Soundbite

Tribunal decision suggests working from home to supervise tradespeople is acceptable

A recent Employment Tribunal decision (Mr B Wicken v Akita Systems Ltd) has suggested that making the decision to work from home in order to supervise tradespeople is acceptable.

In this case, a former IT director requested to attend a mediation meeting with his employer from home so that he could supervise his gardener. In a follow-up meeting, his employer expressed that it regarded the employee’s decision to prioritise the work on his garden over attending an in-person meeting as a lack of commitment on the employee’s part and a demonstration that he was not taking the process seriously. This incident contributed to a broader dispute which ultimately led to the employee’s resignation.

The tribunal found that the employee’s decision to attend the meeting from home to supervise his gardener did not constitute ‘culpable or blameworthy’ conduct and that the way in which the employer handled this case and conducted its internal investigation process contributed to the finding that the employee’s resignation amounted to unfair dismissal.

This case highlights the growing recognition of the legitimacy of remote working arrangements and the importance of following a fair procedure in workplace investigations.

If you need assistance with drafting remote working policies, dealing with flexible working requests, or conducting disciplinary and capability procedures, please get in touch with a member of the team.