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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:
DahliaMacNamara · 09/01/2021 11:46

It's not OP who thinks she's a special case. It's her employer.

donquixotedelamancha · 09/01/2021 11:48

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!

"Are there no prisons?” asked Scrooge. “Plenty of prisons,” said the gentleman, laying down the pen again. “And the Union workhouses?” demanded Scrooge. “Are they still in operation?”*

Drinkarsefeck · 09/01/2021 11:49

My daughter had an email from her union that stated that it is law that if you can work from home then you must. If your emplyer still insists you go in the union will intervene. I don't t think theres such a thing as covid safe with the new variant!

donquixotedelamancha · 09/01/2021 11:49

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

But the risk assessment must be for OP's situation as CV.

Original poster
tillytalks · 09/01/2021 11:50

@donquixotedelamancha

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.

@donquixotedelamancha

My employer had already told me the office is “covid” secure.

Desks 2m apart, no use of the canteen, not allowed to leave the office at lunch time, different departments have to use different toilets around the building.

If they can prove it’s safe, do I have grounds?

OP posts:
WoolyMamamoth · 09/01/2021 11:50

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

That was only in non-lockdown times I believe. Under Stay At Home orders it doesn't apply when people can work from home- but this should be in any decent COVID risk assessment.

WoolyMamamoth · 09/01/2021 11:50

@tillytalks how do people travel to your office?

merrymouse · 09/01/2021 11:50

That is why we are under work from home where possible directive

‘Where possible’ is currently very subjective. There is enough wiggle room for an employer to insist that an employee can’t WFH.

Big organisations are unlikely to take the risk of being sued by an employee and fear bad publicity, but that doesn’t help much if you work for a small business and your boss thinks restrictions are a load of nonsense. Employment tribunals cost money and the results are rarely certain.

donquixotedelamancha · 09/01/2021 11:52

That was only in non-lockdown times I believe. Under Stay At Home orders it doesn't apply when people can work from home

My understanding (IANAL) is that it still applies but if you can work from home then no risk assessment is going to be valid if it isn't using that as appropriate mitigation.

Even if you can't work from home your employer would need to risk asses you and take appropriate steps to minimise risk.

VanGoghsDog · 09/01/2021 11:52

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.

A) you're entitled to all your mat leave and all your holiday, they can direct when you take your holiday but they have no right to reduce your mat leave
B) you don't need to sign a new contract, rip it up and say the old one still applies. They can simply amend the old one with a letter for the new hours if that is the issue.

Eileithyiaa · 09/01/2021 11:52

I work for a global company.
Our UK operation has undertaken a massive project to ensure as many people can work from home as possible. Ordered 600 laptops, screens, IT equipment, set everyone up on the VPN, performed risk assessments for the people who physically can't work from home (warehouse operatives), and ordered 100,000 face masks.

We now have over 400 people working from home out of a UK work force of 600 whereas the figure before this was around the 25 mark. As management, we have all been told not to pressure staff who are stuck with no child care, and just appreciate their output for what it is and they're doing the best they can under current circumstances.

Last year our company hit budget, despite nearly the entire workforce being home based and productivity on the whole wasn't an issue.

Why the fuck a company with 12 office staff can get their knickers in a twist about working from home is beyond me. Complete and utter micromanagement.

merrymouse · 09/01/2021 11:53

The guidelines are:

You may only leave your home for work if you cannot reasonably work from home.

Who defines reasonable?

dontdisturbmenow · 09/01/2021 11:54

The rules are clear: if you can work from home, work from home
They are now, they might not be mid March when OP is due back.

VanGoghsDog · 09/01/2021 11:54

not allowed to leave the office at lunch time,

Eh? So the one hour you can get fresh air and away from a full room of people they are saying you are not allowed? I don't get the logic of that at all.

dontdisturbmenow · 09/01/2021 11:55

If they can prove it’s safe, do I have grounds?
No

CherryBlossomTree7 · 09/01/2021 11:56

I would raise the issue next month, that you're not comfortable returning to the office yet.

If they disagree and tell you that's the only option, you either go into the office or most likely lose your job. I would personally prefer to have my job.

grenadines · 09/01/2021 11:56

in my opinion offices are only safe to work in if people are socially distanced, not facing each other, wearing masks and there is adequate ventilation. I think if these measures are not in place you are not only in danger of catching covid but at risk of a higher viral load and more severe illness as you would be breathing in an infected person’s droplets for some hours.

OhDearMuriel · 09/01/2021 11:58

YANBU
We're obviously in lockdown now and I would imagine even by the 15th March government advice will be to work from home if you can.

donquixotedelamancha · 09/01/2021 11:58

My employer had already told me the office is “covid” secure.

Telling you that means nothing.

If they can prove it’s safe, do I have grounds?

If they can prove it's safe, no. But if you are still in lockdown in March I don't think there is a cat in hell's chance they can do that.

Still, the opinions of randoms on MN is of little use- join a union and get specific advice on your situation.

The outline of what they advise will be as I say (though don't take my word for it) but the specifics of your situation in March will be what decides it.

Sorting the annual leave situation would make things easier too.

Don't let it stress you, a baby is hard enough, you are being perfectly reasonable in your concerns and the union will help. It isn't a magic wand (you have to discuss with your employer) but it's advice now and back up if your employer is unreasonable.

B1rthis · 09/01/2021 11:59

You need to put the health and well-being of your family before anything else.
That being said, your child being at nursery picking up a bug, bringing it back home and you then sharing it with these twelve puts them at more of a risk from you.

donquixotedelamancha · 09/01/2021 12:00

not allowed to leave the office at lunch time

Do they pay you for lunch?

TitsOot4Xmas · 09/01/2021 12:00

There are very few jobs which can be done 100% from home.

It also sounds like if you were WFH you would cancel the nursery place. I can see why your bosses wouldn’t agree to that.

donquixotedelamancha · 09/01/2021 12:01

There are very few jobs which can be done 100% from home.

I'm presuming the OP lives in the UK in 2020. Did I miss something?

WoolyMamamoth · 09/01/2021 12:01

There are very few jobs which can be done 100% from home.

I completely disagree with this comment, employers who have invested in the correct equipment for their staff to work from home have seen huge successes across multiple sectors with their staff working from home.

Look at what is happening in Canary Wharf.

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