I suspect that you will be aware that Boris Johnson made a speech last night in which he set out the government’s initial proposals for a pathway out of the lockdown. I also suspect that, like much of the country, the speech has left you a little bit more confused as to what you are supposed to be doing next than you were before. The key question many will now be asking is “Do I have to return to work?”.
We have set out below some information that may assist you if your employer is now asking that you return to work.
In the speech, Johnson said as follows:
“We said that you should work from home if you can, and only go to work if you must.
We now need to stress that anyone who can’t work from home, for instance those in construction or manufacturing, should be actively encouraged to go to work. And we want it to be safe for you to get to work. So you should avoid public transport if at all possible – because we must and will maintain social distancing, and capacity will therefore be limited.
So work from home if you can, but you should go to work if you can’t work from home.”
This leaves many questions unanswered. For example:
- What do I do if I am worried about contracting COVID-19 at work?
- How do I know it is safe to return to work?
- How can I get to work if I should not be using public transport?
Even we, as employment lawyers, do not have the answers to all of the questions arising from the speech.
What we can tell you though is that your employer has a legal duty to ensure the health and safety of its workforce.
If your employer is asking you to return to work, you should bear in mind the following
- Your employer has a legal duty to take reasonable care for the health and safety of its workforce
- Employers are required to carry out risk assessments. You can ask your employer
- Employees should not suffer a detriment (i.e. be treated differently) because they brought to the attention of the employer concerns about health and safety. If the employee is dismissed for this reason, it will be an unfair dismissal.
- Employees should not suffer a detriment if they leave, propose to leave or refuse to return to work where they believe danger is serious and imminent. If the employee is dismissed for this reason, it will be an unfair dismissal.
It is difficult to cover every scenario but if you have concerns about returning to work, the first thing you should do is speak with your employer and share your concerns. If the employer insists on you returning and you remain concerned about doing so, you should raise a formal grievance.
There is more information on grievances here and you can access a template here.
If your employer continues to insist that you attend work, you will be left with the choice of returning to work or resigning. If you resign, you may have grounds for taking a claim for constructive unfair dismissal. Constructive dismissal claims can be difficult and resigning will leave you immediately without income. It is important therefore to take advice before resigning. We can assist with that. There is more information on constructive dismissal claims here.
Further reading
For more information on this subject, you might find our other articles useful:
- COVID-19 Employment Rights Q&A
- Am I entitled to Furlough Pay
- What are my employment rights with Coronavirus?
- Should I be paid if I am off work with Coronavirus?
Need help?
For an assessment of your case, call
We have already helped thousands of people to win millions of pounds in compensation.
You have a choice of ways to pay, including ‘no win, no fee’.