What to Include in a Remote Work Agreement – And What Most Employers Miss

Most employers now offer some form of hybrid or remote work, but few have a formal agreement in place for remote work. Without clear terms, disputes arise, compliance fails, and legal risk increases. This article explains what to include, what employers often miss, and how HR Docs can help.

What Is a Remote Work Agreement?

A remote work agreement is a formal written document that outlines the specific terms of working from home or outside the employer’s premises. It supplements the main employment contract and defines location, schedule, communication, equipment, and expectations.

Unlike general employment terms, a remote work contract focuses on legal compliance and operational clarity. It prevents disputes by defining boundaries for data use, performance, and liability, making it essential for compliance in both the UK and Ireland.

Employers issue these agreements for hybrid workers, fully remote staff, or in cases involving reasonable adjustments for health or family-related needs.

Why Do You Need a Remote Work Agreement?

A remote work agreement is a legal and operational safeguard. In the UK, the Employment Rights Act requires clear written terms. In Ireland, the Work-Life Balance Act enforces remote work request procedures. Without a formal home working policy, employers risk breaching data, health and safety, or working time regulations.

Remote work contracts clarify responsibilities, protect against disputes, and ensure compliance with statutory obligations across both jurisdictions.

What to Include in a Compliant Remote Work Agreement

A compliant remote work agreement sets out exactly how, when, and where work takes place, along with who is responsible for health and safety, equipment, performance, and data protection. In both Ireland and the UK, vague or missing clauses leave employers exposed.

The following sections outline the critical clauses every employer must include, based on current legislation, HR best practice, and the standards used in HR Docs’ remote work agreement templates.

Working Hours and Availability Expectations

Every remote work agreement must clearly define start and finish times, core availability hours, and the method by which employees log their working time. This helps avoid disputes over productivity and ensures fair monitoring in accordance with employment law.

In Ireland and the UK, working time regulations apply equally to both remote and in-office staff. That means breaks, rest periods, and maximum weekly hours must be tracked and respected, whether the employee is in the office or at home.

Remote work hours policies also clarify response time expectations and ensure staff are contactable during agreed periods. Without this, employers risk non-compliance and inconsistency across teams.

Equipment, Tools, and Expenses

A compliant remote work equipment policy must clearly outline what the employer provides and who is responsible for maintenance, replacement, and upgrades. This includes laptops, monitors, phones, and any other essential tools required for working from home.

Employers are responsible for ensuring that equipment is safe, fit for use, and adequately insured. Failing to define ownership and liability increases risk in the event of damage, loss, or technical failure.

A good home working reimbursement policy also covers costs such as electricity, broadband, and office supplies like desk chairs. These should be specified clearly in the remote work agreement to prevent disputes.

Health and Safety Responsibilities

Employers remain legally responsible for health and safety, even when staff work from home. UK employers must follow HSE remote work guidance, while Irish employers must comply with the Health and Safety Authority (HSA) under the Safety, Health and Welfare at Work Act.

This includes carrying out a home office risk assessment, ensuring the workspace is ergonomically safe, and providing guidance on accident reporting, display screen equipment (DSE), and mental health.

A compliant remote work agreement must assign safety responsibilities, confirm employee cooperation, and set a review schedule for long-term arrangements. Without this, the employer risks legal liability if harm were to occur.

Data Security, GDPR, and Confidentiality

A secure work-from-home policy must address how data is accessed, stored, and protected remotely. Employers are fully liable under GDPR for any breach involving client, employee, or financial information, even if it happens off-site.

The agreement should require the use of password-protected devices, VPNs, two-factor authentication, and secure cloud storage. It must also prohibit unauthorised data transfers, personal device use (unless permitted), and unsecured Wi-Fi.

A confidentiality agreement for remote work serves to reinforce legal obligations. HR Docs templates include both standalone confidentiality clauses and whole policies to help protect sensitive data and reduce breach risk.

Communication, Performance, and Monitoring

A remote work agreement must outline how communication occurs, how performance is monitored, and when supervision is conducted. Clear systems protect both employees and managers from confusion, inconsistency, or perceived micromanagement.

Employers in the UK and Ireland must strike a balance between oversight and employee privacy. Any remote employee monitoring must be proportionate, lawful, and transparent, by the GDPR and relevant workplace privacy laws. This includes tracking software, call logs, or screen time tools.

A solid remote work supervision policy defines the frequency of check-ins, how goals are set, and how output is measured. HR Docs templates build this into every remote work agreement to ensure compliance and consistency.

