Asked to come back to office

[Discontented]

Hello, are there any rights for an employee when being asked to come back to the office full time when 90% of the office are still at home with no plans for them to come back? If your manager asks you to come back full time, can you do anything about it? My job is naturally a hybrid type job but as with a lot of people before the pandemic I was in the office full time. I dont know where I stand when 90% of the staff are still working from home and no official company direction has been indicated.

I think there is a legal right for an employee to request to work from home, but is that it? If the company just says no then that kind of gives that legislation no teeth.

 

[elcato]

I don't know the legalities but there will come a time when we will all be going back to the office unless your job had a WFH policy in place prior to Covid. While many companies have seen it can be done using the hybrid model they are under no obligatons. Are you sure your job is as hybrid as you say ? Why do you think they are asking you and not the other 90% back full time ? Have you discussed your concerns with them ? My company have asked each person for their current preferance in anticipation of returning to the office. I know they will insist on some days in the office but I'm not that fussed either way as we had a bit of give prior to lockdown anyway.

 

[Marsupial]

Well the Citizens Information website states that you should work from home, unless your work is an essential service that cannot be done from home. (latest update 03/08/2021).

"Under current restrictions, everyone should continue to work from home unless absolutely necessary to attend in person. Read about the restrictions in place now.

The Health and Safety Authority (HSA) has guidance on working from home for employees and an FAQ section if you are working at home on a temporary basis during COVID-19.

The code of practice on the right to disconnect is effective since 1 April 2021 and applies to all employees, including people working from home. It provides guidance on an employee’s right to disengage from work outside normal working hours.

You should engage with your employer as soon as possible if you have concerns about being asked to attend your workplace.

Employees' rights and entitlements

Employees have a number of legal employment rights and protections in Ireland.

www.citizensinformation.ie

 

[Leo]

I think there is a legal right for an employee to request to work from home, but is that it? If the company just says no then that kind of gives that legislation no teeth.

The proposed legislation will provide the right for an employee to request to be allowed to work from home once per annum, but the company are fully entitled to reject that request if it is not also in their interest. So the legislation may well have no teeth as you put it, but it wouldn't make sense to legislate for an absolute right to work from home.

At the moment, there is no such entitlement to request home working, and beyond the public health guidance, there is no obligation on an employer to allow employees to work from home.

I wonder if your choice of user name suggests a greater problem with your current employment? If an ongoing ability to work remotely is important to you, perhaps you should look for a new employer?

 

[ArthurMcB]

Well the Citizens Information website states that you should work from home, unless your work is an essential service that cannot be done from home. (latest update 03/08/2021).

"Under current restrictions, everyone should continue to work from home unless absolutely necessary to attend in person. Read about the restrictions in place now.

Is this the key point? So regardless of what your employer wants the gove guidance is to continue wfh?

 

[Leo]

Is this the key point? So regardless of what your employer wants the gove guidance is to continue wfh?

That is indeed the government guidance, (and note it is just that), but it is the employer who decides whether presenting in person is necessary.

Of course, employers have a duty of care to their employees, so the majority are facilitating remote work where possible and where it is not detracting from their business too much. There is a balancing act here, an ability to work remotely is no good if the business becomes unviable. We'd need to know a lot more from the OP on the nature of their work versus others who are being facilitated in working remotely, and perhaps even their performance versus others in a similar role to get close to understanding if the employer is being unreasonable here.

 

[Purple]

That is indeed the government guidance, (and note it is just that), but it is the employer who decides whether presenting in person is necessary.

Of course, employers have a duty of care to their employees, so the majority are facilitating remote work where possible and where it is not detracting from their business too much. There is a balancing act here, an ability to work remotely is no good if the business becomes unviable. We'd need to know a lot more from the OP on the nature of their work versus others who are being facilitated in working remotely, and perhaps even their performance versus others in a similar role to get close to understanding if the employer is being unreasonable here.

And if 90% of the staff are still working from home the place will be 90% empty so the risk of catching Covid will be greatly reduced.

 

[Purple]

I think there is a legal right for an employee to request to work from home, but is that it? If the company just says no then that kind of gives that legislation no teeth.

Yes, and rightly so.

 

[ArthurMcB]

Ok so if you have a situation (and the OP would need to confirm) where:

1. Gove guidance is wfh where appropriate.
2. Company has 90% staff wfh.
3. Manager asks particular individual to return to office in spite of there being no formal company policy to do so.

If that individuals presence in office isnt critical then that individual can reasonably say no to employer, that they would like to follow gove guidance and continue wfh like majority of colleagues.

If employer sanctions this individual then they may foul foul of the law.

 

[Clamball]

Not much rights currently I am afraid. Our company want all staff back in office 1-2 days a week from Sept 1st, building up to 80% occupancy by end October. But they did bring in one team already and I brought back in my team, but I am in a satellite office. But there was a good reason in each case and it was clearly communicated to everyone.

There would be a good 20% of the company who want to be back full time, and another 20% who want full time WFH, and all the rest hybriding in the middle. Our company are going to offer staff 40% wfh from October.

it wasn’t easy for our team to come back, we always had a few in to keep essential work moving along but we had a big project that we needed all hands in work. They all came in but rarely had a full complement in between getting the vaccine, getting sick from the vaccine, crèche closing due to Covid so no childcare, self isolating, restricting movements, chest infection, you name it we had in.

