Many workers who have been at home are baffled about how the easing of the coronavirus restrictions apply to them.
With government advice sometimes appearing vague, we spoke to the TUC, Chartered Institute of Personnel and Development, Advisory, Conciliation and Arbitration Service, and Citizens Advice to see where our readers stand.
What is the general guidance to workers and employers?
If people can work from home they must be able to do so for the foreseeable future.
The Government wants firms to only bring in staff who cannot work from home. If you have been doing your job effectively from home, you should be able to carry on. It’s best to speak with your boss to check.
I’m confused about who needs to go back to work and who doesn’t.
You’re not alone. There are no hard and fast rules. Bosses and workers are trying to get by and keep up with the changes.
Basically, the Government wants to get firms back up and running, while keeping people as safe as possible with social distancing and keeping commuter numbers down.
If I’m ‘at-risk’, will I have to go back to work?
According to ACAS, “extremely vulnerable” people who received a government letter asking them to isolate for 12 weeks are not expected to return.
What if I’m being asked to return ?
Employers have a duty of care to identify and manage risks to ensure the workplace is safe to return to.
It’s law for them to carry out a risk assessment. The CIPD says employers should try a gradual return to work to test health and safety measures in practice and ensure they can work with larger numbers before encouraging more of their workforce back.
I’m worried about safety at work.
The TUC advises first talking to your workmates and union. Ask your employer to sort out the issues you’re worried about.
If problems persist, make a report to the Health and Safety Executive. Trade union reps can report breaches via: union.covidconcerns@hse.gov.uk.
I have no means to get to work other than public transport. Does my boss have to supply me with protective gear to wear on my way in?
The risks of having to get to work on crowded public transport are not directly your employer’s responsibility, according to Citizens Advice.
But they should play a part in an assessment of the overall risk of your returning – particularly if you’re vulnerable for health reasons.
You may need to sort out your own safety precautions.
What if I don’t want to use public transport due to health risk?
Your employer should stagger start and finish times to avoid busier periods on trains and buses.
Not going in because of concerns is a grey area. It may depend on individual circumstances.
If you live with someone “vulnerable” you have a stronger case. Like many queries, it could end with a legal challenge.
I’m currently furloughed, will I now go back to work as usual?
This depends on whether your employer plans to get back to business as near normal as possible.
The scheme has been extended until the end of October, so if you don’t get back to work soon you will keep receiving 80% of your pay.
My employer asked me to return on fewer hours. Can they do that?
Because this will be a temporary contractual change, workers will need to agree in writing.
I’ve been on furlough as my firm was closed but my employer has told me to return to work. Do I have to go?
Your employer has a legal duty to protect your health and safety.
Before they ask you to return, they should do a risk assessment and follow government advice to ensure they minimise the risk of virus transmission in your workplace.
If you feel you’re being called back to an unsafe workplace you do have some legal protections, but they don’t offer you an immediate answer.
If you don’t feel safe going back it is best to negotiate with your boss to make sure your workplace is safe.
If your employer can’t or won’t make the adjustments needed, you face a difficult choice of either working in what you consider to be unsafe conditions – or refusing to do so and potentially losing your job, then deciding whether or not to take legal action.
I have young children who need to be home-schooled? Will I be able to continue to stay at home to do this?
This is yet another grey area. If your boss has gone out of their way to accommodate your needs, you may be on shaky ground to not go in.
That said, it could also be seen as indirect gender discrimination.
Employees can stay at home on unpaid leave, but it’s a financial hit. Emergency leave is a statutory right.
Can I leave work if I feel unsafe?
First, raise the issue with your employer. They have a fundamental duty of care so if they are playing lip service, you are in a strong position.
Remember, you must alert your employer to the issue, and you need evidence of what you feel is unsafe.
Will I face consequences if I don’t return to work because I don’t feel it is safe?
It’s for the employer to address those concerns. You need to cite why you don’t feel you can return.
