- (a) when the employee is not on leave; and
- (b) if it is reasonably practicable for the employee to perform that work at the employee’s place of residence.
Allowance from work-from-home arrangements
7.—(1) A person who is an employer may permit or require relevant employees to attend at any work premises of the employer to perform work when not on leave provided that the employer takes, so far as is reasonably practicable, such steps as are necessary to ensure that the number of relevant employees permitted or required to attend (or both) at the work premises at any one time is limited to not more than 50% of the person’s relevant employees for those work premises.
(2) In paragraph (1), “relevant employee” means an employee other than an employee who is required to perform work the nature of which necessarily requires or involves the employee—
- (a) to drive, pilot or travel in any motor vehicle, vessel or other mode of conveyance; or
- (b) to be physically present at his or her workplace—
- (i) to operate or use machinery, equipment, plant, materials or other matter, the provision of which under paragraph (1) is impracticable but is required in order to perform that work;
- (ii) to retrieve, access or use documents, information, material or other matter, the provision of which under paragraph (1) is impracticable but is required in order to perform that work; or
- (iii) to perform the work, such as patrolling or guarding another person’s property, crowd control or administering a beauty therapy procedure.
(3) For the purposes of this regulation, where any employer or principal is a sole proprietor or a partnership of individuals, the individual who is the sole proprietor or every partner (as the case may be) must be counted as if he or she were an employee of the sole
