Can my employer refuse to let me back to work?
Can my employer refuse to let me back to work?
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21TonyK

Original Poster:

12,927 posts

232 months

Sunday 26th July 2020
quotequote all
If I was at increased risk due to CV-19 and medical advise was still to isolate after 1 August can my employer insist I work from home?

(Well, I guess they can, but can they do so if it makes my job impossible to actually do?)

Muzzer79

12,651 posts

210 months

Sunday 26th July 2020
quotequote all
More info required but on the face of it, I’d say your employer could

Ask you to work from home

Agree that your job is not possible from home and either put you is SSP or, if they want to, offer you an enhanced sick leave.

21TonyK

Original Poster:

12,927 posts

232 months

Sunday 26th July 2020
quotequote all
In a nutshell I do a physical role (cheffing) 2 days a week and the rest of my time is admin, managing, planning etc

I have been doing this 2 days in work a week and 3 at home since lockdown.

Now I am told that due to medical conditions I must "shield" indefinitely.

I have come up with a plan I am happy with that lets me work onsite all the time if I want/need to.

I would rather be on site as if not I can see all sorts of problems,

So, essentially, if I say I am happy with the precautions in place and my employer is not what *might* be the outcome.

And, what steps I can take to keep them happy.

(just to add, i'm public sector so full pay whatever, just much rather be in work actually doing my job rather than abiding by a generic risk assessment)

Jasandjules

71,911 posts

252 months

Sunday 26th July 2020
quotequote all
If you are at enhanced risk they would be sensible to require you to work from home.

That being said there would need to be a contractual term to enable the same.

21TonyK

Original Poster:

12,927 posts

232 months

Sunday 26th July 2020
quotequote all
Jasandjules said:
If you are at enhanced risk they would be sensible to require you to work from home.

That being said there would need to be a contractual term to enable the same.
Yes, I'm in the"extremely" vulnerable group and told to stay at home until told otherwise,

But I have a working model where my exposure is limited to 3 people I trust to work without PPE and social distancing...

I think I just answer my own questions...

I'm working at home

crofty1984

16,851 posts

227 months

Thursday 30th July 2020
quotequote all
21TonyK said:
Jasandjules said:
If you are at enhanced risk they would be sensible to require you to work from home.

That being said there would need to be a contractual term to enable the same.
Yes, I'm in the"extremely" vulnerable group and told to stay at home until told otherwise,

But I have a working model where my exposure is limited to 3 people I trust to work without PPE and social distancing...

I think I just answer my own questions...

I'm working at home
If you think of it another way - let's say you work at heights, your employer has done a risk assessment and decided that for your safety (or to reduce their liability if you're not feeling generous) you must wear a harness. Now, you've decided that through your own risk assessment, you have a working model that means you don't need to wear a harness, you're happy at the risk as a grown up, you've got grippy gloves and decent boots and a bit of blue nylon rope tied to your ankle, just in case.

Do you think your employer would be unreasonable to insist you wear a harness?

Not trying to have a go, but I think if your employer has decided on what they say is a maximum acceptable level of risk, unless you can convince them that your solution is LESS than that, I think you'll struggle. No harm in having that conversation though I guess.