What may employers wish to consider about work in the metaverse?

Since the COVID-19 pandemic, we have experienced an increase in our clients requiring advice on working from home and hybrid working. Queries have ranged from whether providing equipment such as laptops is necessary and how to manage performance issues from home.

Despite our day-to-day lives slowly returning to normal, it appears that the hybrid-working model could remain in many companies as employers embrace work in the metaverse.

What is the metaverse and how may it come into the workplace?

The metaverse is a virtual-reality space in which users can interact with a computer-generated environment and other users.

In a work setting, the metaverse may comprise of various virtual platforms, which allow employees to work via their own avatar and to socialise with colleagues. While this may not seem much different to the current practice that employers have in place, there are issues that employers should consider.

Health, safety and well-being

There is already a duty on employers to ensure the health, safety and welfare of their employees. This involves conducting risk assessments in the workplace and encouraging a good work-life balance.

However, as working life becomes increasingly virtual, it is important that employers consider whether their current practices are useful in virtual workspaces.

Concerns that employers could consider are:

• Increased screen fatigue;
• Mental health-related issues stemming from isolation caused by remote working;
• Keeping confidential information safe at employees’ home addresses;
• Maintaining a good standard of work despite decreased in-person collaboration with colleagues;
• Employees not taking their allocated breaks while working in the metaverse.

Employers could combat this by holding regular in-person catch-ups and meetings with employees in order to remind them that their team members and managers are there to assist them if they are in need of support.

Additionally, employers encouraging honest and open discussions with employees about work in the metaverse could enable them to identify health, safety and wellbeing related problems at an early stage.

Monitoring

Monitoring employees is important for various reasons in employment, and it is arguably easier to do so when all staff members are in the same place. Although, it is possible for employers to monitor employees at work despite being in the metaverse.

In order to carry out lawful monitoring, it is important that employers consider employees’ rights to privacy and ensure that any monitoring they carry out is proportionate.

Employers should include wording in IT policies, which explains that they are entitled to carry out monitoring of employees via their work systems. Employers should also consider conducting data impact assessments prior to monitoring employees.

Without ensuring that monitoring is being carried out lawfully, employees could argue their employer is breaching the implied term of mutual trust and confidence if they are not aware that they may be monitored. This is an important consideration for employers as such breaches could put them at risk of facing constructive unfair dismissal claims if employees feel the breach is repudiatory.

Acceptable and unacceptable behaviour

Despite in-person interaction decreasing in the metaverse, there may still be instances which result in complaints about other employees. Employers could consider whether they can amend current policies to include guidance on how employees should conduct themselves in a virtual presence.

Such changes could be made to policies such as grievance, bullying and harassment, and detail the consequences of falling short of the standard.

Employers may also consider conducting training on work in the metaverse. This could benefit workplaces by reminding employees of acceptable work behaviour and make them feel more comfortable working virtually.

Conclusion

It is clear that because the concept of working in the metaverse is new, there is not one recommended structure that employers should follow.

As work in the metaverse becomes more common, we could see legislation and codes of practice developing to include this method of working. Until then, employers should consider how they can adapt their current practices to ensure their employees’ welfare and protection while working virtually.

Contact our employment law solicitors today

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