Workcations - Relaxation for employees, a headache for employers
Posted on 1st August 2024
Employees are keen to take full advantage of flexible working, with many now working whilst travelling abroad - otherwise known as a 'workcation'. This allows employees to enjoy travelling and a change of scenery beyond the limits of annual leave. The practice is particularly popular among younger workers (61% of remote workers aged 18-35 wanted a workcation) so it is something employers may have to face to attract and retain employees in future.
Workcations may be popular with employees, but they create several risks for employers. Here's what you need to think about if you're going to allow staff to work abroad.
Productivity
While some employees choose a relaxing location, others are keen to visit big cities (45%), historic towns (38%) and even winter sports destinations (14%). Those who want to fully enjoy the destination may be tempted to work shorter hours, take longer breaks, or be online but not engaged, which could damage productivity.
This may seem like an obvious cause for performance management or disciplinary action, but you must be sure you have the right to act. Contracts of employment should clearly state that staff must give work their full attention during working hours. Be sure to follow your procedures and thoroughly investigate, as acting on a hunch could lead to claims of unfair dismissal.
An alternative option would be to focus on the employee’s output rather than their time online, by providing key performance indicators (KPIs) to achieve while they are away (if possible). This empowers the employee to manage their own time to make the most of their travel without damaging productivity. This may be better for performance and morale than the employee being online but distracted and unmotivated. You could still take action if the employee fails to meet their KPIs.
Providing a safe environment
You have a duty to provide a safe work environment and reduce risks for all staff, including remote workers. This is more difficult when neither party is in control of the environment, and you do not have access for a risk assessment. You could provide guidance for the employee to complete their own risk assessment and set up a suitable workspace. You must be clear about who is responsible for any problems – especially if the employee has not carried out the risk assessment in line with your guidance.
You could also provide guidance about wider safety concerns, such as requiring employees to check government travel advice about whether the area is safe for tourism and to follow government recommended precautions.
Other legal duties
Workcations may have implications for tax and data protection, so you should seek legal advice from specialists in these areas. Once you understand your obligations, be clear about employees’ role in helping meet these obligations and the consequences of failing to co-operate.
How to protect your business
When allowing a workcation, we recommend putting the arrangement in writing. You should make it clear that any variations of normal working practice are temporary and the employment contract will not be altered by conduct. It would be sensible to reserve the right to refuse future requests. This agreement can also provide evidence of steps you have taken to mitigate risks.
If you expect to receive a lot of workcation requests, you could collate these measures in a specific policy or amend your flexible working policy. This could set out how employees request workcations, what safety measures they must take, your expectations around performance and the consequences of not following the policy. This may invite more workcation requests but reduces the risks of inconsistency when dealing with requests ad-hoc.
You should get a specialist solicitor to write these agreements or policies to be sure that the wording protects your rights and doesn’t have any unintended consequences.
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