Discontented
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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.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.
Is this the key point? So regardless of what your employer wants the gove guidance is to continue wfh?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.
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.Is this the key point? So regardless of what your employer wants the gove guidance is to continue wfh?
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.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.
Yes, and rightly so.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.
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.What's the concern with returning to the office, particularly if 90% of your colleagues definitely won't be there?
Sweet Jasus...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.
You do realise the "w" in wfh stands for work?Sooner or later, we all need to get on with life, and that includes going to work, if we want to keep getting paid
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: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.
those who could conceivably work from home have been encouraged to do so
AgreedIt is the employer who defines what is, and is not critical, not the employee
Agreedthere is no legislation in existence that says that employees who think they can work from home can unilaterally decide themselves to do so.
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.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.
...because that is their place of work?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.
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.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.
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