 

[MrEarl]

Hello,

What's the concern with returning to the office, particularly if 90% of your colleagues definitely won't be there?

I was recently asked to go into the office for a few hours, and while I wanted to say no (simply because I didn't fancy it), I said yes. There was only one other person there, who kept a minimum of about 3 meters away from me, at all times. It was clear that my employer had taken all reasonable precautions, I felt very safe from a Covid - 19 perspective, and even scored a couple of brownie points with my boss, for going in.

Sooner or later, we all need to get on with life, and that includes going to work, if we want to keep getting paid

 

[Gordon Gekko]

Sadly, some people are going to look to take advantage of the pandemic.

The onus is on employers to come down on them like a ton of bricks and on their fellow employees to highlight any selfish and opportunistic behaviour.

It’s always the usual suspects, always…

 

[ArthurMcB]

What's the concern with returning to the office, particularly if 90% of your colleagues definitely won't be there?

It may not be a concern per se that the OP has, he will need to answer for himself. It could be that his preference is to wfh maybe due to commute, family dynamic who knows. Also, given current gove guidance he may feel a responsibility to adhere to that given that numbers at the moment are very high. If, as well, there has been no issue with his performance or that of the business while wfh then why would t he continue wfh....i would be saying no to the compant if thats how I felt and unless they had a valid reason for requiring him in office.

 

[Purple]

Ok so if you have a situation (and the OP would need to confirm) where:

1. Gove guidance is wfh where appropriate.
2. Company has 90% staff wfh.
3. Manager asks particular individual to return to office in spite of there being no formal company policy to do so.

If that individuals presence in office isnt critical then that individual can reasonably say no to employer, that they would like to follow gove guidance and continue wfh like majority of colleagues.

If employer sanctions this individual then they may foul foul of the law.

Sweet Jasus...

 

[ArthurMcB]

Sooner or later, we all need to get on with life, and that includes going to work, if we want to keep getting paid

You do realise the "w" in wfh stands for work?

 

[Leo]

If that individuals presence in office isnt critical then that individual can reasonably say no to employer, that they would like to follow gove guidance and continue wfh like majority of colleagues.

If employer sanctions this individual then they may foul foul of the law.

It is the employer who defines what is, and is not critical, not the employee. And note the current Government stance on public health measures remains:

those who could conceivably work from home have been encouraged to do so

Note the use of encouraged. It is not mandated, there is no legislation in existence that says that employees who think they can work from home can unilaterally decide themselves to do so. The authority and responsibility here remains solely with the employer.

The OP has decided not to respond to clarify their role versus others, so we still don't know whether they are being brought back ahead of others as part of a phased reopening, due to the specifics of their role or current assignments, or due to concerns with their performance while WFH.

The employee can of course refuse to return to the office, but doing so can open them up to dismissal.

 

[ArthurMcB]

It is the employer who defines what is, and is not critical, not the employee

Agreed

there is no legislation in existence that says that employees who think they can work from home can unilaterally decide themselves to do so.

Agreed

The point remains - the government still recommends and encourages wfh where its feasible and appropriate, subject as well to criticality of role and employer policy, employee performance etc.
OP would need to clarify his own situation in this regard, but as it stands:

1. If no issues with his performance while wfh or that of the business, and;
2. If his role is not so critical that it nessesitates him being in the office, and;
3. If 90% of workforce are wfh, and;
4. If there is no company policy on returning to work, and
5. Whilst numbers remain high and government guidance is what it is...

Then IMO the employee can ask his employer to allow him to remain wfh for the time being.

Employer would need a good reason, in light of the above, to insist he come back to office.

 

[Leo]

Then IMO the employee can ask his employer to allow him to remain wfh for the time being.

Employer would need a good reason, in light of the above, to insist he come back to office.

Absolutely, and a reasonable employer should be well able to explain and justify their decisions to the employee. But the bar for employers is low, so refusing to comply with a return to work order a matter of days before the remote work advice is phased out isn't a wise move.

 

[Steven Barrett]

It may not be a concern per se that the OP has, he will need to answer for himself. It could be that his preference is to wfh maybe due to commute, family dynamic who knows. Also, given current gove guidance he may feel a responsibility to adhere to that given that numbers at the moment are very high. If, as well, there has been no issue with his performance or that of the business while wfh then why would t he continue wfh....i would be saying no to the compant if thats how I felt and unless they had a valid reason for requiring him in office.

...because that is their place of work?

 

[ArthurMcB]

refusing to comply with a return to work order a matter of days before the remote work advice is phased out isn't a wise move.

The OP is saying that his manager is requesting him back in when 90% of his colleagues continue to wfh. In the overall context this isnt a clear cut case of refusing to follow company orders. Its a different matter if his company is mandating employees to return.

But i do agree with you that employee should consider following their managers order unless they themselves have good reason not to....its not clear from OPs posts what the full situation is.

It is also fair to add that case numbers are currently high and so that shoukd be a factor that the employer and indeed the manager should consider.