Employer doesn't want me to work from home

Barny1979

Maybe the OP's productivity and output dropped, so the employer has concerns?

Anamox

Barny1979 said:

Maybe the OP's productivity and output dropped, so the employer has concerns?

Whilst we're making assumptions that are in no way connected to anything the OP has said: maybe the employer is now worried about aliens attacking the office and wants OP to guard it?

poppy12345

Anamox said:

Barny1979 said:

Maybe the OP's productivity and output dropped, so the employer has concerns?

Whilst we're making assumptions that are in no way connected to anything the OP has said: maybe the employer is now worried about aliens attacking the office and wants OP to guard it?

You can make all the assumptions you want but if the employer decides they don't want them working from home they need to go into work.

Jeremy535897

The legislation permitting an individual to leave home to work is as follows:
"(4) Exception 2 is that it is reasonably necessary for P to leave or be outside P’s home— (a) for the purposes of work or to provide voluntary or charitable services, where it is not reasonably possible for P to work, or to provide those services, from home;  "
See https://www.legislation.gov.uk/uksi/2020/1200/pdfs/uksi_20201200_en.pdf paragraph 6(4).

The question here is who gets to decide whether it is reasonably possible for P to work at home or not? Most employment contracts for jobs which office based are silent on the subject of working from home because of a pandemic, for obvious reasons. The answer is that it is the employee, because the employee faces the sanctions if the law is broken. The commentary attached goes further, suggesting it would be a criminal offence for an employer to force an employee to go into the office when it is unnecessary to do so. Where the employee worked from home in the first lockdown, the employer would have to have a good reason as to why things have changed.
https://www.farrer.co.uk/news-and-insights/blogs/coronavirus-what-the-new-lockdown-regulations-mean-for-where-we-can-work-and-other-lockdown-updates/#

Thrugelmir

Anamox said:

Andy_L said:

KitA66 said:

A quick question which I can't find an answer for. I work in a small office. My employer doesn't want me to work from home, although I did work from home in Spring during the 1st lockdown. The latest info on the gov website says "You can leave home for work purposes, or to provide voluntary or charitable services, where you cannot do this from home." I'd rather WFH as its what's been prescribed, and I believe its the national effort to minimise transmissions. Is my employer able to decide themselves what constitutes work that cannot be done from home? When I questioned this earlier in the year I was told that they wanted someone in to answer the phone. And would I be fined if I was stopped by the Police if I said I was travelling to work?

"6. Going to work

To help contain the virus, everyone who can work effectively from home must do so. Where people cannot do so... they should continue to travel to their workplace. This is essential to keeping the country operating and supporting sectors and employers.

https://www.gov.uk/guidance/new-national-restrictions-from-5-november#going-to-work"

Is this not proving that the OP's employer is being unreasonable on something the government says must happen? They worked from home during the last lockdown, so OP can work effectively from home.

Are you connected to the OP in some way?  As you seem extremely well informed. 

Anamox

poppy12345 said:

Anamox said:

Barny1979 said:

Maybe the OP's productivity and output dropped, so the employer has concerns?

Whilst we're making assumptions that are in no way connected to anything the OP has said: maybe the employer is now worried about aliens attacking the office and wants OP to guard it?

You can make all the assumptions you want but if the employer decides they don't want them working from home they need to go into work.

I'll simplify things for you:

Point A: OP worked from home in first lockdown, no info given on whether or not their performance was adequate
Point B: government says you must work from home if possible
Point C: OP's employer, apparently without good reason or change, is now saying it is not possible despite point A and is now apparently contravening point B.

I know it's sometimes hard to understand issues experienced by another person, but I'm fairly certain it's even harder trawling the internet 10 hours a day trying your best to purposely avoid the point and offer potentially invalid (definitely unsubstantiated) information as if it is a fact.

You'll note several sources have been offered in this thread showing the OP's concerns may be justified in a legal context. Without further information we can't offer much more, but just stating the OP is unreasonable/a lazy home worker/should just lay down and take it is hardly helpful or respectful.

Elmer_BeFuddled

If they are classed as "clinically extremely vulnerable" the advice is:-

You should stay at home as much as possible but are encouraged to go outdoors for exercising and attending health appointments. You are strongly advised to work from home. If you cannot work from home, then you should not attend work.

Depends on OP's circumstances

Iamdebtfree

I think it's preposterous. Government guidance is clear. It says 'MUST work from home if you can'. OP can and did work from home yet is now expected to pointlessly needlessly risk their life purely because some idiot boss is power tripping. 

My husband's uncle died of Corona last week. His wife is positive and terrified.

A job, for most, is just some nonsense you get out of the way in order to feed and clothe yourself and have a roof above your head.

I've been working from home since mid March - my entire company has, literally all of us, bosses included. I'd be beyond furious if made to go into the office. Furious and helpless..

Unbelievable. 

I don't have any advice, just outraged on their behalf.

[Deleted User]

Anamox said:

KitA66 said:

Thanks for the advice and opinions. I'll feel more confident going back to work tomorrow. To a very few of the posters, its easy to come across a bit rude when someone is genuinely looking for advice. I always try to stick to the mantra that you should'nt type a message that you would'nt say to someones face. Keep safe all.

Never expect to find constructive ideas from people on this forum, you'll note nearly all of the ones which spend their life on here go on every thread and spread their views (as if its a fact) that any intelligent person would disagree with in most situations. They also ignore the point in most threads. My favourite post from one of the lifers commenting on this exact post was suggesting another member should cancel their Netflix and Amazon Prime subscription to help save up £60k rather than getting a Help To Buy loan, when the OP questioned their stupid comment the other lifers came in and started supporting saying "it all adds up". 

I'm sorry I couldn't add anything more constructive, I fear anything any reasonable comment here will have six lifers responding with something like "the employer has a right to give them COVID, prove us wrong".

Do not incite drama, it derails posts and doesn't help anyone 😡
Remember, this is a public forum and everyone has the choice whether they stay, read, and/or comment - but inciting drama never helps.

unforeseen

Iamdebtfree said:

I think it's preposterous. Government guidance is clear. It says 'MUST work from home if you can'. OP can and did work from home yet is now expected to pointlessly needlessly risk their life purely because some idiot boss is power tripping. 

My husband's uncle died of Corona last week. His wife is positive and terrified.

A job, for most, is just some nonsense you get out of the way in order to feed and clothe yourself and have a roof above your head.

I've been working from home since mid March - my entire company has, literally all of us, bosses included. I'd be beyond furious if made to go into the office. Furious and helpless..

Unbelievable. 

I don't have any advice, just outraged on their behalf.

Government guidance might say "must" but that is not what the legislation says. 
Legislation trumps guidance.