A surge in pet ownership during the pandemic combined with a demand for flexible working has led many companies to consider allowing dogs into the workplace. A study to celebrate World Mental Health Day 2022 demonstrated this shift towards “pet-focused” incentives, with one in five people ranking “pet-friendly offices” higher than other common incentives such as a complimentary bar and free childcare at the office. This may sound purr-fect in principle but there are many issues that landlords and occupiers should keep in mind before opening their doors to furry friends.
Initial considerations
The introduction of animals into office spaces can create a variety of logistical and legal issues, particularly where a company occupies space in a multi-let building. While some employees might be keen to share their working environment with their colleagues’ dogs, there will be many who would rather not and, as such, employers should keep in mind the potential alienation of certain faith groups and the isolation of employees with phobias or allergies when considering implementing a “pet policy”.
Corporate occupiers should also be mindful that “pet-friendly” policies are distinct from the arrangements to be made for assistance dogs. Under the Equality Act 2010, an employer is under a duty to make reasonable adjustments where a disabled employee is placed at a substantial disadvantage. This could include permitting an assistance dog to attend the workplace, such as hearing or seizure alert dogs. It will, therefore, be important for both employers and landlords to ensure their positions on allowing animals in the workplace do not conflict with this legislation.
Pet policies
If dogs are to be allowed into the office, landlords and tenants alike will want to ensure there are suitable policies in place to cover both property management and employment issues, and that all policies are aligned. These policies should set out clear procedures in relation to where and when dogs can enter the building, where dogs can have toilet breaks, the use of zoning and potentially introducing a “probation period” for new dog joiners. All interested parties will need to consider whether dogs can use shared access routes to and from office floors, and whether any outdoor spaces in the building and/or on the wider estate can be used to exercise animals.
Lease covenants
Inevitably, the covenants in an occupier’s lease will affect any “pet policy” so it will be important for occupiers to consider these carefully when deciding whether they can and/or should allow animals in their office.
Indeed, it is advisable for any occupiers looking to lease “pet-friendly” offices to make enquiries about a landlord’s approach to animals as soon as possible, preferably at the heads of terms stage, so any relevant provisions can be agreed in good time. Those occupiers with existing leases who wish to change their pet policies should review their lease and seek any necessary consents or variations to their tenancy from their landlord ahead of any changes to employee policies being announced.
There are, after all, numerous ways in which a right to bring pets into the workplace can be agreed between a landlord and tenant. For example, a prohibition against, or right to bring animals into the premises can be drafted expressly into a lease, with appropriate caveats where required. These caveats could include:
- Restrictions on days/times that animals are permitted on the premises, including a requirement that dogs must not be left unaccompanied at any time;
- Restrictions on types of animals permitted, by vaccination status and/or training certificates;
- Restriction on access routes and areas within the demise and common parts where animals are permitted off-lead.
Further, it will be important for tenants to consider the impact of having animals in the office on other provisions in their lease to manage any risks accordingly. For example, there may be an increased possibility of breaching repair obligations, given the likelihood of damage to walls, carpets and soft interiors and, in more extreme cases, there could be an impact on dilapidation costs at the end of the term, particularly if a tenant needs to carry out works to construct internal partitioning for pet-free zones.
It will also be advisable for landlords and tenants to check their insurance policies to ensure they will not be invalidated by allowing dogs in the office, and that all parties will be covered in the event of an animal causing injury to an employee or visitor.
Landlord’s perspective
Some landlords may choose to offer pet-friendly offices to attract a broader range of tenants, particularly if they are marketing their buildings to those in creative industries. However, other landlords would rather not face the challenges posed by having animals in their buildings, unless equality legislation forces them to do so.
For those landlords who do dip their toes in the water, it will be important to document any relevant regulations clearly and so there is maximum flexibility to amend any rules from time to time. Landlords should also actively monitor and enforce compliance with the regulations and deal promptly with complaints.
A “bring your dog to work day” could be a good opportunity to trial having dogs in the building before implementing a long-term policy – that way all interested parties can decide if they are barking up the wrong tree or if the policy is quite fetching.
Annabel Lindsay is an associate, Laura Bougourd is a managing associate in real estate and Hannah McGovern is an associate in employment at Lewis Silkin LLP
