Workations: What are they and what are your rights?

A workation is a ‘working vacation’ which for many of us will seem like a contradiction in terms.

The idea is that it provides an extension of the concept of hybrid working whereby employees can work from another location outside of their home, possibly abroad or simply in another part of the UK.

It means that the employee benefits from the new environment away from home whilst still providing assistance and support to their employer. It also allows employees to save their holidays for a more traditional vacation.

In a challenging recruitment market, workations offer an extension of flexibility that is likely to prove very attractive for most employees.

Clearly the model is not suitable for all roles but for those who already adopt a hybrid model of working, it offers more possibilities.

What should employers consider before introducing a workation model?

If you are considering such a working model, we would advise that you take into account the following:

1.       Consider whether workations are a practical and realistic option for your business

Do your research here and devise a workable policy. Investigate what workations are likely to mean for your organisation, including for different sites, for different staff in various roles and at different levels of seniority and experience.

Carry out staff surveys and consult to find out what works well and what does not.

Consider IT security and the need for a safe and secure internet connection. 

If staff are to be allowed to work abroad, what would happen in different time zones – how would this impact their ability to work?

What about equipment and the cost of transporting laptops or other devices? Will you expect employees to take out additional insurance to cover the risk of the devices being lost or stolen in transit or in hotels and/or holiday rentals?

We would recommend having a policy to cover requests for workations and to create this in consultation with employees to ensure an effective implementation of the policy, thereby increasing trust and employee engagement.

2.       Data protection and confidentiality

Consideration will need to be given to the viability of working in this way when dealing with confidential information. Staff may need training to ensure that they are aware of the increased risk of working in a public area. For example, ensuring that their screens are not visible to third parties or indeed that they cannot be overheard when speaking about confidential work matters. 

Staff should be reminded of their obligations in respect of confidential information and data protection, and required to observe appropriate safeguards, for example, to ensure that:

·       Computers are locked when left unattended

·       Confidential information and personal data are stored securely when not in use, and family members and others do not have access to them

·       Hard copies are shredded or securely destroyed in accordance with the organisation’s data protection retention policy.

Data security is another key issue especially when working abroad and the use of insecure internet connections.

The UK General Data Protection Regulations (UK GDPR) and the Data Protection Act 2018 (DPA 2018) restrict transfers of personal data outside the EU in order to ensure that the level of protection of individuals afforded by UK GDPR and the DPA 2018 is not undermined.

A transfer of personal data outside of the UK may take place if it is to a country designated as having an adequate level of protection of personal data transferred from the UK. Whilst countries within the EU or EEA are covered, countries outside of these areas need to be checked carefully.

3.       Employment and tax considerations

If employees are working abroad, different employment and tax laws may apply.

4.       Update existing contracts of employment

Terms relating to the place of work, hours of work, benefits and expenses and confidentiality are likely to need updating.

Post termination restrictions should also be reviewed to ensure that any geographical restrictions are relevant in the event of workations.

Consideration should be given to implementing a workation policy on a temporary, trial and/or informal basis. If that is the case, any contractual changes will also need to reflect this with clear terms included in the contract allowing for absolute discretion by the employer when measuring and determining the success of any trial.

Final thoughts

In summary, the option of workations could be a very useful recruitment incentive but the practical realities of it mean that considerable thought needs to be given to how they would be implemented in the most effective and workable manner for the benefit of you and your staff.

If you have any questions or would like support in ensuring you are fully aware of the implications of workations and have appropriate, fit for your business policies, please get in touch with the BLHR & Employment Team. We will be happy to discuss how we can help, including under our fixed fee BLHR service.