________ (the Role)

Further to our recent discussions and your formal application to work remotely dated ________, this letter is sent to confirm the agreed variation to your terms and conditions of employment in respect of your place of work. This letter, once signed by both parties, takes effect as a written statement of change to your particulars of employment in accordance with section 4 of the Employment Rights Act 1996.

REMOTE WORK AGREEMENT

1. Your Contract of Employment

Your “Place of Work” is defined within your Contract of Employment. The relevant provisions are set out below for your ease of reference:

(I). The relevant clause of your Contract of Employment which addresses your place of work is: ________.

(II). For the avoidance of doubt, your Contract of Employment, as described at paragraph 1(I) above, states that your normal Place of Work is: ________ (your Original Place of Work).

Your new remote working pattern constitutes a variation to your Contract of Employment. This letter confirms the express changes to your contract which have now been agreed between us.

2. Place of Work

The agreed changes to your Place of Work are as follows:

(I). It is agreed that your normal Place of Work shall now be your home address of:

________

(II). You shall also be required to attend other specified locations (which may include your Original Place of Work) at the Employer’s reasonable request as may be required for the proper performance of the Role. The Employer shall give you reasonable notice of any such requirement wherever practicable.

3. Commencement

The change to your Place of Work commenced (or shall commence) on: ________ (the Commencement Date).

4. Trial Period

This Remote Work Agreement is subject to a trial period, the details of which are set out below:

(I). The first ________ month(s) following the Commencement Date shall constitute the trial period (the Trial Period).

(II). The Remote Work Agreement may be terminated during the Trial Period in the event that it is considered by the Employer no longer to be appropriate, in which case you will be required to return to your Original Place of Work as defined in your Contract of Employment. You will be given ________ week(s)’ notice in writing of any such termination during the Trial Period.

(III). At the conclusion of the Trial Period you shall be informed of the outcome in writing. This may include, but is not limited to, any one of the following:

(a). confirmation that the Remote Work Agreement shall continue for the remainder of your employment; or

(b). a further extension to the Trial Period; or

(c). termination of the Remote Work Agreement (and a return to your Original Place of Work as defined in your Contract of Employment).

(IV). The success of the Trial Period will be reviewed by:

________

(V). Any appeal against the decision made in respect of the Trial Period must be made in writing within ________ week(s) of the decision. Any such appeal should be made to: ________.

5. Employer’s Right to Terminate after the Trial Period

The Employer reserves the right to terminate the Remote Work Agreement at any time after the Trial Period should the arrangement no longer be deemed suitable and in line with the needs of the business. In this event, you shall receive ________ week(s)’ notice in writing of a return to your Original Place of Work as set out in your Contract of Employment. Any such decision shall be exercised reasonably and following appropriate consultation with you.

The Employer shall also properly consider any written request made by you to revert to your Original Place of Work.

6. Future Requests for Flexible Working

Your application has been dealt with as a statutory flexible working request under the Employment Rights Act 1996 (as amended by the Employment Relations (Flexible Working) Act 2023) and the Flexible Working Regulations 2014. Please note that, under the statutory scheme, you may make up to two statutory requests for flexible working in any twelve-month period, and you will not be permitted to make a further statutory request for flexible working before ________.

7. Change to Your Home Address

You must notify us in writing as soon as is reasonably practicable of any change to your home address, as this may affect the operation of this Remote Work Agreement.

8. Hours of Work, Communication and Reporting

While working remotely you shall continue to work your normal hours of work during the timeframe specified in your Contract of Employment, and the Working Time Regulations 1998 shall continue to apply. You must:

(I). Remain contactable wherever possible during these hours in the following manner:

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(II). Ensure that you take your allocated rest breaks at the correct times whilst working remotely.

9. Equipment

You shall be provided with the following additional equipment to enable you to undertake your duties under the Remote Work Agreement:

(I). Inventory of equipment:

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(II). All such equipment shall remain the property of the Employer at all times. You agree to take reasonable care of the equipment and to use it only for the purposes of your employment.

(III). You agree to report any loss, damage or theft of the above equipment without delay.

(IV). All equipment listed above shall be returned to the Employer at the conclusion of your employment or on the earlier termination of this Remote Work Agreement, upon request.

10. Expenses and Insurance

The responsibility for insurance and for the payment of expenses during the Remote Work Agreement is agreed as follows:

(I). The Employer confirms that its employer’s liability insurance maintained pursuant to the Employer’s Liability (Compulsory Insurance) Act 1969 shall extend to cover the Employee whilst working under the Remote Work Agreement.

(II). The Employee shall be responsible, where required, for notifying their household contents insurer and (where applicable) their landlord or mortgage provider of the home working arrangement, and for taking out or maintaining proper insurance in respect of the following:

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(III). It is agreed that the Employer shall be responsible for the reimbursement of reasonable expenses properly incurred for the duration of any remote work undertaken by you. Such reasonable expenses are defined as follows:

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11. Policies, Confidentiality and Data Protection

You agree to read and comply with the following policies, which are specifically relevant to the Remote Work Agreement:

(I). Our Remote Working Policy, which provides details of how remote working shall be managed and the standards required of you whilst working remotely.

(II). You shall maintain the security and confidentiality of all confidential information and personal data, and shall comply with the UK General Data Protection Regulation, the Data Protection Act 2018 and the Employer’s data protection and information security policies at all times, including:

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(III). Any other new or updated policies which may be issued to employees from time to time during the course of the Remote Work Agreement.

12. Health and Safety

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You agree to co-operate with the Employer in carrying out any risk assessment of your home working environment, and to comply with any reasonable measures identified to ensure a safe place and system of work. You must report any work-related accidents, injuries or hazards to the Employer without delay.

13. Changes to your Contract of Employment

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14. Governing Law and Jurisdiction

This Agreement and your Contract of Employment, and any dispute or claim arising out of or in connection with them, shall be governed by and construed in accordance with the law of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.

15. Action Required

Please find enclosed herewith an additional copy of this letter which has been signed by ________. Please retain one copy for your records. Please sign and date the other copy at the relevant space provided below and return it to ________ at the address provided at the top of this letter. It is requested that you do so as soon as possible in order to confirm your agreement to the above variations to your Contract of Employment.

You should be advised that your signature to this Agreement constitutes a legally binding agreement and you may therefore wish to seek independent legal advice before signing.

________ looks forward to receiving your response to this letter as soon as possible.


Yours sincerely,

________

Position: ________

for and on behalf of:

________

EMPLOYEE’S AGREEMENT TO A VARIATION OF TERMS TO THE CONTRACT OF EMPLOYMENT

I, ________, hereby accept and agree to the above variation of terms to my Contract of Employment dated ________ as set out within this letter. I understand that my Contract of Employment shall be varied forthwith and that this variation constitutes a legally binding agreement. I confirm that I have been given the opportunity to seek independent legal advice in respect of this variation.

Signed: _________________________

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Dated: __________________________

EMPLOYER’S SIGNATURE

Signed: _________________________

________

Position: ________

FOR AND ON BEHALF OF:

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Dated: __________________________