WFH and caring for a child. What are the rules?

[soupforbrains]

Background: I am a single parent, My son lives with me full time. He is nearly 13. I work full time, usually in an office and on sites but since last week I have been working from home at my company's request. Since the schools closed my son has been at home however he has a full timetable of classes provided through his school's online portal and he is in 'class' from 9-3 every day. I start work at 8:30 having got him up, he gets his own breakfast and then starts his classes. The teachers are available to answer questions. We eat lunch together on my lunch break. when class finished he occupies himself until I finish work, just as he would normally between school and me getting home.

Current issue: My company has announced today that nobody is allowed to work and simultaneously be caring for a child. They have said that we must all confirm with our managers what our childcare arrangements are and what hours we are working. They have also stated that evening working is not practical in our industry (which is only half true as the admin side can be done any time of day). If our designated working hours fall short of our standard contracted hours then we will be expected to make up any other hours from our annual leave.

Question: I know that in 'normal' times employers must provide time for employees to care for a child or arrnage childcare but that they can require this to be either taken from your leave requirement or taken as unpaid leave. Are there any 'new' rules regarding this during this time? Secondly, do you think it is likely that they will consider me to be caring for my son full time purely because i am the adult in charge, even though he does not need direct care due to his age?

Sorry for the long post!

I think they’re being unrealistic. It’s not exactly a time that’s abundant for childcare options is it?

As it is I think you can just tell them your 13 year old is self sufficient and doesn’t require formal childcare. As long as you are actually able to work I wouldn’t even get into the conversation with them.

That's ridiculous. Everyone's trying to do the best they can under difficult circumstances. Where are people supposed to get sudden childcare when creches are closed and grandparents are in isolation. They can hardly expect you to ask friends to have your child over to their house.

That's ridiculous. As you're not a keyworker there is zero childcare provision. We they asking you to illegally pay a non registered childcare provider? Or to farm kid out to GPs? Those are the only options and both are unacceptable. My company just accepts I'm at home caring for my three under-7s. No questions asked.

Thanks,

I am sending an email to my boss stating the hours that I am working and saying that as my son is 13 he does not require active childcare as he is occupied by online teaching from x -x and capable of occupying himself outside of those times when i am working.

I'm just kind of angry about it. I think they're being completely unfair as I know that none of my colleagues without kids are working their 'full contracted hours' while working from home. and surely so long as I am available for all the normal hours and am completely my work satisfactorily surely it's none of their business how I am managing?

They're not being unrealistic, they are being totally and utterly cynical. They know full well that people will have children at home and are doing this as a way to avoid paying people.

Tbh I'd either lie or like a PP said, declare your DS is self sufficient.

At 13 he can reasonsbly be left home alone, therefore it's reasonable to exempt him from any childcare requirements. For this purpose, he's reasonably equal to an 18 year old home from uni. He might bug you at lunchtime, but won't need bottom wipes or story time, so represents a low caring burden to distract from work.

@devildeepbluesea that's exactly what I feel it's an utterly cynical move to try and get out of having to pay people full wages. I'm so angry but i don't think there is much I can do. I will state he is self sufficient but if they decide that since he's legally a child and I am legally in sole charge therefore must be providing childcare there is bugger all i can do.

Although I suppose if they do that and I am therfore required to take it all as leave/unpaid (becuase there's only so long my leave will take) than I suppose I could be considered Furloughed?

I am so nervous about this too - have been working from home at employer's request before the schools closed.

I think they are trying to ensure is that any child care commitments won't get in the way of your contracted hours so they can be seen to have done their, 'due diligence.'

If my company did this, I like to think I would force the issue and tell them I'd resign.

Well that's utterly moronic. Our usual rules are no WFH and childcare, but this is temporarily lifted. They are asking us to work what hours we can, and where we can't work our full 7.5 hours a day, time code it as paid special leave.

They have explicitly said outputs will be down, we will not get as much work done, be realistic on ourselves and our employees.

This is how every non key-working employer should be right now.

Even my husband as a key worker is at home, paid, not working right now (can't work from home, but trying to keep as many employees at home where they can).

I would be tempted to tweet Martin Lewis with that question. Obviously he’s rather busy !! but his current watchword is “forbearance” so if you’re lucky and he replied it might encourage your employers to do the decent thing.

@Bluepeace that's a really good response.

I do understand that companies can't afford to pay people for work not being done indefinitely, but the company i work for is not small and so has access to significant funds. Additionally I AM working my normal hours and i AM completely my work. I don't see why I should be in any way penalised when my non-parent colleagues are not even being asked to confirm their working hours!

@soupforbrains your employer needs to designate you as furloughed. If the worst happens you need to get straight on to ACAS and explain the situation. Depending on the circs you may have a claim against them. I'm no lawyer but I can think of a lot of ways, circumstances allowing, that this could be seen as discrimination or illegal in some other way.

@FromTheAllotment I think I will see how they respond to my email before i 'go public' in any way.