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Hybrid working and childcare

Hi all,

My employer is questioning employees working from home while having children.

A lot of our employees work hybrid, and shifts rotate from normal 9-5 to 12-8 late shifts.

Employer is now trying to push the fact that employees should not work from home with their children, as this brings the “legality” of things. For example, if children are unsupervised they might hurt themselves and employees would sue the company.

I however question this as as far as I am aware it is not illegal to work with children at home as soon as targets are not affected and work performance doesn’t change. It also questions the fact that late shift workers, especially single parents would not be able to use after school clubs and other means of childcare while working. Especially when company promotes itself as family friendly and flexible.

What would be your thoughts on this?

Does the employer have a strong standing or this is just seems as a possible discrimination issue.

Also considering that before this was never an issue and suddenly something that employer puts in question.

The job is mostly customer service oriented with answering calls and emails.

Child age was not brought up or advised, the performance or possible noise was also not brought up, the only issue in question is legality.

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  • In reply to Eugenie:

    I will re-emphasise the point that an employee's justification for wanting to work from home is *completely irrelevant*. They might want to go for a run at lunchtime, or use their commuting time to work on their novel, or just prefer to work in their living room over their office. None of that is relevant and you have no right to know their reasoning (although they're always welcome to offer it).

    The only relevant question is "can you support the request and, if you can't, on the grounds of which of the seven (or eight) legal justifications are you refusing it?"

    The relevance of childcare is that the employer would have the very reasonable assumption that trying to undertake childcare will have a negative impact upon quality and/or performance. That's a completely reasonable conclusion to reach and one that I don't see any tribunal having an issue with.