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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To refuse to go back to the office

395 replies

tillytalks · 09/01/2021 10:46

I’m currently on mat leave and due back to work on the 15th March.

I work in an office with 12 other people.
At present everyone is in the office.

There is no reason why people can’t work from
home, and I’m pretty sure the reason is that management are the type that wouldn’t trust staff to work at home.
It’s a family run business and the owners are quite precious.

I’m really careful, I don’t mix, I follow the rules to the letter.

I’m 34, have mild asthma and I also have a high BMI (more than 30 but less than 40)
I’m working out and eating well so I’m hoping this will reduce.

Even still, I just don’t feel comfortable sitting in an office all day with 12 other people.
The office isn’t big. It’s a long room, and although we can distance, I feel like it would still be crowded.

I know that I wouldn’t be given any preferential treatment to work from home, but I haven’t asked so can’t be too sure.

I’ll be working 3 days per week and my son (who will be 13m) will be in a nursery.

I’m also aware that my son being in nursery puts me at risk which is something else I’ve been thinking over.

AIBU to not want to return?

OP posts:
Original poster
tillytalks · 09/01/2021 11:32

@underneaththeash

Could you delay your start date by a few weeks, things will be better after Easter. You could use holiday, or just take some parental leave.
@underneaththeash

I feel like they’ve already fucked me over with my start date.

My mat leave has had to end 3 weeks early so that I could use all my holiday entitlement from my previous holiday year.
If I’d been allowed to add this on to the end of my maternity, I wouldn’t have been returning until mid April.

I’ve already signed my new contract now so not sure where I stand.

OP posts:
merrymouse · 09/01/2021 11:33

It’s easy if you are in agreement with your employer about what measures should be taken, but if you aren’t you can only rely on the law.

Moondust001 · 09/01/2021 11:35

What you are happy to do is irrelevant. If your employer wants you in the office, then you go to the office. If you don't want to, then you resign or get fired.

BlueSussex · 09/01/2021 11:36

YANBU and it's really shit that the government have not ben more prescriptove about this.

The current lockdown just isn't going to work if so many employers insist their staff are still mixing when they could WFH.

Couple that with everyone and their dog claiming KW status (meaning those who really are KW are having issues getting school places) and its another Tory shitshow

BlueSussex · 09/01/2021 11:37

"been more prescriptive" Smile

merrymouse · 09/01/2021 11:37

If you don't want to, then you resign or get fired.

Option 2: try to persuade them otherwise
Option 3: take them to a tribunal.

However realistically those options aren’t available to everyone.

Original poster
tillytalks · 09/01/2021 11:38

@Moondust001

What you are happy to do is irrelevant. If your employer wants you in the office, then you go to the office. If you don't want to, then you resign or get fired.
@Moondust001

It’s absolutely shit though that these are the options.

I would understand if I physically couldn’t work from home, then resigning would feel like it was my choice and not theirs.

Surely this is constructive dismiss if I have to resign because I’m vulnerable and don’t want to mix with other people in an office.
Especially when the government are specifically saying to wfh.

OP posts:
merrymouse · 09/01/2021 11:38

(Tribunal because of unsafe working conditions - I don’t think there is any right to work from home)

LilyE1234 · 09/01/2021 11:38

@BlueSussex

YANBU and it's really shit that the government have not ben more prescriptove about this.

The current lockdown just isn't going to work if so many employers insist their staff are still mixing when they could WFH.

Couple that with everyone and their dog claiming KW status (meaning those who really are KW are having issues getting school places) and its another Tory shitshow

Add in everyone being in about 3 ‘bubbles’ as well 😆🙄
DoubleDessertPlease · 09/01/2021 11:39

I can understand why you are concerned but we're all concerned. Is your life more important that your 12 colleagues?

I’d rephrase that. Are all the employees lives more important than the employers dogmatic, idiotically dangerous attitude? (hint: yes they are).

As they can wfh, but are just not allowed to then I’d say the employer is being incredibly unreasonable. Just because others have to go into work e.g. delivery men, etc doesn’t mean that those who don’t have to should ffs. If someone gets it in your office, then you’ll probably all get it. It’s no wonder we’re unable to stop the spread with companies behaving like this.

YANBU

donquixotedelamancha · 09/01/2021 11:39

You can ask, but it’s up to them, I’m afraid.

Why are people so certain on issues of which they clearly have no expertise?

OP, do not resign, do this:

  1. Join a union NOW. A month before your return phone them for advice.
  1. They will tell you that your employer needs to do a risk assessment (do it over zoom). Make sure that risk assessment correctly describes the risks and states working from home as a mitigation.
  1. If your employer digs in get the union to provide a caseworker for the meetings until it's resolved.
  1. Worse case, if the employer doesn't make the workplace safe then you can refuse to attend via a section 44 letter.

