Remote working clauses: what should your contract say?

Plenty of jobs are now advertised as hybrid or remote, but the contract doesn’t always say so. It’s common to agree a working pattern at interview and then find the contract names an office as your place of work and gives the employer a broad right to decide where you work. If the arrangement matters to you, the contract is where it needs to be. This guide covers what a remote or hybrid clause usually says, what a clear one includes, and what to ask for.

Why the wording matters

Your employer has to give you a written statement of your main terms, and that has to include your place of work (or, if you’re required or allowed to work in different places, a statement saying so and the employer’s address). What the contract says about location is what you can rely on if the employer later wants everyone back in the office five days a week. A pattern agreed informally, or set out only in a policy the employer can change, gives you much less protection.

Location also has practical and legal knock-on effects: commuting costs, childcare, equipment, health and safety, and, if you work from another country, tax and immigration.

The common types of clause

Fully remote. For example, “You will work from your home address in the UK.” This is clear, but check whether the employer can require you to attend an office or client site, how often, and who pays for the travel.

Hybrid with set days. For example, “You will work from our Manchester office on Tuesdays and Wednesdays and from home on the other days of your working week.” This gives certainty on both sides.

Discretionary. For example, “You may work from home subject to business needs and at your manager’s discretion.” This reads well but gives you little. The employer can usually withdraw it without changing your contract, because the contract never gave you a right to it.

Most employees are better protected by a clause with a stated pattern than by a discretionary one, even if the stated pattern is fewer home days than they’d like.

What a clear clause covers

Location. Your contractual place of work: home, a named office, or a mix, with any restriction on where home can be (many employers limit it to the UK).

Pattern and changes. For hybrid roles, the number of office days and whether they’re fixed. If the employer can change the pattern, how much notice it must give and on what grounds.

Equipment and costs. Who provides the laptop, screen, chair and other kit, who owns it, and whether any contribution is made towards home working costs such as heating or broadband. There’s no general legal requirement for an employer to contribute, so if it matters to you, ask.

Health and safety. Employers’ health and safety duties, including display screen equipment assessments, apply to home workers too. A clause will often ask you to complete a workstation assessment and keep your workspace safe.

Data and security. Expect obligations on keeping devices secure, not using shared computers for work, and handling personal data in line with the employer’s policies under the UK GDPR and the Data Protection Act 2018. These are reasonable, but check they’re practical for your home setup.

Office travel. For remote workers, whether travel to the office or client sites is paid and whether the time counts as working time.

What’s reasonable to ask for

If the job was advertised or discussed as hybrid or remote, it’s reasonable to ask for that to be written into the contract. If the employer wants to keep flexibility, a stated pattern with a right to change it on a reasonable period of notice (a month, say, rather than a week) is a fair compromise.

Within a hybrid pattern, you can ask for a minimum number of office days rather than fixed days, so you can plan around other commitments. It’s also worth agreeing what happens for occasional extra home days, such as when you’re waiting in for a repair.

If you’ll work from home full-time, ask about equipment and any contribution to costs. Some employers pay an allowance; many don’t.

Your right to ask for flexible working

Separately from anything in the contract, employees have had a right to make a flexible working request from their first day of employment since April 2024. You can make two requests in any 12-month period and the employer must decide within two months, including any appeal. The employer can only refuse for one of the business reasons set out in the legislation, but it’s still a right to ask rather than a right to have. The Employment Rights Act 2025 will tighten this by requiring a refusal to be reasonable, but that change isn’t expected to take effect until 2027. If the working pattern matters, negotiating it into the contract now is more secure than relying on a later request.

Wording to push back on

“As agreed with your manager.” Your manager can change, and so can their view. This gives you no contractual pattern to rely on.

“Subject to business needs.” Unless the business needs are defined, this lets the employer change the arrangement whenever it likes.

“We may change your place of work on one week’s notice.” One week isn’t enough to rearrange childcare or commuting. Ask for a longer period and a limit on how far away the new location can be.

Silence on equipment. If you’re expected to work from home and the contract doesn’t say who provides the kit, clarify it before you start.

Working from abroad

Working for a UK employer from another country raises issues a standard contract won’t deal with. Depending on the country and how long you’re there, you may need the right to work locally, you may become liable to local income tax and social security, the employer may have to register or run a local payroll, and local employment law may give you rights the UK contract doesn’t mention. There can also be corporate tax consequences for the employer. Personal data sent across borders must be handled in line with the UK GDPR.

Many employers therefore don’t allow overseas working, or allow it only for a few weeks a year. If you plan to work abroad, get the arrangement agreed in writing before you go, and take tax and immigration advice specific to the country. A clause saying the employer will “handle” tax isn’t enough on its own.

Checking your contract

Before you sign, QuickLegalCheck can review the whole contract, including the place of work and flexibility clauses, explain what they allow the employer to do and suggest points to raise. Upload your contract for a free first look.