Boss refuses wife's request to work from home even though it is entirely feasible

sammyjammy

Teaandscones said:

I have a similar problem as I have caring responsibilities for an elderly mother. I can work from home but my employer won't allow it because it isn't possible for others.  Fortunately I could walk out if necessary though I don't want to as I generally enjoy the work and have a good team, but I won't put my mother's life at risk for some macho posturing by my employer.

Could you ask for unpaid leave?  They might be relieved to lessen their costs for a while.

little_green

in a similar boat. 
completely possible for me to work from home & have done it on occasions previously albeit not for prolonged periods.  Spoke to the boss & was point blank refused. Later that day a rather threatening email was sent to staff basically saying those who didn't follow the "guidance" would be subject to disciplinary action. My ignorance as i thought the gov guidance was to work from home if possible, seconded by emails from higher up in the company with opening line "we are encouraging home working" it frustrates me as things like that are done as a tick box exercise but when it actually comes down to it you are made to feel like you are in the wrong. 
I want to know what the legal stance is. Media & gov keep saying self isolate for 14 days if you or anyone in household has symptoms yet in reality employers are making this very difficult & forcing you into a position of having to choose between your health & your job. 
Does self-isolation need to be taken as sick leave? Do you need a doctors line? 

spiritus

little_green said:

in a similar boat. 
completely possible for me to work from home & have done it on occasions previously albeit not for prolonged periods.  Spoke to the boss & was point blank refused. Later that day a rather threatening email was sent to staff basically saying those who didn't follow the "guidance" would be subject to disciplinary action. My ignorance as i thought the gov guidance was to work from home if possible, seconded by emails from higher up in the company with opening line "we are encouraging home working" it frustrates me as things like that are done as a tick box exercise but when it actually comes down to it you are made to feel like you are in the wrong. 
I want to know what the legal stance is. Media & gov keep saying self isolate for 14 days if you or anyone in household has symptoms yet in reality employers are making this very difficult & forcing you into a position of having to choose between your health & your job. 
Does self-isolation need to be taken as sick leave? Do you need a doctors line? 

Or you could just start coughing in the office.....

elsien

Teaandscones said:

I have a similar problem as I have caring responsibilities for an elderly mother. I can work from home but my employer won't allow it because it isn't possible for others.  Fortunately I could walk out if necessary though I don't want to as I generally enjoy the work and have a good team, but I won't put my mother's life at risk for some macho posturing by my employer.

OPs wife isn't living in the same house as or caring for an elderly relative. OP is doing that, so not quite the same situation. 

little_green

spiritus said:

little_green said:

in a similar boat. 
completely possible for me to work from home & have done it on occasions previously albeit not for prolonged periods.  Spoke to the boss & was point blank refused. Later that day a rather threatening email was sent to staff basically saying those who didn't follow the "guidance" would be subject to disciplinary action. My ignorance as i thought the gov guidance was to work from home if possible, seconded by emails from higher up in the company with opening line "we are encouraging home working" it frustrates me as things like that are done as a tick box exercise but when it actually comes down to it you are made to feel like you are in the wrong. 
I want to know what the legal stance is. Media & gov keep saying self isolate for 14 days if you or anyone in household has symptoms yet in reality employers are making this very difficult & forcing you into a position of having to choose between your health & your job. 
Does self-isolation need to be taken as sick leave? Do you need a doctors line? 

Or you could just start coughing in the office.....

apparently we're only allowed to self isolate at home if we have written note from GP stating it was advised by them to do so ....

spiritus

little_green said:

apparently we're only allowed to self isolate at home if we have written note from GP stating it was advised by them to do so ....

I very much doubt that. The last thing GPs need now is hundreds of people demanding their time for a sick note.
I though it was upto the person themselves to determine if they self-isolate or not.

DanielGodfrey

Hi Spiritus
I am going to copy and paste my advice from another thread that deals with requests to work from home or self-isolate: 

This issue is coming up a lot at the moment with people understandably anxious about travelling into their place of work. 

• The starting position is that you are required to attend your normal place of work to do your normal pattern of work unless the employer has instructed you otherwise. 

• If you have more than 2 years' service and you are following government guidance to self-isolate because you have displayed one of the two main symptoms of Covid 19 (a new recurring cough or a fever) or because you are in a grouping that the government has identified as vulnerable, then a capability or conduct dismissal in those circumstances for not attending work is very likely to be unfair. 
• If you do not have 2 years' service, but do decide to self-isolate because you have displayed one of the two main symptoms of Covid 19 or are in a vulnerable group, then my advice would be to emphasise the risk to your health and safety and the health and safety of others when you explain to your employer why you are self-isolating. s.44 (detriment) and s.100 (dismissal)  Employment Rights Act 1996 provide protection when you take steps to avert danger that you reasonably believe to be serious and imminent.
• If you do or do not have 2 years' service and decide to self-isolate even though you do not have one of the two main symptoms and/or are not in a vulnerable group, you can still rely on the health and safety approach outlined above, but the approach is less robust in circumstances where you can't point to existing government guidance to justify the course of action you've taken. 

Bear in mind that all of this is just on your legal position - there's nothing stopping the employer from dismissing you in any event and forcing you into then trying to bring a claim on one of the grounds I've outlined above. That being said, ultimately your interest and your employer's interest is not completely aligned and so only you know what the right call is for you to do in the circumstances. 

Savvy_Sue

You can now get a self-isolation note from NHS 111 - this will be emailed to you, but can also be emailed to your work or to someone you trust if you don't have an email address. 

https://www.gov.uk/government/news/online-isolation-notes-launched-providing-proof-of-coronavirus-absence-from-work

spiritus

Has the situation changed in regards to my wife's request to work from home for a temporary period of time whilst the government's advice is still valid?
Her work can easily be done from home (as it has been in the past). She has even fulfilled key parts of her job when she's been abroad on holiday.
I think her boss is only keen for her to physically be in work so she is a physical presence to the customers.
In light of the statement from the PM this evening I would welcome further thoughts and advice......please be nice though.

Humdinger1

Spiritus 

What work does she do? Unless she's a key worker, her boss is delusional.   Has the decision been put in writing? Humdinger