Being pressured to return to work during lockdown

[Lenovo]

I am an employee of a manufacturer in Scotland which is classed as an essential business, I have continued to work throughout the lock down period from home since March, due to the outbreak and continue to do so, as my role in the company allows me to do this.

I had a meeting with my line manager (who is based in England) recently who is insisting that I start making a phased return to work. Up to now I have been following the Scottish Government’s guidance, looking at their roadmap it states for each phase that the default position should be to work from home if possible, with the exception of phase four where the advice is it is encouraged. Currently we are in phase one. I read through their guidance specifically for manufacturing which states:

Supporting those who should come to work, and those who should not
As a minimum we expect:
• working from home to continue, where possible

Continue home working
Minimising the spread of the virus will remain important in ensuring the overall protection of public health. Therefore planning for a safe return to work should assume that those able to work from home will continue to do so. Companies should plan for the minimum number of people needed on site to operate safely and effectively, with a phased return necessary for many businesses. Home-working should be the default, where possible.

I have a health condition which causes me to be classed as vulnerable, my OH is also a carer for her mother, who has several serious health issues which would require hospitalisation should she acquire the virus.

I am extremely concerned that if I am forced to return to work, I could potentially contract the virus and put myself, my family and my OH's mother at risk. I have already lost one family member due to this virus and I don't want lose another or myself.

I wondering can I decline returning to the office? If I do so can the company discipline me?

[Muzzer79]

The advice from the Govt is to continue working from home if you are able to do so.

If your job truly is possible to complete effectively from home, I would challenge your line manager.

Explain your situation and the vulnerability in your home. Offer to be flexible with working, etc. Don't be militant, but explain that you'd rather not return to the office until Govt advice says you should.

It would have to be a hard-nosed company that refutes this. If your line manager does, escalate to HR.

Technically, they could try to discipline you if you fail to return to work when asked to but, given the current circumstances and Govt advice, I wouldn't be anywhere near bold enough to pursue that if it went to a tribunal for example.

Remember the Govt advice - stay at home and work if you can
If your company can successfully show that you can't do your job at home, you may have no option but to return.

If Govt advice changes and says that all people can return to work, with appropriate social distancing for example, you will have to return.

[moles]

Wear a mask?.

[halo34]

Tourism is opening up soon in Scotland - I suspect everyones on the path to normality - whatever that is.

[PorkInsider]

I would echo Muzzer's advice regarding talking to your manager HR candidly about your concerns and reasoning.

Sounds like a tough time.

Good luck.

[maz8062]

Until we know what you actually do for a job it is very difficult to advise you.

Whatever you do in life involves a level of risk.

[200Plus Club]

Highly unlikely apparently that any employment tribunals will be sitting anytime soon either. We took some free legal advice from ACAS which was helpful for my wife about being forced into furlough as her situation was different. In the end she held out and was made redundant which suited her but the specific employment solicitor advice was to work with the employer as chances of a case going to a tribunal for unfair or constructive dismissal was minimal at present.

[Jarcy]

It seems that it will be far more difficult for the government to get people back to work, than to tell them to stay at home.
Many people are quite happy with their new working from home arrangement, and are reluctant to return to office life. They feel empowered by their new found ability to be trusted to work efficiently and diligently. Because they are busy, they don't see the drop in productivity or the loss of enterprise and inspiration that results from collaborative working. In the meantime, the UK economy has shrunk 20.4%!

If you're not comfortable to return to work now, when will you be?
What is your personal milestone that you're waiting for?
We now need the mindset that we are soon returning to normal work.

The risks are now very low (even though we've not reduced our rates as well as our European neighbours).
Yes there are still risks, but these are risks that we need to start taking.
We need to grow some balls, isolate granny, but get out and start producing again before everything really, really goes tits-up.
We need to dispel the fear.

[Riley Blue]

As you're clinically vulnerable the guidance is unequivocal: stay at home as much as possible.

[Muzzer79]

Jarcy said:

It seems that it will be far more difficult for the government to get people back to work, than to tell them to stay at home.
Many people are quite happy with their new working from home arrangement, and are reluctant to return to office life. They feel empowered by their new found ability to be trusted to work efficiently and diligently. Because they are busy, they don't see the drop in productivity or the loss of enterprise and inspiration that results from collaborative working. In the meantime, the UK economy has shrunk 20.4%!

