Back to the office: Your rights

GUIDANCE FROM CITIZENS ADVICE

SINCE the call for everyone who can to work from home in March 2020, many of us have been working in our front rooms, kitchens and bedrooms.

For some it will have been a nightmare of cramped conditions or a battle to juggle work and family life.

Others have been having the time of their lives, in the garden and working on a laptop in the sun.

The move back to the office likely to divide people again.

Citizens Advice LeicesterShire has set out what workers need to know if they are asked to return to the office: is

The short answer is yes. When you enter into a contract to work for an employer you have to comply with “reasonable management requests”.

That means your employer can ask you to return to your normal workplace if your original contract specified that you would be officebased or based elsewhere.

In practice and where possible, many employers are looking into or encouraging a blended model – some time at home and some in the office/workplace.

You can ask to keep working from home, but that does not mean your employer has to agree.

Start by having an open conversation with your employer about your wishes, and consider making a flexible working request, which is a legal right all employees have.

You can include your reasons why working from home is better for you and how it will also help the business.

Your employer has a legal duty under the law, and under your contract, to ensure your workplace does not pose a risk to your health and safety.

Current guidance says employers should complete a Covid risk assessment and take steps to prevent transmission, including frequent cleaning and social distancing. This is due to be updated.

While wearing a mask in an enclosed space will no longer be mandatory, employers will still be free to set their own policies – like requiring workers or customers to wear masks.

If you are unhappy with safety measures at your workplace, you could report your employer to the

Health and Safety Executive, but ideally you and your employer can solve the issues together.

Your employer’s duty is limited to things that are under its control and so there is no clear legal position about whether it has to take into account the risks you face when travelling to and from work, as part of its health and safety assessment.

That said, your employer should listen to your concerns if you are worried about having to use public transport after being called back into work.

You could reach an arrangement that you are comfortable with, for example, asking to travel at quieter times of the day.

You should not go into work if you are isolating because you have coronavirus symptoms or have been in contact with someone who has tested positive for coronavirus.

You must tell your employer that you have to isolate. It is worth telling them in writing so you have a record for later use.

If you are unable to work from home, you may be entitled to benefits, sick pay or a isolation payment of £500 from your council.

If you have been furloughed before by your employer, it might also be able to furlough you for the period you need to self-isolate. See the Citizens Advice website for more information.

Remember that the rules on selfisolating are changing.

From August, if you have had your second vaccination, you will not need to isolate if you have been in contact with someone who has tested positive for coronavirus.

If you have symptoms, you will need to isolate until you test negative. Richard Evans, chief officer of Citizens Advice LeicesterShire, said: “With restrictions ending and workplaces reopening, people will understandably have questions about their rights.

“While you can ask to continue working from home, your employer doesn’t have to agree.

“If you have any concerns, it’s important to talk with your employer as soon as possible so that you can reach a solution that works for both of you.”