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The government guidelines still state that “staff should work from home if at all possible”, but what happens if your employer has other ideas?
HuffPost
UK has heard from office workers who say they have been pressured to go back already, despite being able to fulfil their
Job requirements remotely.
“I have gone in as my employer isn’t really giving me any other option,” one employee, who works as an account manager for a food and drinks company, told us.
“When Boris eased restrictions and said some people could go back to work [on May 11], my employer expected us to return to our old working ways. I drive, so didn’t have to get on public transport, but I didn’t want to go back to the office, especially when I can do my job working from home.” READ MORE: Zero Motivation To Work From Home? Here's How To Get Your Mojo Back One in five (20%) of UK office workers expects to be asked to return this month, according to research from employee experience company Qualtrics, but two-thirds (65%) feel uncomfortable about it.
The government guidance relating to office workers says employers should be “planning for the minimum number of people needed on site”. But, according to that guidance, workers who can return include: Workers in roles critical for business and operational continuity, safe facility management, or regulatory requirements and which cannot be performed remotely.Workers in critical roles which might be performed remotely, but who are unable to work remotely due to home circumstances or the unavailability of safe enabling equipment.So, what are your rights if you’ve been told to go back when you don’t think it’s necessary?
While the current government advice is to work from home if you can, “this is guidance only and does not give you an absolute right to work from home”, according to Slater and Gordon employment lawyer Ruby Dinsmore.
In other words, the right to work from home is at the discretion of your employer. But that doesn’t mean you can’t argue the case for remote working.“If an employer unreasonably refused the right to work from home in these circumstances, especially if you’re particularly at risk from the virus, it could be a breach of health and safety provisions and also the implied term of trust and confidence,” Dinsmore tells HuffPost UK.
Employers have a duty of care to protect their employees’ health and safety, so if you’re feeling pressured to return to the office, contact your HR manager (if you have one), who should take this seriously. “If you’re really afraid to be at work your employer could offer you flexible working, the chance to take holiday or unpaid leave, or consider other roles which do not require you to be in the office,” Dinsmore adds. “Neither side have to agree to this, but you should explore options.”Related... What Not To Say To Your Black Colleagues Right Now There are some circumstances where you may be protected legally if you refuse to return to work. Before refusing to follow an instruction to return, you may want to seek legal advice, as this area of law is quite complex, says Dinsmore.
Legally, you can not “unreasonably refuse” to return to work, or you could face disciplinary action, but given the seriousness of the virus, it shouldn’t get to this standoff point.
“The government has emphasised that employers should accept employees have genuine concerns and may wish to stay home in circumstances where they feel unsafe in the office,” says Dinsmore.
“Employers should be abiding, not just with government guidance, but their legal duties which are likely to go beyond government guidance.”
For their part, employees should be given the means to raise any concerns easily and without fear of reprisals.
“If you have concerns about this process, it is always useful to keep a diary and notes on these conversations,” says Dinsmore. “Should you have any concerns about how the process of review is conducted in this situation you may want to seek legal advice or contact a union where appropriate.”READ MORE: I’m Working In A Supermarket Through The Pandemic. This Is What It’s Really Like 'Smell The Difference' Screening Tests Could Be Used To Detect Covid-19 In Workplaces Do I Have To Go Back To Work? Here’s A Quick Guide To Your Rights