Implications of the UK Equality Law for tele-homeworking: COVID-19 and beyond

Abstract

Purpose The purpose of this study is to examine the practical and legal complexities associated with tele-homeworking in the context of the UK Equality Law. First, the paper provides a background to the recent growth of tele-homeworking as a result of the COVID-19 pandemic, outlining the tenets of the UK Equality Act 2010 and referring to additional legislation pertinent to the ensuing discussion. Second, illustrative case law relevant to the UK Equality Law is put forward to demonstrate the potential challenges that employers and employees might encounter with continued and longer-term tele-homeworking arrangements. Third, the paper outlines implications for employers and human resource managers in terms of policies and practices that might shape the nature of the employment relationship. Design/methodology/approach This study is based on a review of the literature and an examination of UK case law applicable to tele-homeworking, taking into consideration equality, diversity and inclusion concerns in the workplace. Findings Remote working can be beneficial to both employers and employees. However, there are a number of significant concerns surrounding the management of tele-homeworkers in the aftermath of the pandemic that can act as a stimulus for legal disputes around discrimination, infringement of human rights and breach of contract claims. Several policy implications surface from the analysis that relate to equality and fair treatment associated with both current and future work arrangements. Originality/value The paper is significant in offering legal insights into how the UK Equality Law relates to the complexities associated with the management of tele-homeworkers. The study also highlights how return-to-office undertakings might need to consider wider legal issues. COVID-19 and its repercussions have demanded the reorganisation of work, which can give rise to a greater possibility of legal challenges and the study highlights the importance of employers undertaking an evaluation of their equality practices and complying with the legal framework.

Workplace accommodations during the COVID-19 pandemic: A scoping review of the impacts and implications for people with disabilities

“…Seven studies (three secondary analysis [46,48,49], three perspective [43,45,50], one primary research [38]) highlighted how the widespread nature of certain pandemic-related accommodations, such as the shift to remote work, the provision of adaptive technologies to facilitate home-working, and the option of more flexible hours lessened some of the stigma that these accommodations had been associated with prior to the pandemic [38,43,45,46,[48][49][50]. Holland [46], for example, observed that some workers with a disability reported a positive experience of working from home during lockdown because their colleagues were also working remotely.…”

“…Twelve studies (five perspective [45,[50][51][52][53], four secondary analysis [46,48,54,55] and three primary research [38,56,57]) focused on how rapidly workplace accommodations, especially work from home arrangements, were implemented at the onset of the pandemic. Four studies highlighted (drawing from either their own or secondary data) how certain jobs tended to see the swift transition to remote work, particularly management positions and other whitecollar, knowledge-based jobs such as business and finance, education, information technology, and the sciences [38,46,57,58].…”

“…Seventeen studies (10 secondary analysis [28,46,48,49,54,55,58,[60][61][62] and seven perspective [43-45, 47, 50-52]) discussed how workplace accommodations implemented during the pandemic created new conditions and opportunities for accommodations-related advocacy by and for people with disabilities. While the process for obtaining accommodations before the pandemic had often been a long and bureaucratic one [52,63] these studies argued that the pandemic demonstrated that some accommodations can be quickly and easily granted.…”

“…One study explored how the issue of workplace accommodations in the pandemic was framed through a human rights discourse [64]. Some of the studies suggested that the experiences of the pandemic may affect the way that future courts rule on the issue of 'reasonable accommodations' when it comes to remote work [8,48,62] or remote teaching [61]. Rodgers [62] suggests that the pandemic may have also created an opportune moment for advocating for a more collective-oriented approach to home-working accommodations, rather than the individual-based approach underpinning existing labour laws in the UK.…”

Telework: Before and after COVID-19

“…During the pandemic, more than a third of the employees worked from home, with the share of the female being higher than that of men. A recent UK study shows an illustrative case law relevant to the Equality Act, demonstrating that the challenges faced by employees, regardless of gender, are similar when teleworking is applied in the longer term [82].…”