Refusal of a task

TBagpuss

TELLIT01 said:

No it's not the same.  Employers are responsible for staff within the office, but can't force office H&S standards within somebody's own home.  I know of a case where somebody working overtime collapsed at their desk and wouldn't have been found until the following Monday had they been working alone.  One suggestion I have heard made is that if it is necessary for somebody to work alone in an office either the employer or the employee calls the other every hour to confirm things are OK.  I don't know if that is permissible under current H&S legislation.

I suspect that it 's like a lot of things - they don't explicitly say what is or isn't OK, they expect employers to decide and then be willing to justify their decision in the event of anything happening !

Masomnia

I've only scanned through so sorry if this has been asked but is this a job you can do from home? Would the colleague you are accompanying have to work from the office?

Government guidance states you should work from home if you can so I think this is probably a better angle for you, but in contractual terms I think you're on a hiding to nothing if it's just that you don't want to go in. I wouldn't risk a disciplinary process that could result in your dismissal for gross misconduct if you want to leave anyway; just go and play along until you're out. You don't want to jeopardise a decent reference for your next employer just to be difficult for the sake of it.

moneysavinghero

TELLIT01 said:

moneysavinghero said:

Sncjw said:

It is a bit of a health and safety issue. If there were a fire and your trapped no one may realise until too late. 

Is that not the case for every person who works from home (unless their partner also works from home), not just for one person who has to work in an office alone for one day? And as it sounds like a small office, if one them is trapped then most likely both of them are trapped anyway.

No it's not the same.  Employers are responsible for staff within the office, but can't force office H&S standards within somebody's own home.  I know of a case where somebody working overtime collapsed at their desk and wouldn't have been found until the following Monday had they been working alone.  One suggestion I have heard made is that if it is necessary for somebody to work alone in an office either the employer or the employee calls the other every hour to confirm things are OK.  I don't know if that is permissible under current H&S legislation.

Not sure there are many employers that enforce this. Have worked late/early and been the only member of staff in the office on many occasions, and left the office leaving another colleague as the only member of staff left in the building on even more occasions. Quite commonplace. I would suggest more commonplace than employers who insist and two members of staff at all times.

TWIGLET1234

Hi Masomnia said:

I've only scanned through so sorry if this has been asked but is this a job you can do from home? Would the colleague you are accompanying have to work from the office?

Government guidance states you should work from home if you can so I think this is probably a better angle for you, but in contractual terms I think you're on a hiding to nothing if it's just that you don't want to go in. I wouldn't risk a disciplinary process that could result in your dismissal for gross misconduct if you want to leave anyway; just go and play along until you're out. You don't want to jeopardise a decent reference for your next employer just to be difficult for the sake of it.

No it does not need to be performed from the office and the office was shut completely for many months which is one of my arguments. The office could be shut again, and I have quoted government guidelines about working from home. He is now changing his tune and saying that I need to cover the office so my colleague is able to go out and about and have flexibility to attend meetings etc. Therefore, I’ll be left alone! H & S has never mattered before, it’s just a “reason” for him to force me to comply. 

I don’t need an onward reference as I’m not seeking employment for the foreseeable future 

68ComebackSpecial

TWIGLET1234 said:

I don’t need an onward reference as I’m not seeking employment for the foreseeable future 

Unless you plan on taking years out of the workforce then any future employer would expect a reference from your current employer as you have been there for such a long period.  Digging your heels in over a fairly minor matter may very well come back to bite you - is it really worth it?

TWIGLET1234

68ComebackSpecial said:

TWIGLET1234 said:

I don’t need an onward reference as I’m not seeking employment for the foreseeable future 

Unless you plan on taking years out of the workforce then any future employer would expect a reference from your current employer as you have been there for such a long period. 

Yes I will be taking several years out of employment if not forever. I have thought this all through already and have spoken with ACAS and obviously given them the full picture which is not written in this thread. Feeling confident overall in my approach now 

Dakta

At the end of the day, if your workplace is anything like mine they can have you back in the office if they want to.

If you don't, they'l likely do something about it. What? Depends how nasty they want to be. 

oh_really

moneysavinghero said:

TELLIT01 said:

moneysavinghero said:

Sncjw said:

It is a bit of a health and safety issue. If there were a fire and your trapped no one may realise until too late. 

Is that not the case for every person who works from home (unless their partner also works from home), not just for one person who has to work in an office alone for one day? And as it sounds like a small office, if one them is trapped then most likely both of them are trapped anyway.

No it's not the same.  Employers are responsible for staff within the office, but can't force office H&S standards within somebody's own home.  I know of a case where somebody working overtime collapsed at their desk and wouldn't have been found until the following Monday had they been working alone.  One suggestion I have heard made is that if it is necessary for somebody to work alone in an office either the employer or the employee calls the other every hour to confirm things are OK.  I don't know if that is permissible under current H&S legislation.

Not sure there are many employers that enforce this. Have worked late/early and been the only member of staff in the office on many occasions, and left the office leaving another colleague as the only member of staff left in the building on even more occasions. Quite commonplace. I would suggest more commonplace than employers who insist and two members of staff at all times.

No health & safety leadership, no lone working risk assessment. Should a person collapse ill, do they simply wait hoping maybe, someone, will be along shortly?  Please tell me this isn't a unionised workplace.

Anyanka1

OP, if you are done with this place and working in general, why not just resign/retire?

JamoLew

Anyanka1 said:

OP, if you are done with this place and working in general, why not just resign/retire?

I can think of one reason