Pets in the Workplace

In the last couple of years, we have seen an increase in queries from our clients regarding greater flexibility in the way that employees work.

Traditionally it has been common for employers to receive requests of a pet accompanying their employee to work due to medical reasons, such as assistance dogs. However, since the COVID-19 pandemic and the rise in people buying pets, there has been an increase in employees wanting to bring their pet to work so they are not at home on their own.

Difficulty can arise when employers are faced with requests that they have not dealt with before and are unsure how to handle these.

How should employers handle requests?

There are many reasons why employees may request or require that their pet accompany them to the workplace and there are various issues an employer will need to consider before making a decision.

While some employers’ immediate reactions may be to decline such requests, it is recommend that a set procedure is followed consistently prior to a decision being made. Employers could set this out in a policy that is accessible to all employees.

What could a ‘pets in the workplace policy’ include?

A policy should be clearly structured and employers may wish to include the following:

• A procedure;
• General practical considerations;
• Pets that are not permitted at work i.e. sick pets, or animals that are banned in the UK;
• What happens if a pet causes damage;
• Rules regarding pet food;
• What happens in emergencies;
• Rules surrounding assistance pets;
• Reminders regarding working effectively and maintaining good performance;
• Rules regarding complaints and concerns.

A procedure for requesting a pet in the workplace could include the following stages:

1. How and to whom requests should be submitted;
2. Next steps the employer will take after receiving a request e.g. arranging a meeting within a certain timeframe;
3. If a request relates to a medical condition or has been recommended as part of an occupational health process, that the employer requires medical evidence including a full report;
4. A further meeting will be arranged following the employer obtaining necessary evidence and conducting a risk assessment;
5. Where requests are granted, details of an initial trial period and a discussion on practical considerations;
6. The process employees should follow if their request is denied.

The importance of employers handling requests consistently

As with various employment decisions it is important that employers take a consistent approach. This is important because inconsistencies can form the basis of claims such as discrimination. For example, an employee could argue that their request was denied because of X discriminatory reason.

When employers are making their decision it is recommend that records are kept which detail the reason/s why a specific decision was reached. This could be useful if an employee were to challenge the decision as the employer would be able to demonstrate that the reasoning was not discriminatory.

Pros and cons of pets in the workplace

Pros

• Pets help to prevent stress which could result in increased productivity;
• Assisting in retaining valued employees over competitors who do not allow pets at work;
• It could be classed a reasonable adjustment for employees with a disability;
• Does not need to be a contractual right.

Cons

• Potential for reduced cleanliness and increased pet odour;
• Potential increased distractions which could reduce work performance;
• Potential trip hazards with pet toys/beds;
• Could be hard for employers to draw the line e.g. permitting dogs but not cats;
• Some staff may be opposed to pets at work.

Health and safety considerations

Employers have a duty to take reasonable care of the health and safety of their employees. This duty arises in the tort of negligence and as an implied term of the employment contract. Employers must also take reasonable steps to provide a safe workplace and a safe system of work.

An employer's health and safety duty extends to mental health as well as physical health. Employers are not obliged to do everything within their power to prevent injury but must take reasonable precautionary steps.

Employers must consider how they can reasonably ensure the health and safety of their employees if pets are permitted in the workplace.

Assistance dogs

Assistance Dogs UK (ADUK) is the umbrella body for assistance dog organisations that have been accredited by an international training standards body. Assistance dogs from ADUK member organisations are highly trained to support a disabled person’s individual condition by carrying out specific trained responses and tasks.

It is important for employers to distinguish between allowing employees to bring their pet to work, and the legal obligations for employees who rely on an assistance dog day-to-day.

Under the Equality Act 2010, it is unlawful for employers to treat employees with a disability less favourably because of their disability or because they have an assistance dog.

The Act requires employers to make reasonable adjustments where a premises, working arrangements or the lack of auxiliary aids put a disabled person at a substantial disadvantage compared to others. Discrimination can occur where there is a failure to make a reasonable adjustment for a disabled person.

Allowing an employee to bring an assistance dog to work could form part of an employer’s obligation to make reasonable adjustments. This could include:

• Making space for the dog and its bed, potentially moving a workstation to a quieter part of the office/space;
• Providing or allocating an outside space or ‘spending area’ where the dog can relieve itself (if outside space is available);
• Making changes to working hours to accommodate short breaks to allow the dog to have a comfort break.

Conclusion

The main points employers should consider as to pets in the workplace are:

• Having a set policy and procedure;
• Acting consistently;
• Consulting with employees to obtain all views;
• The practicality;
• Their legal obligations.

Speak to our employment solicitors

If you'd like to learn more about the laws on pets in the workplace, or make an enquiry with one of our employment law solicitors, contact our Employment Team today by calling 023 8071 7717 or emailing employment@warnergoodman.co.uk.