Run your business from home | The legal requirements
These days working from home has become more acceptable, and for many employees and business owners, a more appealing option than commuting to the office daily.
There are many pluses to working from home, with balance, productivity, and well-being often at the top of the list.
But is it as easy as just setting up your laptop from your dining room table? Or are there some other things business owners need to consider?
In this article we dive in and take a look at the legal must-haves when running a small business from home, and we share how small business legal advice trumps all again for business owners wanting to achieve real peace of mind.
1. Design your space
Creating a space that not only welcomes you each day and invites you to feel calm, happy and motivated, but a space that is safe and ergonomic is vital for long term sustainability.
Here are some ideas that our client’s adopt:
Setting aside a designated space for yourself – whether it is a corner of the living room, bedroom or even an area of the garage! Having a space that you know is yours for running your business allows you to focus and be safe when you’re working.
Ensure your designated work area is clutter free - free from cords and other potential risks - with properly configured desk and chair arrangements, as well as a place for your computer or laptop that are in line with good ergonomic practices.
Eliminate distractions – keep the space as minimally distracting as possible by removing unnecessary objects and technology.
Sourcing the right equipment – do you need an ergonomic office chair? Is it helpful to you to have a standing desk or even a specific type of headset? Although these items are an investment, investing in an efficient and safe set up will serve you in the long run.
2. Insurance
Yes, you need this. The reality is you need insurance in business regardless of whether you are working from home or an office, however your needs may vary depending on where you are located.
Check with your insurance broker about your specific insurance needs, and then be sure to have those in place and current.
3. Think about conferencing
What are your plans for conferences or meetings with clients and team members? Are you planning to see them online (such as Teams or Zoom), or will you be inviting clients or team members to your home?
If you are planning to invite people to your home for this purpose then you need to talk to your insurance broker about public liability insurance. This is a big must-have and you should have this in place before anyone attends your home for business.
4. Think about your employees
If you have employees as team members who will also be working from home, you have an obligation as an employer to ensure you provide a safe working environment. Workplace health and safety (WH&S) legislation requires workplaces to be, as far as is reasonably practicable, physically and mentally safe and healthy for all employees. This one can be tricky, so obtaining specific small business legal advice may be important at this point.
After you get your small business legal advice sorted, the next thing to do is talk to your insurer about your insurance cover (your worker’s compensation policy may have specific requirements for team members working remotely).
Then, be sure you develop a Remote Working/Working From Home policy for your business and include this in the remote working provisions in your employment agreements. If you don’t have one of these, or you’re not sure where to start to develop one, seeking small business legal advice will get you sorted.
If done properly, these policies and provisions will address both the working arrangements in terms of hours and output, communication, and other general expectations, and they will also address the safe working environment obligations on both parties. The WH&S legislation places requirements on both employers and employees to ensure a working environment is safe, so be mindful of supporting your team members to set up properly from home that the arrangement is sustainable for all parties.
Tip - If the role of your team members requires any specific upload and download internet speeds, be sure to include these requirements in the job description.
5. Check your tech!
Being proactive and checking your internet and computer capabilities is a sure-fire way to get you started on the front foot. Check-in with your team, too, to be sure everyone has access to what they need to be able to do their jobs properly. This will help you mitigate your risk in terms of client outputs and deadlines, so you are not exposed if the internet goes down and you miss important deadlines for clients.
6. Update your address
If you are relocating from the traditional office working environment, be sure to update your address with your licensing bodies, insurer, ASIC, and the ABN register (and be sure to let your lawyer, bookkeeper, and accountant know the new details!)
Those are our recommendations on what legal requirements you need to have covered when you are thinking about running your business from home.
You may also find some of our other resources for small businesses helpful, including, ‘Legal Advice for Small Business | Ultimate Guide’.
If you have any questions or would like to dive in a little deeper to gain specialised small business legal advice, feel free to book in a free chat here.