Employer forcing return to work after furlough

090889

Hi, my employer has sent a text claiming that I must return to work tomorrow (I am a fashion designer) as they can’t afford to keep the business closed any longer. They said any employees who don’t return to work will be on unpaid leave. 

I understand that they don’t have to furlough all employees and I have asked if I can be furloughed for a further 3 weeks as I don’t feel safe to return but they refused. Surely they can’t force me to either return to work or take unpaid leave when my working environment isn’t safe (we have to work in close proximity) to work in whilst the virus is still present? Any advice would be gratefully received. Thank you. 

[Deleted User]

Yes, they can.

poppy12345

Of course you can stay home if you want but you won't be paid. Sorry but this situation is very likely going to last for several months maybe more. There's people out there who have had no choice but to go to work. Stick to strict hygiene rules is the answer.

LilElvis

At least they're offering you unpaid leave - they could dismiss you.

Fire_Fox

090889 said:

Hi, my employer has sent a text claiming that I must return to work tomorrow (I am a fashion designer) as they can’t afford to keep the business closed any longer. They said any employees who don’t return to work will be on unpaid leave. 

I understand that they don’t have to furlough all employees and I have asked if I can be furloughed for a further 3 weeks as I don’t feel safe to return but they refused. Surely they can’t force me to either return to work or take unpaid leave when my working environment isn’t safe (we have to work in close proximity) to work in whilst the virus is still present? Any advice would be gratefully received. Thank you. 

Welcome to MSE. Unfortunately Coronavirus will be present for months or years to come. Businesses will have 'gone bust' by the time we find and make an effective vaccine, so the powers-that-be are strongly encouraging finding new ways to work.

You might use different language or approach this in a more positive, creative way: it does not matter to the virus whether employees feel safe, but whether an employer is taking all reasonable steps to ensure that employees are as safe as possible.

What can your employer do to reduce the proximity you have previously worked in, to abide by 'social distancing'? Shift patterns, working part-time from home/ part-time in the office, rearranging furniture or using spaces differently to spread people out, using adjustable dressforms instead of human models? Can you 'brainstorm' with other employees?

Ideally communicate with your employer/ follow up verbal conversations in writing so you have a paper trail (e-mail is fine, but text messages aren't great).

HTH.

sharpe106

If they let you furlough for another 3 weeks don’t you think every other employee would say the same. In very few jobs you can stay 2 meters away all the time but I would think that kind of job you can for a lot of it.

How long do you think you should be paid to be at home for? as I doubt very much in 3 weeks’ time the risk has gone.

Thrugelmir

Can you undertake some of your duties from home? Perhaps approach the matter with a positive mindset then your employer maybe more accomodating towards you. 

Mrsn

Yes of course they can make you come back to work, they have offered you an unpaid alternative the choice is of course yours.

Keyworkers in other sectors have been working away for the last few months in circumstances that you’ve described. We have to try and be as sensible as possible with precautions, service will have to begin to push through at some point because businesses will not survive otherwise.

[Deleted User]

Just remember that even if you have to go to work that doesn't mean they can ignore things like social distancing. Everyone needs to keep at least 2m away from you and they must provide stuff like hand sanitiser, soap and cleaning materials for any tools you use (computers, scissors etc.)

If anyone shows any signs or has reason to believe they might be infected then they can self isolate for two weeks. Doctor's note not required under new rules. Of course they will only get SSP.

unforeseen

Everyone needs to keep at least 2m away

You forgot the rider that is there for businesses. where possible

Mrsn

unforeseen said:

Everyone needs to keep at least 2m away

You forgot the rider that is there for businesses. where possible

Very true, the I work in a classroom where 2m isn’t feasible, 4-5 year olds quiet rightly don’t understand the need for spacing. Care homes, NHS and other public services are facing the same situation.