If you're not comfortable to return to work now, when will you be?
What is your personal milestone that you're waiting for?
We now need the mindset that we are soon returning to normal work.

The risks are now very low (even though we've not reduced our rates as well as our European neighbours).
Yes there are still risks, but these are risks that we need to start taking.
We need to grow some balls, isolate granny, but get out and start producing again before everything really, really goes tits-up.
We need to dispel the fear.

In fairness, many people are waiting to be told what to do - this has been prevalent throughout the lockdown.

As a nation, we are sheep - waiting to be herded in the right direction. That's why there was such uproar about the "unclear" guidance when the lockdown was initially eased - people want specific instructions.

So, until the Government says "It's safe, you can go back to work now" then people won't.

[Jasandjules]

The Govt does not over rule your employer in the "Work from Home if possible" (I am aware for completeness of the shutting of locations and that does over rule your employer!)

Edited by Jasandjules on Friday 12th June 19:22

[zzrman]

Muzzer79 said:

So, until the Government says "It's safe, you can go back to work now" then people won't.

The likelihood of this government saying that explicitly is between Slim and None and Slim's out of town.

[anxious_ant]

Well you can insist not coming in but in this climate, especially with recession coming, it's a big risk.
Not too difficult to make you redundant.

[Dixy]

Why does your employer want you back in the office rather than working from home.
What do they get from having you in the office, have you discussed it with them.

[Lenovo]

Dixy said:

Why does your employer want you back in the office rather than working from home.
What do they get from having you in the office, have you discussed it with them.

I’m not sure, it didn’t come up during the chat. My manger just said they wanted ‘boots on the ground’. I will ask my him next time we have a catch-up what site will gain from me coming back. It’s mostly programming I do so in my mind as long as I can connect to site’s systems it doesn’t really matter where am I, so I’m not sure why they want me back so soon. TBH I feel I’ve gotten some great work done from home as I’m not getting interrupted so much as I normally do in a busy office.

[Boosted LS1]

OP, excuse me for asking but in what way are you vulnerable and are you 'shielded'?

[fastraxx]

Lenovo said:

I’m not sure, it didn’t come up during the chat. My manger just said they wanted ‘boots on the ground’. I will ask my him next time we have a catch-up what site will gain from me coming back. It’s mostly programming I do so in my mind as long as I can connect to site’s systems it doesn’t really matter where am I, so I’m not sure why they want me back so soon. TBH I feel I’ve gotten some great work done from home as I’m not getting interrupted so much as I normally do in a busy office.

I am amazed that it's possible to have this conversation without covering these key points.

[ging84]

Jarcy said:

It seems that it will be far more difficult for the government to get people back to work, than to tell them to stay at home.
Many people are quite happy with their new working from home arrangement, and are reluctant to return to office life. They feel empowered by their new found ability to be trusted to work efficiently and diligently. Because they are busy, they don't see the drop in productivity or the loss of enterprise and inspiration that results from collaborative working. In the meantime, the UK economy has shrunk 20.4%!

If you're not comfortable to return to work now, when will you be?
What is your personal milestone that you're waiting for?
We now need the mindset that we are soon returning to normal work.

The risks are now very low (even though we've not reduced our rates as well as our European neighbours).
Yes there are still risks, but these are risks that we need to start taking.
We need to grow some balls, isolate granny, but get out and start producing again before everything really, really goes tits-up.
We need to dispel the fear.

I think that is an obviously biased position against home working.
The UK economy shrunk 20%, because 25% of the work force are on furlough so not working at all, and many many more are on reduced hours or are having to work in less efficient ways due to spacing requirements.
The people currently working from home may be working with less efficiency, the same efficiency or even more efficiency, overall it's got probably nothing to do with that 20% drop.

There is a limit to the amount of contact / interaction we can return back to without the virus returning in full force. No one knows what that limit is, but if people act selfishly and make decisions that increase interaction based on marginal productivity gain or worse, personal preference and prejudice we'll find that limit much sooner and there will be more people who end up not being able to go back to work at all.

[Lenovo]

fastraxx said:

I am amazed that it's possible to have this conversation without covering these key points.

Not really, he said his bit, I said mine then he said he’d check with HR and get back to me.

[fastraxx]

Lenovo said:

Not really, he said his bit, I said mine then he said he’d check with HR and get back to me.

What's 'not really?' - I didn't ask you anything. Maybe you should go into the office instead of whining.