If work is as you describe they will have no justification to bring you in while your area is in lockdown/ higher tiers.

Mrgrinch · 09/01/2021 11:40

YABU. If you want to keep your job, you'll go to work. Everyone in the country is going through the same thing and I'm not sure why you feel exceptions must be made for you.

Heartlantern2 · 09/01/2021 11:40

The question is can you afford to loose the job? If so then demand to work from home or leave.

If not then ask and if it’s a no it’s tough and you will have to go in. That’s why many are at work instead of working from home- because they can’t afford to loose the job.

Seasaltyhair · 09/01/2021 11:41

Do you know why business owners are precious about their business? It’s because of the financial risk they have ploughed in. They won’t be just sitting at the computer like you. They will be doing a million things behind the scenes to keep their business a float and you in employment. Keeping a business viable in normal situations is really tough - whilst we are in covid situation it’s hideous.

These threads are really starting go to piss me off. If you don’t like the way your employer is wanting things done - leave and start your own business instead of relying on some one else to find you a wage!

Heartlantern2 · 09/01/2021 11:42

Her work place is safe, everyone is spaced out and following social distancing

WoolyMamamoth · 09/01/2021 11:42

My mat leave has had to end 3 weeks early so that I could use all my holiday entitlement from my previous holiday year.

Legally you are allowed to carry holiday over this year - I think it is up to 10 days - my company tried to screw me over on this and it is in Government legislation. Read here

I am also pretty sure it's in law that you accure holidays during maternity leave - and you are entitled to take a full year of maternity leave - so double check that.

I do however think you will not be allowed to WFH if no one else - you can of course refuse to return to work via handing in your notice. However, if you can work from home and it is just a management trust issue, your company should be allowing all employees to do so.

donquixotedelamancha · 09/01/2021 11:43

YABU. If you want to keep your job, you'll go to work. Everyone in the country is going through the same thing and I'm not sure why you feel exceptions must be made for you.

What the fuck is wrong with people like this? Why would anybody object to working as safely as possible?

Wanting safe working conditions and being worried about Covid is not being a special snowflake.

WoolyMamamoth · 09/01/2021 11:43

@Heartlantern2 It doesn't matter - it is stay at home orders and work from home if you can.

This has nothing to do with a safe workplace - what about commuting in via public transport? Mixing with other households? That is why we are under work from home where possible directives.

dontdisturbmenow · 09/01/2021 11:43

Surely it's up to you. Your reasons are your reasons and if you want to decide that you want to give your notice and you can afford to do so, where's the dilemma?

PegasusReturns · 09/01/2021 11:43

This thread is so typically MN Hmm

So many posters implying that OP thinks she is a special case or more important than others and that she should get on with it. The rules are clear: if you can work from home, work from home.

Compare and contrast with the thread on the woman who was fined for daring to go for a walk with a cup of coffee.

donquixotedelamancha · 09/01/2021 11:44

My mat leave has had to end 3 weeks early so that I could use all my holiday entitlement from my previous holiday year.

Yeah, that's nonsense, as PP says. Speak to your union.

Funkypolar · 09/01/2021 11:44

DH is in the armed forces and despite the official policy to WFH, he still has to go to work in the office when he could WFH.

WoolyMamamoth · 09/01/2021 11:45

I would also ask for the COVID risk assessment too :-)

MummytoCSJH · 09/01/2021 11:45

Seasaltyhair, if everyone did that there would be very few successful businesses because there would be no employees! Employees are vital to businesses and frankly someone 'finding you a wage' doesn't come into it - how about business owners take on the work they are unable to do instead of recruiting? Maybe they shouldn't set up a business if they need to hire people for it to work? Realise how ridiculous you sound? And very bitter... Anyway, just because the employer wants something done a certain way doesn't mean it has to be done that way - especially when they're going against the law or government advice.

CRbear · 09/01/2021 11:45

Responses like “I work in an office, why are you special” and “I work with 100 people why are you worried about 12” are completely pointless. If you’re not worried for yourself, that’s fine. Your opinion is no more important or right than how the OP feels.

BBC radio 1 did a piece on what to do in this situation and I’d find the info there as I might not have all the details exactly right. But they said you cannot be sacked for refusing to work if you feel “you are at risk of imminent danger” which their lawyers interpreted COVID to be IF, your workplace has not done or not shared with you a risk assessment. If the office has done a risk assessment and you’re all seems not at risk, you don’t have as strong a position to refuse. They recommended contacting your union if you have one for support.