Place of Work and Cross-Border Risks

Every remote work agreement must define the location of work, even if employees work from home. Without a precise location of work clause, employers risk legal and tax exposure, especially if staff relocate or travel without permission.

Remote workers based abroad may incur unexpected tax liabilities, social security obligations, or immigration compliance issues. In Ireland, employees working from another country for extended periods can affect their PAYE and PRSI obligations. In the UK, it may breach visa or tax residency rules.

A compliant remote working abroad policy clearly outlines where work is permitted and the necessary approvals required. HR Docs templates include these terms to help employers maintain control over remote locations.

Common Mistakes Employers Make in Remote Work Agreements

Most remote work agreements are outdated, copied from generic templates, or miss key clauses, putting employers at serious risk. These are the top oversights we see every week:

No Defined Working Location or Flexibility Boundaries
Without an explicit location clause, employees may work abroad or change jurisdictions without the employer’s knowledge, causing tax and legal complications.

No Clauses for Monitoring or Supervision
Vague or missing terms on performance tracking and oversight leave managers unable to address underperformance or dispute employee claims.

Data Protection and Confidentiality Missing or Vague
GDPR compliance fails when data handling rules aren’t set out, especially regarding personal devices and client data.

No Clear Expense Policy
Ambiguity over broadband, heating, or equipment reimbursements leads to inconsistent payouts and internal conflict.

H&S Responsibilities Ignored
Employers must assess home working setups in accordance with HSE or HSA law. Failure to do so breaches the duty of care.

Each of these gaps creates risk. HR Docs templates remove ambiguity and enforce compliance.

UK and Ireland Legal Requirements for Remote Work

A compliant remote work agreement must align with both local jurisdictional laws and relevant regulatory guidance. In the UK, employers are required to comply with the Employment Rights Act 1996, the Working Time Regulations, the GDPR, the ACAS Code of Practice, and the Health and Safety at Work Act 1974. Agreements must clarify working hours, rest breaks, health and safety standards, and data protection responsibilities.

In Ireland, employers must comply with the Organisation of Working Time Act, the Health and Safety at Work Act, the GDPR, and the WRC’s guidance on remote work. Remote staff must receive adequate protections, rest breaks, and formal documentation confirming the terms of their employment, regardless of whether they are working off-site.

Both jurisdictions expect employers to establish clear dispute resolution pathways, and assume responsibility for data security. HR Docs’ remote work templates meet these legal standards and include all the clauses needed for multi-region compliance.

Why HR Docs Is the Fastest Way to Stay Compliant

HR law experts write HR Docs templates for real businesses. They’re editable, legally sound, and reflect the latest WRC and ACAS guidance, saving you hours of guesswork and legal risk.

Compliant with UK and Ireland employment law
Includes all essential clauses: working hours, equipment, health and safety, monitoring, data security
Editable, downloadable, and easy to customise for your specific setup
Includes confidentiality and GDPR compliance terms
Covers remote, hybrid, and flexible arrangements
Access as part of a full HR document library, including policies, contracts, and agreements

Download Your Compliant Remote Work Agreement Template Today

A remote work agreement is no longer optional; it’s a legal safeguard for your business. From health and safety to GDPR, the risks of vague or outdated terms are too high. HR Docs provides a fast and legally compliant way to stay protected.

Don’t risk tribunal claims, policy disputes, or GDPR fines. HR Docs makes it easy to create legally sound remote work agreements in minutes.

FAQ: Remote Work Agreements – What Employers Need to Know

Do I need a remote work agreement if I already have a contract?
Yes. A standard employment contract typically does not cover location-specific risks, health and safety duties, or data security obligations. A separate remote work agreement or policy addendum ensures full legal compliance in the UK and Ireland.

What clauses should be included in a remote work agreement?
A compliant remote work agreement should include clauses on working hours, location, equipment use, H&S responsibilities, monitoring, data protection, and confidentiality. HR Docs templates include all key work-from-home contract requirements.

Can I monitor employees who work from home?
Yes, but monitoring must comply with UK and Irish privacy laws. You must explain what data is collected, why it is collected, and how it will be used. HR Docs templates include remote employee monitoring clauses aligned with GDPR.

What are my H&S responsibilities for remote staff in Ireland and the UK?
Employers must ensure the home work environment is safe. This includes risk assessments, clear health and safety guidance, and appropriate reporting procedures. HR Docs templates follow the HSA and HSE frameworks for home working.

How can I ensure GDPR compliance with remote workers?
You must control access to personal data, provide secure systems (such as VPNs and passwords), and train staff on their GDPR responsibilities. HR Docs includes a confidentiality agreement and a secure work-from-home policy to meet legal requirements.