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Can my boss make me go back to work after Boris Johnson eases lockdown?

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PEOPLE who can’t work from home are now being encouraged to go back to work in the first steps of easing the coronavirus lockdown.

In his address to the nation, Prime Minister Boris Johnson said that those who can’t do their jobs from home, such as those in construction or manufacturing, “should be actively encouraged to go to work” from today.

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Construction workers are among those who are encouraged to return to work

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Construction workers are among those who are encouraged to return to work Credit: Getty Images – Getty

This forms phase one of the government’s three step plan to get the country back up and running during the coronavirus pandemic, while also making sure that the NHS doesn’t become overwhelmed.

In a 50-page road to recovery published today, the government confirmed that the majority of retail staff won’t be asked to go back to work until at least July 4, when all non-essential shops may reopen as part of phase three, providing the virus doesn’t peak again.

Gyms, pubs, restaurants and cinemas are also part of phase three so employees won’t be asked to return to work for at least another few months.

But if you’re in one of the industries that are being encouraged to go back to work, such as childminders and food production firms, you may be anxious about what it means for you.

Businesses that must remain closed

WHILE the government is encouraging some to return to work, it says the following businesses and venues are required by law to stay closed to the public:

  • Restaurants and cafes, other than for takeaway
  • Pubs, cinemas, theatres and nightclubs
  • Clothing and electronics stores; hair, beauty and nail salons; and outdoor and indoor markets not selling food
  • Libraries, community centres, and youth centres
  • Indoor and outdoor leisure facilities such as bowling alleys, gyms, arcades and soft play facilities – although outdoor sports facilities, such as tennis and basketball courts, golf courses and bowling greens, will be allowed to reopen from May 13
  • Some communal places within parks, such as playgrounds and outdoor gyms
  • Places of worship (except for funerals)
  • Hotels, hostels, bed and breakfasts, campsites, caravan parks, and boarding houses for commercial/leisure use, excluding use by those who live in them permanently, those who are unable to return home and critical workers where they need to for work

Food retailers, food markets, and hardware stores can remain open, while garden centres and certain other retailers can reopen from May 13.

For those are who are self-isolating, living with someone vulnerable, caring for their children while schools are shut or need to use public transport, the thought of going back to work may be particularly daunting.

Here, we take you through your rights if you’re asked to go back to work during lockdown.

Can my boss make me go to work?

One thing the government has made clear is that those who are able to work from home should continue to do so.

If this is you, then your boss won’t be able to make you come into the office.

But employment expert Gary Rycroft from Resolver says that it’s “reasonable” for an employer to ask employees who aren’t able to do their job from home to return to work following the government’s instructions.

However, firms have a legal duty to keep staff safe when they’re at work.

Under Section 100 of the Employments Rights Act 1996, employees have the right to leave their jobs immediately if there is an imminent threat to health and safety.

“In the current situation, a failure for employers to provide for adequate social distancing measures in place could well equate to a reason to leave the place of work and return home,” said Gary.

“Employees in a union may well get support for such a grievance.”

If you’re worried that your employer isn’t taking all practical steps to promote social distancing at work, you should report them to your local authority.

What if I’m vulnerable or live with someone who is?

Even though lockdown restrictions are being eased, the disease is still a deadly threat to those who are particularly vulnerable, including pregnant women and people with underlying health conditions, such as diabetes or asthma.

The government advises that vulnerable people should continue to strictly limit how much time they spend outside.

Forcing a vulnerable person to go into work could be argued as “unfair and in some cases discriminatory” explained Gary.

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But living with someone who’s at high risk is not necessarily a reason an employee can refuse to return to work.

Gary said: “However, you can, as an employee, raise a grievance and ask to be listened to and hopefully a compromise may be agreed, such as unpaid leave or using up annual holiday, but if an employer can show that a workplace is safe, the employer may insist on an employee attending.”

What if I have coronavirus symptoms?

The two key symptoms of COVID-19 include a dry cough and a fever.

If you have symptoms of the virus, you must self-isolate for 7-days. This means you should not be going to work during this time.

If someone in your household has symptoms, you will need to self-isolate for 14-days and not leave your home, including to go to work.

Will I be fired or taken off furlough if I raise concerns?

“In theory, if an employee refuses to return to work, disciplinary action leading to dismissal may be initiated,” said Gary,

“However, if an employee is fired there is a risk to the employer that it will be an “unfair dismissal”.”

Unless the employer can show that it has acted reasonably, staff sacked over raising concerns are likely to be able to bring a successful case against them.

Boris Johnson urges nation to go back to work if they can’t work from home

While the government’s furlough scheme – where the state will pay 80 per cent up to £2,500 a month of the wages of staff who can’t work during lockdown – isn’t there to be abused, it may be the best solution in this instance.

Talk to your boss and explain your situation and concerns and see if there is a middle ground that you can both worth with.

What does my work need to do before I go back?

The PM has said that he wants to ensure that everyone is “safe at work”.

Guidance for employers published today says that they will need to ensure they can keep workers apart and encourage them not to use public transport before they can ask staff to return to offices.

To reduce possible transmission of the virus, employers must:

  • Change shift patterns or rotas to limit the number of people in the office at any one time
  • Take steps to stagger entry and exit, including varying shift times
  • Encourage workers to cycle, drive or walk rather than use public transport
  • Improve ventilation.

Businesses will also be expected to help stop people from gathering together, staggering entry and exit where possible.

They could also add bike storage facilities, more car parking, and install changing facilities to help people cycle, drive or walk to work.

Communal surfaces like door handles or lift buttons and communal areas like bathrooms, kitchens and tea points should also be cleaned frequently.

You can read previous guidelines released for employers in different industries who have been able to continue to operate throughout lockdown, which you can read here.

Can I use public transport?

Employees are advised to avoid using public transport if they can and instead get to work by car, foot or bike if you have one.

If it’s absolutely necessary that you have to get the bus, train or tube then you can.

Public transport will also be following strict COVID-secure standards, including asking passengers to cover their nose and mouths with a face mask.

 



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