Returning to office from remote working - conflicting government advice.

Jeepers_Creepers

Hi all.

A relative has been working from home without it affecting her work effectiveness or efficiency during the lockdowns (her work is carried out by phone and Zoom, even at the office). Her boss has agreed that she has worked successfully from home, but has now asked all 'remote-working' staff to return.

She has cited the latest government guidelines on the return to work ( eg: HoC BRIEFING PAPER Number CBP 8916, 11 March 2021 ‘Coronavirus: Returning to work’ ) as well as the just-released ‘Government’s roadmap to cautiously ease lockdown restrictions in England’. Both of these are seemingly unambiguous;

Item 2 in the list - "Those who are able to work from home" - 'X' where 'X' means "Offence to go to work / should not be asked to go to work for health and safety reasons". Later in that briefing paper, it says that 'the return to work situation will be reviewed on June 21st (-ish) at the earliest'.

From the 'Government’s roadmap to cautiously ease lockdown restrictions in England' there is; "As part of step one, there will be further limited changes from 29 March… At this point, the Stay at Home order will end, although many lockdown restrictions will remain. For example, you should continue to work from home where possible."

These seem completely unambiguous to me, and not open to interpretation.

I have read her messages to her boss, and can confirm they are reasonable, fact-based, and unemotive, and also asks him to correct her if she has misinterpreted these guidelines. Instead of doing this, her boss has suddenly escalated the issue and has threatened to take legal action against her to make her return.

She therefore phoned up the Health and Safety executive this morning for clarification, and they told her "If your workplace follows C-19 secure guidelines, then the boss can ask you to come back to work even if you can work ok from home..."

This was a 'wow' moment, but she has immediately accepted that the guidelines she was following were seemingly not correct and has agreed to return. 

How can these two guidelines from government sources seemingly be at such odds?

Thanks for any comments.

Billy_B_North

Why would government guidelines matter? They are exactly that, guidelines, not laws.
The decision is her manager’s, and while she can ask that she continue to work from home, she has no right to insist.

DCFC79

OP they are just guidelines.
I do find the threat of legal action to make her return is a bit over the top.

moneysavinghero

Sound like your friend has been with the employer for more than 26 weeks. Therefore she has the legal right to request flexible working - this can include working from home.

Her employer could only turn this down for one of the following reasons:

• the burden of additional costs
• an inability to reorganise work amongst existing staff
• an inability to recruit additional staff
• a detrimental impact on quality
• a detrimental impact on performance
• a detrimental effect on ability to meet customer demand
• insufficient work for the periods the employee proposes to work
• a planned structural change to your business

As they have already agreed she has  been working from home successfully it may be hard (but not impossible) to find a reason to turn down her request.

Takeaway_Addict

moneysavinghero said:

Sound like your friend has been with the employer for more than 26 weeks. Therefore she has the legal right to request flexible working - this can include working from home.

Her employer could only turn this down for one of the following reasons:

• the burden of additional costs
• an inability to reorganise work amongst existing staff
• an inability to recruit additional staff
• a detrimental impact on quality
• a detrimental impact on performance
• a detrimental effect on ability to meet customer demand
• insufficient work for the periods the employee proposes to work
• a planned structural change to your business

As they have already agreed she has  been working from home successfully it may be hard (but not impossible) to find a reason to turn down her request.

Though if they still refuse there is no easy fix, you'd have to go through a tribunal and still not get the end result you wanted.

AskAsk

as others have said, it is only guide lines so the employer can ask staff to return.  infection rates and death rates are falling to very low levels so employers are thinking it is safe for staff to return.

i personally can't wait for people to return to their offices as i know the arguments from people, who say that they are more effective working from home, but as a consumer, i find no one is dealing with issues when i call customer service or the council.

unforeseen

That is a badly written paper. It is conflating advice with something being an offence. 

TELLIT01

For many employers the simplest solution to those who are not being productive when working from home, is to get everybody working in the office.  It is also far easier to manage people when you see them on a day to day basis than when the only contact is via phone or video link.  Anybody can ask for flexible working but if it is declined there is little that can be done to force the employer's hand.

moneysavinghero

Takeaway_Addict said:

moneysavinghero said:

Sound like your friend has been with the employer for more than 26 weeks. Therefore she has the legal right to request flexible working - this can include working from home.

Her employer could only turn this down for one of the following reasons:

• the burden of additional costs
• an inability to reorganise work amongst existing staff
• an inability to recruit additional staff
• a detrimental impact on quality
• a detrimental impact on performance
• a detrimental effect on ability to meet customer demand
• insufficient work for the periods the employee proposes to work
• a planned structural change to your business

As they have already agreed she has  been working from home successfully it may be hard (but not impossible) to find a reason to turn down her request.

Though if they still refuse there is no easy fix, you'd have to go through a tribunal and still not get the end result you wanted.

Unfortunately as with all laws there does not tend to be an easy fix if the other side does not play ball. But if you don't at least ask for your legal rights then you can be sure that you want receive them.

General_Grant

moneysavinghero said:

Sound like your friend has been with the employer for more than 26 weeks. Therefore she has the legal right to request flexible working - this can include working from home.

Her employer could only turn this down for one of the following reasons:

• the burden of additional costs
• an inability to reorganise work amongst existing staff
• an inability to recruit additional staff
• a detrimental impact on quality
• a detrimental impact on performance
• a detrimental effect on ability to meet customer demand
• insufficient work for the periods the employee proposes to work
• a planned structural change to your business

As they have already agreed she has  been working from home successfully it may be hard (but not impossible) to find a reason to turn down her request.

How is it that we know that is the employer's view?

moneysavinghero

General_Grant said:

moneysavinghero said:

Sound like your friend has been with the employer for more than 26 weeks. Therefore she has the legal right to request flexible working - this can include working from home.

Her employer could only turn this down for one of the following reasons:

• the burden of additional costs
• an inability to reorganise work amongst existing staff
• an inability to recruit additional staff
• a detrimental impact on quality
• a detrimental impact on performance
• a detrimental effect on ability to meet customer demand
• insufficient work for the periods the employee proposes to work
• a planned structural change to your business

As they have already agreed she has  been working from home successfully it may be hard (but not impossible) to find a reason to turn down her request.

How is it that we know that is the employer's view?

The OP stated that

Her boss has agreed that she has worked successfully from home

Of course the OP could be lying or the relative could have lied to the OP or the employer could have lied to the relative. But i trust what has been said and taken everything as said.