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Can my employer force me to work from home instead of making me redundant?
Comments
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getmore4less wrote: »I don't think they can't force you to work from home so if you don't think it is suitable and the other office is to far or to inconvenient and no mobility clause, you probably should be redundant .
OP has been asked to check her contract for a mobility clause, and also to give some information about how far away the other office is, in terms of mileage and travel time. Really, without this additional information it isn't possible to say one way or the other.I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
One thing I do wonder is if there are some sort of regulations laid down as to minimum requirements necessary for a place to be considered suitable as a work location. This is the case in the case of an office or factory - so I would have thought there ought to be some similar requirements for the workplace - even if its ones home IYSWIM.
I know obviously no-one could possibly do any sort of work at all from a bedsit for instance - there isnt even enough space to LIVE properly in a bedsit (never mind work as well). So - I'm guessing there must be a minimum space requirement (over and above what is "out of bounds" - as its being used to actually live in), as well as all the minimum temperature, etc, requirements.
Wonder if anyone knows what the regulations are for physical accommodation requirements for using home as workplace? - or is there a gap in the law about this?0 -
As it's office work the Display Screen Equipment regs apply. As far as I'm aware it means you have to have a suitable environment (including a desk, chair etc). They should risk assess you to see if your home is suitable (although I think you can do this yourself) if they don't and say just provided you with a laptop they're ultimately liable if you developed a problem such as RSI. If setting you up to work safely from home isn't feasible as it breaches your tenancy agreement then it shouldn't be done.0
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A homeworking environment and equipment requires a health & safety risk assessment, this can be by completing a suitable pro forma or by a visiting assessor. Any shortcomings can then be met to ensure it is 'safe'.
The continual presence of a child may not be a health & safety issue but may be a reason why the 'home' is not suitable to allow the staff member to be fully effective. Our local council is now setting up 'hubs' to help provide office facilities for remote workers and mitigate job losses.
Perhaps the OP's employer could consider this or renting occassional desk space at a Regus (type) facility.0 -
There may be steps that the employer can take to provide suitable working arrangements for OP, but I think from her posts here and her other thread that she really wants be made redundant, and is looking for ways to resist a request to work elsewhere. But as she hasn't posted for a few days, maybe it is all sorted now.I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0
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you need to see a solicitor0
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