Working from home has become commonplace across many industries, including the legal sector. At Whitehead Monckton, we embrace a range of flexible working arrangements, with many of our team working on a hybrid basis or fully remotely. We also benefit from having several colleagues based overseas.
Working from home and other flexible arrangements, including employees based abroad, can offer significant benefits for both employers and staff in terms of flexibility, productivity and access to wider talent pools. However, to ensure these arrangements operate effectively, employers need to be aware of the legal considerations they bring, such as:
However, with clear documentation and well-managed practices, businesses can confidently embrace remote working while minimising potential risks and maintaining strong working relationships.
Drawing on our own experience of flexible and remote working, Whitehead Monckton’s Employment team are well placed to support employers in navigating these arrangements. We can help you to clarify your contractual obligations, assess potential risks, and ensure that policies and decisions are applied consistently and effectively in practice.
Employees have the day one right to formally request changes to their hours, times, or location of work. Staff can make up to two flexible working requests in any 12-month period.
Employers are required to process requests fairly and within two months of receiving the request. Employers will only be able to reject a request for one of the following eight permitted business reasons:
Following the passage of the Employment Rights Act 2025, the legal framework is expanding to mandate a stronger ‘reasonableness test’. This is designed to ensure flexible working requests are accepted unless genuinely not feasible.
Where a request is made for flexible working arrangements, such as remote, hybrid, or overseas working, your responsibility as an employer is to consider it carefully, consult where appropriate, and assess the request against the specific business needs and operational requirements of your organisation before making and communicating a reasoned decision.
Whitehead Monckton, with offices in Canterbury, Maidstone, Ramsgate and Tenterden, is one of the largest and most widely known and recommended law firms in the area. We pride ourselves on providing our business and individual clients with London-style service. We’ve also recognised the benefits of flexible working arrangements for our staff and our clients, including being able to retain longstanding staff when they’ve needed to move out of the area.
“Being able to switch to remote working after I relocated with my family has meant that I can continue to work at a firm I have loved and been a part of for many years.” Kirsty
We support a variety of working patterns, including office-based, home working, and hybrid arrangements. These are agreed in line with role requirements, team needs, and client commitments, ensuring flexibility is delivered fairly and consistently.
“One of the things Covid changed was enabling remote working while still being as productive as a fee earner who is primarily office-based.” Andrea
To enable effective remote and hybrid working, we use a range of digital collaboration tools and communication platforms. These ensure that colleagues remain connected, information is shared efficiently, and team collaboration continues seamlessly regardless of location.
“We have a great team, and the Tenterden office feels like a little family. We’re always happy to help each other however we can, and if our secretary is away, our receptionist is always happy to help. The other fee earners and I speak weekly, and if I have any queries or we want to run matters by each other, we are only a phone call away. They also keep me up to date with what’s going on, like staff changes or changes to how things work in the office.”
Delivering the high standard of client service for which we are renowned remains central to our approach. Our systems and processes are designed to ensure that responsiveness, quality of advice, and accessibility are maintained at all times, irrespective of where our teams are working.
“It feels like we’re all working together towards shared goals, and I know they always have my back, so I’m motivated to do the same for them. I don’t have to commute, and I have more energy to dedicate to my job if I’m not juggling travel obligations. Maybe it seems contradictory, but the more freedom and trust my team gives me, the more motivated I am to prove them right to trust me.” Gabriela
We place a strong emphasis on supervision, development, and team cohesion. Regular check-ins, structured supervision, and opportunities for in-person collaboration are built into our working practices to ensure all colleagues feel supported, engaged, and connected to the wider team.
“Regular scheduled calls, team meetings and just general and ongoing communication keep us connected. There are days when we don’t speak much if we are very busy, but everyone knows that we are able to reach out, so it’s not an issue.” Gabriela
Remote and hybrid working bring a distinct set of legal considerations that employers must manage proactively. From safeguarding confidential information to meeting health and safety obligations outside the traditional workplace, organisations need clear policies and consistent oversight to minimise risk and ensure compliance across remote teams.
Home working can increase the risk of data breaches, particularly where sensitive client or employee information is accessed outside a controlled office environment or in a territory which may have less robust data security systems. Risks may arise from unsecured networks, shared devices, or inadequate document storage and disposal practices.
“Protecting client data remains our priority, with robust safeguards in place to prevent unauthorised access and account compromise. By continually monitoring emerging risks, enhancing our security controls and responding rapidly to suspicious activity, we ensure our systems and client information remain protected.” Tony
Employers remain responsible for ensuring that their employees have appropriate equipment to carry out their roles safely and effectively. There is a risk where equipment is unsuitable, inadequately maintained, or where employees use personal devices that do not meet organisational security standards.
“Remote and hybrid working can be highly effective when supported by the right technology. By providing reliable equipment, secure system access and modern collaboration tools, we enable our teams to stay connected, productive and focused on delivering excellent client service from any location.” Tony
Employers have ongoing health and safety obligations regardless of where work is carried out. This includes ensuring that employees have suitable workstation set-ups and are not exposed to risks such as poor ergonomics, excessive screen time, or work-related stress.
“I have an office at home which I find really helps to create a nice working environment whilst also being able to close the door on it at the end of the day so I can differentiate between work/home time and achieve that balance.” Kirsty
Managing performance remotely can present challenges in ensuring that expectations are clear, performance is monitored consistently, and issues are addressed in a timely and fair manner. There is a risk of inconsistency or reduced oversight if processes are not clearly defined.
“I join our monthly department meeting, and I have a one-to-one catch-up with the head of department each month, both of which are really important and help me to stay connected. I do go into the office a couple of times a year and, although it is brief, it is lovely to connect in person for that time.” Andrea
Failure to manage home working arrangements appropriately can expose employers to broader legal risks, including discrimination claims (for example, where flexible working is applied inconsistently), breaches of working time regulations, or failure to comply with contractual and statutory obligations.
“It’s an attitude and overall approach more than any one thing. My colleagues and supervisors are always available to me, and I know I can call my head of department or a more experienced colleague if I get stuck or need a second opinion, and I try to treat everyone else the same way. My team has also moved their usual team meeting to a day when everyone is working from home, so it feels more natural to have a Teams call. This makes me feel included naturally rather than singled out and made to feel like an inconvenience. I feel respected and treated equally.” Gabriela
With the guidance of our Employment law experts, we take a proactive and structured approach to managing the risks associated with remote and hybrid working, ensuring we maintain a consistently high standard of support, for our people and our clients.
Our Employment team’s expertise, coupled with our own experience of managing flexible working arrangements, makes us ideally placed to advise other employers on the legal considerations and the practical measures that help to minimise risk.
Effective remote and hybrid working arrangements require a considered and consistent approach. This includes regularly reviewing and updating your flexible working policies to reflect current practices, and ensuring managers are equipped to focus on outcomes rather than physical presence.
It is also important to maintain consistency between office-based and remote staff, supported by clear communication and regular engagement to keep teams connected. Organisations should remain mindful of employee wellbeing and inclusion, taking proactive steps to ensure all staff feel supported and valued regardless of where they work.
Whitehead Monckton’s Employment lawyers are dedicated to the success of your business. Drawing on our legal expertise and experience of facilitating our own successful flexible working arrangements, we will take time to understand your organisation’s needs so we can offer practical and commercially focused advice on how to ensure you meet your obligations as employers whilst also safeguarding your business, your staff and your customers.
