Coronavirus: Do I have to go back to work after lockdown?
Coronavirus: Do I have to go back to work after lockdown?
(about 1 month later)
The government has started easing lockdown restrictions, with more people now encouraged to start returning to work.
With many shops in England starting to reopen, the number of people back at work is growing. Cafes, restaurants and pubs could follow as soon as 4 July.
But for many, concerns remain about the risk of contracting the coronavirus once back in the workplace.
Many people fear contracting coronavirus once they return to work. So, what are your rights?
Can you be forced back to work and what are your rights if you are?
Should I be returning to work?
What has the government said?
Employees who can work from home are advised by the government to continue to do so.
On Sunday, Prime Minister Boris Johnson said that those who could not work from home should be "actively encouraged to go to work" in England.
For those who do return, full government guidance on working safely has been issued for everywhere from building sites to offices and shops. It includes separate advice for Scotland, Wales and Northern Ireland.
Mr Johnson singled out people in construction and manufacturing as those who could not work from home, who should return to building sites and factories.
Firms should be ready to "move quickly" if the rules change, says the Chartered Institute of Personnel and Development.
The devolved governments of Scotland, Wales and Northern Ireland are sticking with the government's former mantra of: "Stay at home" and not encouraging a return to work.
That means employees might have little notice if their company wants them to get back to work.
I'm in an at-risk group, will I have to go back to work?
Can my boss make me work despite coronavirus?
The 1.5 million people in England classified as being at high-risk if they catch coronavirus were advised not to leave their homes for 12 weeks from 23 March.
This may soon become an issue for workers in the hospitality sector, says employment law expert Simon Rice-Birchall from Eversheds Sutherland.
They included people who have received organ transplants or are on immunosuppression drugs.
After all, these are public-facing jobs and potentially carry a higher risk of catching the virus.
Faye Law, senior adviser and conciliator at the Advisory, Conciliation and Arbitration Service (Acas) says these people, and millions of others considered extremely vulnerable, are not expected to return to their workplace.
Mr Rice-Birchall says that if people do not show up for work when asked, they should not expect to get paid. However, employers should be "extremely careful" about deciding to discipline or sack them.
Separately, people who are at-risk - but did not receive a letter from the government encouraging them to shield for 12 weeks - could have to return to work, but Ms Law says their employer should ensure strict social distancing rules are in place.
Under employment law, workers have the right to walk off the job to protect themselves from "serious and imminent" danger, he says.
Can my boss make me work during lockdown?
Firms may think they are enforcing social distancing rules, but "no employer can police a workplace properly," he adds.
Employment law expert Simon Rice-Birchall, from Eversheds Sutherland, thinks it would be difficult for an employer to force people to return to an office if they have shown that they can do their job from home.
Will vulnerable people have to return to work?
However, those who are told to go in will not be entitled to sick pay if they choose to stay at home because they are worried about contracting the virus, he says.
There are 1.5 million people in England classified as being at high-risk, including those who have received organ transplants or are on immunosuppression drugs.
"Somebody that's vulnerable at home isn't sick," he says.
Employers must be "especially careful" to protect such people, says Tom Neil, senior adviser at arbitration service Acas.
At the moment, government advice to work from home effectively overrides the content of most employment contracts, which require us to go to work, says Mr Rice-Birchall.
This may include varying their responsibilities, or keeping them on furlough until it is safer for them to return.
But David D'Souza from the Chartered Institute of Personnel and Development says his organisation has been told about employers forcing people to work.
"Particularly strict" social distancing rules should be in place to protect those who do return, says Mr Neil.
"That is of huge concern in terms of people's physical and mental wellbeing," he says.
What if I don't think my workplace is safe?
"And whilst it's understandable that organisations are trying to sustain themselves, doing that by having people working under conditions of duress is not what you would want to see in a modern economy.
Employers must follow a strict code of measures, which can include:
"Any return to work should only be done if these criteria can be met: It's necessary, it's safe, and it's mutually agreed".
If employees are unhappy and their employer has not addressed their concerns, they should contact their local authority or the Health and Safety Executive, who can force firms to take action.
Tim Sharp, from the Trades Union Congress, says forcing people to return to work like that could put employers on the wrong side of the law.
The Trades Union Congress (TUC) says companies should publish risk assessments, so employees know what safety measures are being taken. However, it says that not all firms have done so.
For example, you're not required to work if you hold "a reasonable belief that there's a serious and imminent threat" to your health, he says.
"Employers who fail to keep their workers safe must be fined - and if necessary, shut down, " says TUC general secretary Frances O'Grady.
