It’s Back To Work Day, But What Are My Rights If My Employer Is Making Me Go Back To Work And I Want To Work From Home?

This morning Boris Johnson held a press conference where he announced that from 1 August government advice on whether people should go back to work was changing. Rather than asking all employees to stay at home if they can, it will now be up to employers to decide if people can come back to work safely. He also said that people can now use public transport where available, but should wear a mask and maintain social distancing. But what if you don't feel safe - can your employer force you back to work?

Boris Johnson implied that this would be a conversation between employers and employees as to the safety, and need to return to work. 'Discussions between the employers and employees should take place, and people should take a decision, we want to encourage people to think it’s safe to return to work providing people think they should have done in the way that so many businesses have already done. If everyone thinks it can be done safely, people think the place of work is safe, then people should come in, but it’s not up to the government to make that decision.' How this works in practice is still unclear.

Employers have been told they will have to put in safety measures to ensure workplaces are 'Covid secure,' such as making sure people stagger their shifts in the office and that there is enough space between desks (you can find more information from the Government [about what a Covid-secure workplace could look like here)](http:// gov.uk/guidance/working-safely-during-coronavirus-covid-19.). But research by the Trades Union Congress, a federation of unions, found that one in three employees who had returned to work had not been shown safety plans by their employer.

All employees have the right by law to request flexible working which they could use to ask to work from home. Employers can only turn these requests down if they have reasonable cause to do so, for example if the type of work cannot be done from home. However this would be a permanent change to someone’s working arrangements and may be difficult to reverse.

Alexandra Mizzi of Howard Kennedy, another law firm, told the Telegraph that employers often use the potential impact on performance as a reason to refuse working from home requests. “However they will find it much harder to justify refusal when home working has worked out fairly well,” she added.

Another issue is childcare - many of us still don't have regular, reliable childcare available again, especially when we're relying on potentially vulnerable grandparents. A member of the public called Victoria asked the Prime Minister this very question during the press conference. He suggested that in that instance, grandparents would form part of your two-household social bubble which would make childcare feasible.

'I think your children’s grandparents would count as the bubble with one household you’re forming indoors, so I think you’ll be ok to continue those arrangements within your household.'

He also added that he was hoping social distancing measures could be further lifted in the winter. 'What we’re saying is that we hope that by November at the earliest, then it may conceivably be possible to move away from the social distancing measures by that time - that is entirely conditional on our ability to keep the virus under control, but I think on childcare Victoria, you’re going to be alright.'

But despite this, what if you still don't feel like you can go back to work because of other personal concerns or even childcare? Where do you stand in telling your employers you'd rather work from home?

We asked Danielle Parsons, employment lawyer at Slater and Gordon, what her advice is given the proposed new guidelines. She said:

'As we see a shift towards the return to work it is important that you stay on top of government guidance and are informed about what your employer should be doing to keep you safe.

'A key element to the guidance states that your employer should carry out a risk assessment in relation to Covid 19 and establish how this may affect your working environment. A safe working system should then be put into place to address any risks.

'If your workplace is re-opening or it appears that your employer is moving away from the option of working from home but you do not feel safe getting to and from work on public transport, for example, or have concerns with your environment once you get into the work place, such as a lack of social distancing or the level of cleanliness, it is very important that you raise these concerns with your manager immediately.

'Raising those concerns initially with your employer should mean that your concerns are heard and can then be addressed but if you feel that they are not being heard and you are being forced back into an unsafe working environment than the most important thing to do is act quickly.

'Check out the ACAS website for guidance on your legal rights, seek legal advice from a free advice line or contact an employment lawyer. Remember you have less than three months to act on any potential employment tribunal claim so it is imperative that you act promptly.'

READ MORE: How Coronavirus Is Changing The Way We Live