Working from Home

darklight2
darklight2 Posts: 19
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Hi all,
Due to the pandemic a  lot of people have been working from home.  I was wondering what the legal situation regarding this, can an employer force you to work from home?  Obviously lock down is easing so lots of work places are now  opening, but I just wanted to understand what the employees rights are.   I know it has a lot to do with employment contract too.  In my current employment contract it says I may be required to work in other suitable locations.  If an employee refuses to would they be in breach of contract and can the employer take legal action?   
Thanks

Comments

  • sharpe106
    sharpe106 Posts: 3,559
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    They can't force you to work from home, but if they want you to work from home because they can't make the office so called covid secure, the options available to the company will probably not end well for you.

    If they just want you to work from home to save themselves some money then that would depend on your contract. Which if all your contract says is required to work in other suitable locations, your home is not a suitable location if you decide it is not. 

  • darklight2
    darklight2 Posts: 19
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    sharpe106 said:
    They can't force you to work from home, but if they want you to work from home because they can't make the office so called covid secure, the options available to the company will probably not end well for you.

    If they just want you to work from home to save themselves some money then that would depend on your contract. Which if all your contract says is required to work in other suitable locations, your home is not a suitable location if you decide it is not. 


    Thanks for the reply.   I actually wouldn't mind them terminating my contract immediately.  The only thing that worries me is if I have to pay back notice period etc to them.
  • sharpe106
    sharpe106 Posts: 3,559
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    Why are they wanting you to work from home? as if it is just because it suits them then you are in a better position, as it would be classed as unfair. If it is because they can not make the place covid secure then it would be more difficult, as it is not actually their fault, obviously unless they have not tried. 
  • dori2o
    dori2o Posts: 8,150
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    Whilst some restrictions from Lockdown are easing, the official guidance is still that where it is possible for people to work from home they should be doing so.
    In my opinion far too many employers are forcing staff back into offices where they have the capability to be working from home.
    If you are not comfortable working from home, for whatever reason, and your employer is bringing satff back to the office, then you cannot be forced to work from home unless it forms part of your contract, or unless there are certain reasons why they cannot allow you back.
    As sharpe106 says, if they are asking all staff to work from home because they cannot make the office compliant with current guidelines then that is a different issue.
    However, people need to consider that the current guidelines on office layouts/social distancing are not going to be removed overnight or in the immediate future.  This could go on for many many months to come, possible even years.
    Working from home full time or even part time (sharing home working and office working on a rota type basis) is likely to be an issue for many people for the foreseeable future.
    If some people have returned to your office and you are desperate to return then it's best you speak with your employer to see if they can accommodate.
    [SIZE=-1]To equate judgement and wisdom with occupation is at best . . . insulting.
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  • jonnygee2
    jonnygee2 Posts: 2,086
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    edited 6 July 2020 at 1:59PM
    In my current employment contract it says I may be required to work in other suitable locations.  If an employee refuses to would they be in breach of contract and can the employer take legal action?   

    Clearly the lockdown and continuing pandemic is exceptional - people are being expected to work from home even when their homes are unsuitable. This won't have been tested in any employment tribunal yet, but I suspect that while the government advice remains to work from home where that is possible (which it does), then tribunals will expect employees to follow that advice. In addition, before opening the office, the company would of course need to make sure that's safe for everyone, including security staff, cleaners, other people who share the building etc. Until a safe building is operational, I think it would be unreasonable for an employee to do anything other than continue their work from home even where this is difficult. If the employee cannot actually work from home, this ought to be discussed with the employer directly.

    Fast forward to a situation where there is a safe, operational office, but for some reason the company doesn't want someone to work there. Or a situation where the company has made a decision that will change a job to being permanently work from home -  for example they have closed their office and ended the lease. In those cases, depending on circumstances they could still end the contract. Under two years employment they could end the contract easily by giving notice, over two years employment they could initiate a redundancy, which would not be unfair. You say you wouldn't mind this but just making the position clear. They couldn't end the contract without giving notice. 

  • TBagpuss
    TBagpuss Posts: 11,198
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    Have you been working from home, or have you been furloughed and are now being asked to return to work, but to work from home?
    You are of course free to refuse to work from home, but I think in the current situation, unless you have been working on site until now, that would be likely to be seen as refusing a reasonable instruction from your employer which could result in disciplinary proceedings. 
    If you no longer want to work from them at all you can of course give notice. Many firms are having to reduce costs and if you want to leave immediately they may be willing to agree a shortened notice period, so they don't pay you and you don't owe them anything. 
    If you are willing to return to work but want to do so in the office / onsite then you can request that - whether it is possible will be very dependent on the specif employer and the nature of your job.
    Is there a particular reason you don't want to work from home? 
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • darklight2
    darklight2 Posts: 19
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    TBagpuss said:
    Have you been working from home, or have you been furloughed and are now being asked to return to work, but to work from home?
    You are of course free to refuse to work from home, but I think in the current situation, unless you have been working on site until now, that would be likely to be seen as refusing a reasonable instruction from your employer which could result in disciplinary proceedings. 
    If you no longer want to work from them at all you can of course give notice. Many firms are having to reduce costs and if you want to leave immediately they may be willing to agree a shortened notice period, so they don't pay you and you don't owe them anything. 
    If you are willing to return to work but want to do so in the office / onsite then you can request that - whether it is possible will be very dependent on the specif employer and the nature of your job.
    Is there a particular reason you don't want to work from home? 
    Hi there,
    I've been working from home all along.  I really can't stand it and I'm going to be expected to work from home for the rest of the year because I'm not allowed back in the office.   I'm actually working in an accountants and doing furlough claims for people.  The stress of it is just driving me crazy too and I just want to leave.  I have existing health issues.
    Thanks
    Sam
  • sharpe106
    sharpe106 Posts: 3,559
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    Why are you not allowed into the office?
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