What can I do if I'm unhappy with post-lockdown changes to my work site?
How do I get to work safely?
Both Ms Law and Mr Rice-Birchall said employees should speak to their bosses in the first instance if workplace social distancing isn't being adhered to.
Many people are afraid that using public transport will expose them to the risk of being infected by coronavirus.
Mr Rice-Birchall said he expects a rise in employment disputes between employees who don't feel safe at work and employers who argue that their roles can only be done on-site.
Employers are being encouraged to stagger working times, so workers can avoid rush hour.
In these cases, Mr Rice-Burchill said disputes would arise if workers believe they are entitled to leave a site if they don't feel safe.
They are being asked to consider parking and bike storage for people who want to drive or cycle.
"To my mind, they can only refuse to work if there has been an obvious disregard for what the government wants employers to implement, for example social distancing," he said.
Acas says employers should discuss with returning staff how they will travel to and from work and offer help.
The government says if employees remain unhappy with the social distancing in place at work, they should report it to their local authority or the Health and Safety Executive who can force an employer to take further action.
How will people on furlough be affected?
Which workers are likely to return to work first?
At least seven out of 10 UK firms have reported furloughing workers.
The Prime Minister encouraging construction workers and those on factory lines back to work was expected, in part because those roles are simply impossible to do remotely.
From July, businesses will be able to bring furloughed employees back part-time.
Workers in those sectors will likely to return to work in the coming days and weeks, according to Charlie Netherton, from Marsh Risk Consulting.
But when the scheme finishes at the end of October, companies may not be able to pay all their workers and could cut jobs.
At the other end of the spectrum, professional services firms have proved they can operate quite effectively with the majority working from home.
Companies don't have to keep on employees when furlough ends and cannot use these payments to subsidise redundancy packages.
As a result, Mr Netherton says the government is not likely to prioritise getting office workers back to their desks.
But employers could face allegations of discrimination if they only keep on staff who worked through the crisis, says Acas.
But the picture becomes complicated in the entertainment and retail sectors, because it is unclear when people will feel comfortable returning to shops, bars and restaurants.
People with underlying health conditions might be more likely to go on furlough, while the woman in a household is more likely to be the one that stays at home with the children.
"I suspect a number of people will be cautious," Mr Netherton says questioning whether it would be economically viable for restaurants to open their doors again, even if they were allowed to do so.
If my children are at home, can I be forced to go to work?
"Retail organisations are keen to start selling again, the challenge they have is understanding when the customers will return," says Mr D'Souza from the CIPD.
Prime Minister Boris Johnson has said that if schools are not open and workers cannot get childcare, employers should not expect staff to return.
I'm currently furloughed so cannot return to work, how will I be affected?
While it is not necessarily legal protection if you refuse to go to work, Mr Johnson said parents and guardians who are unable to return "must be defended and protected on that basis".
Coronavirus restrictions mean the work of many firms has come to a standstill. Pubs, restaurants, cafes, travel firms and estate agents are among those hit.
The Government says about 800,000 employers have reported furloughing workers since 20 April, when the programme started.
Some firms have forced staff to choose between working for 80% of their salary or being furloughed.
Companies don't have to keep on any employees when furlough ends, and cannot use these payments to subsidise redundancy packages.
The hope is that by the time the scheme ends, restrictions will have lifted and businesses can start paying full salaries again.
But employers could face allegations of discrimination if they only keep on staff who worked through the crisis, according to Ms Law.
"You could find it indirectly discriminates on the basis of disability, because people might be more likely to choose furlough as an option because they've got an underlying health condition," she says.
"Or it might also be sex discrimination because it's more likely the case that it's the woman in a household that stays at home with the children."
If my children are still at home, can I be forced to go to work?
Boris Johnson was clear on Monday that if schools are not open and furloughed workers cannot get childcare, then employers should not expect staff to return.
He called it an "obvious barrier to their ability to get back to work".
While this is not necessarily legal protection if you refuse to go to work, Mr Johnson said parents and guardians who are prevented from returning "must be defended and protected on that basis".
So, the guidance would seem to be that employers cannot force a return if there is no provision for children.
It is likely that childcare issues will continue for a few more weeks at least. Primary schools are not expected to start re-opening fully until next month. And Monday's return-to-work government documents warned it may be necessary for childcare providers to introduce a temporary cap on numbers to ensure that safety is prioritised.
For Neil Leitch, chief executive of the Early Years Alliance, the situation still remains far too "vague" for parents and the childcare sector.
"Nurseries, pre-schools and childminders need a clear plan of action on how they are going to be supported, both practically and financially, to reopen as lockdown eases," he said.
