For many employees, working away from home is a necessary part of their role. Whether it involves temporary relocation, long-distance travel or overnight stays, working away from one's normal place of employment can raise several legal and contractual questions.
At Stephensons Solicitors LLP, we understand the complexities that can arise and are here to provide clarity on your rights and entitlements when working away from home.
Understanding your employment contract
The starting point for determining your rights when working away from home is your employment contract. This legally binding document should outline the terms and conditions of your employment, including your normal place of work, hours of work, and any provisions regarding mobility or travel requirements. Some contracts contain a ‘mobility clause’ which allows the employer to require you to work at different locations. However, any such clause must be exercised reasonably, and employees cannot be expected to make significant changes to their working arrangements without due consultation or compensation.
If your contract does not explicitly mention working away from home, your employer must seek your agreement before imposing such changes. A failure to consult or gain consent could constitute a breach of contract or even constructive dismissal if the changes significantly alter your working conditions.
Travel time and compensation
When working away from home, travel time often becomes a key issue. Under UK employment law, travel between your home and your regular workplace is generally not counted as working time. However, where you are required to travel to a different location or client site that is not your usual place of work, this may be deemed as working time under the Working Time Regulations 1998.
Employees may be entitled to compensation for this travel time, either through pay or time off in lieu. This is particularly relevant for mobile workers or those without a fixed workplace, where travel forms an integral part of the job. It is important to examine both your contract and the nature of your role when assessing your entitlement to compensation for travel time.
Overnight stays and subsistence allowances
If your job requires you to stay overnight at a location away from home, you may be entitled to expenses or allowances to cover costs such as accommodation, meals, and other incidentals. While there is no automatic statutory right to such payments, many employers offer a subsistence allowance as part of a travel or expense policy. These policies should be applied fairly and consistently, and any restrictions or caps on expenses must be reasonable.
It is advisable to retain all receipts and follow your employer’s expense claim procedures closely. If you are unsure whether the policy is being applied correctly, or if you are being denied legitimate expenses, legal advice may be beneficial.
Health and safety considerations
Employers have a legal duty of care to ensure the health, safety and welfare of their employees, regardless of where they are working. This obligation extends to employees working away from home, including when they are required to stay in unfamiliar locations or travel alone. Suitable risk assessments should be carried out, and appropriate measures taken to ensure your safety during travel and while staying away from your primary workplace.
Should an employee suffer injury or ill-health as a result of poorly managed travel or accommodation arrangements, the employer could be held liable. If you believe your safety was compromised while working away from home, it is important to seek legal advice promptly.
Rest periods and working hours
The Working Time Regulations stipulate that employees are entitled to adequate rest breaks, daily rest and weekly rest periods. When working away from home, these entitlements remain in effect and must not be overlooked. For example, if an employee is required to attend meetings during the day and travel during the evening, the total hours worked may exceed legal limits unless adequate compensatory rest is provided.
Employers must ensure that they are not breaching the 48-hour average weekly working time limit unless the employee has formally opted out. Additionally, where overnight stays involve unsociable hours or on-call responsibility, such factors must be considered when calculating working time and associated pay.
Right to refuse unreasonable changes
Employees are not required to accept unreasonable or discriminatory changes to their working arrangements. If an employer suddenly requires frequent travel or prolonged stays away from home without consultation, this could be a breach of the implied term of mutual trust and confidence. Employees with dependants or caring responsibilities may also be disproportionately affected, and such changes may give rise to claims under the Equality Act 2010 if they result in indirect discrimination.
If you are facing pressure to work away from home against your wishes, it is important to understand your legal rights. Legal challenges may include breach of contract, unfair dismissal or discrimination, depending on the circumstances.
Impact on family life and caring responsibilities
For employees with young children, elderly relatives or other dependants, working away from home can have a significant impact on family life. Employers are legally required to consider flexible working requests, and it may be possible to challenge a requirement to work away from home if it significantly disrupts your ability to provide care. In such cases, your rights under family-friendly legislation, including the right to make a flexible working request or take emergency leave for dependants, may come into play.
Employers must also consider whether their demands could be indirectly discriminatory on the grounds of sex, age, or disability. Employees who believe they are being treated unfairly due to their caring responsibilities should seek legal advice to understand the potential for redress.
Tax implications of working away from home
There may be tax implications associated with working away from home, particularly where expenses are reimbursed or allowances are paid. HMRC provides rules on what can be claimed as tax-free expenses, and employers must comply with these regulations to avoid liability. If employees are reimbursed without a valid matching expense, or if allowances are considered excessive, there may be tax consequences for both parties.
It is also worth noting that prolonged working away from home (particularly over 24 months) may affect the tax status of expenses. Legal or tax advice may be needed to ensure compliance and avoid unexpected tax liabilities.
Resolving disputes related to working away
If disagreements arise between you and your employer regarding working away from home, it is usually advisable to try to resolve them informally first. If this is unsuccessful, you may wish to follow your employer’s internal grievance procedure. Legal advice can be helpful in drafting a grievance letter or preparing for a formal meeting.
Where informal resolution or internal procedures are unsuccessful, an employment tribunal claim may be necessary. Depending on the issue, claims may include breach of contract, unlawful deduction from wages, discrimination or unfair dismissal. Strict time limits apply, typically three months less one day from the date of the incident, so it is important to act promptly.
How Stephensons can help
At Stephensons, our experienced employment law solicitors offer expert advice on all aspects of working away from home. Whether you are unsure about your entitlements, facing an unreasonable request, or seeking redress for a breach of your rights, we can guide you through the legal process with clarity and confidence. We represent employees across the UK in a wide range of employment matters and are known for our practical and tailored legal support.
Get in touch
If you are concerned about your employee rights while working away from home please complete our enquiry form and a member of the team will contact you to discuss your situation.
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