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Can employee refuse to come to work

179 replies

NameChange1998 · 15/04/2020 15:29

I own a small veterinary practice. 6 employees including myself (Me, one vet, one nurse, one admin, one receptionist, one receptionist/ lay nurse). Employee in question is our vet nurse.

We have to stay open to see urgent cases. We've also now been told we can do some vaccinations.

Employee in question is saying she's not willing to "put her life at risk" by allowing clients on the premises.

She's a key member of staff and can't furlough her.

Can she refuse to come to work?

She has no health conditions and lives alone. She isn't responsible for any others.

She's making me feel unreasonable by expecting her to come to work. We're doing everything we can with regards to social distancing and keeping clients outside. But sometimes they have to come inside.

Just wondering what others thought and perhaps my stress about paying the bills and keeping the place going is stopping me being reasonable.

OP posts:
sittingonacornflake · 15/04/2020 15:31

Why can't you furlough her? If she won't come in then you're better off financially to do so.

SeasonallySnowyPeasant · 15/04/2020 15:32

It’s up to her. If she does want to do her essential job then she needs to give and work her notice so you can find someone prepared to do it.

NameChange1998 · 15/04/2020 15:33

I can't furlough her because we've got no one else to cover any emergency operations. We're a very small team.

OP posts:
SeasonallySnowyPeasant · 15/04/2020 15:34

*doesn’t

NameChange1998 · 15/04/2020 15:34

Also if we did make a plan to furlough her, I don't see why I should top up her salary and she can't manage on 80%

OP posts:
goshdarnitjanet · 15/04/2020 15:34

The government guidance says "If you and your employer both agree, your employer might be able to keep you on the payroll if they’re unable to operate or have no work for you to do because of coronavirus (COVID-19). This is known as being ‘on furlough’." I really don't think you can furlough someone just because they don't fancy coming into work and surely the OP would then have to hire someone else to do that role.

daisypond · 15/04/2020 15:35

No, she can’t refuse. She could take annual leave if you will grant it. She perhaps could be signed off work sick. But that doesn’t help you. What happens normally when she is on leave?

LucheroTena · 15/04/2020 15:35

You need the role, so you can’t furlough her.
She will need to resign, or you can fire her.

LucheroTena · 15/04/2020 15:37

Op needs her, she is a key worker. How would op manage to run the service if she goes on unpaid leave.

Spam88 · 15/04/2020 15:37

No she can't refuse, gross misconduct surely?

goshdarnitjanet · 15/04/2020 15:37

Are you currently paying her a full salary NameChange1998 ?

LucheroTena · 15/04/2020 15:38

She’s not sick so can’t be signed off sick. What a ridiculous suggestion.

StealthPolarBear · 15/04/2020 15:38

Has she said what the issue is? Does she feel you're not doing enough to provide a safe working environment?

NameChange1998 · 15/04/2020 15:38

When she's on leave the lay nurse lady does nursing cover and everyone else does extra to back fill the hours.

As we don't know how long this is going on for she can't really use her holiday. I think she's only got 3 weeks left until December anyway.

OP posts:
byfleetpuddles · 15/04/2020 15:39

Don't furlough her as her work is needed but she is unwilling to work. She needs to go on unpaid leave. How long has she worked for you, under 2 years you can give notice and then give her option of unpaid leave as her notice if you can get agency staff.

Mumoftwoyoungkids · 15/04/2020 15:39

Of course she can refuse - this isn’t a police state - you can’t send a soldier round to her house and bring her into work at gunpoint.

What she can’t expect though - is to be paid for not working. She could take already accrued holiday if she has any, go on unpaid leave or resign or you could fire her. Furlough is not appropriate as there is the work and you do need her.

byvirtue · 15/04/2020 15:39

I think if you can offer a safe working environment then she should work. If she chooses not to work then she shouldn’t get paid. I understand people are scared of the virus but life has to carry on, people will have to go back to work and interact with one another. You can’t pay someone to sit at home whilst there is work to be done.

Figmentofmyimagination · 15/04/2020 15:39

Can you explain the situation clearly to her in a meeting and in writing to give her a last chance, making it clear that she risks being dismissed if she continues to refuse to come to work? It’s high risk - before sacking her you need to be able to show that you have followed all government and professional guidance to the letter and be confident she is refusing to work for a reason that is not currently permitted. Can you set up a locum to step in and replace her?

NameChange1998 · 15/04/2020 15:39

Are you currently paying her a full salary NameChange1998

Yes I'm paying her in full even though she's not doing her full hours at the moment.

OP posts:
bulliedintonamechange · 15/04/2020 15:41

I totally get where you are coming from but my god I'm so glad I'm not a key worker as I'm probably like her, would def be too scared to go in which can't be helped, she can't help how she feels. But yes you will have to fire her and are within your rights to, it's just sad

dementedpixie · 15/04/2020 15:41

Does she have ppe to wear? She can take holidays or unpaid leave or resign I suppose

MrsBungle · 15/04/2020 15:41

www.acas.org.uk/coronavirus

Have a look here for some advice. You need to discuss together what you can reasonably put in place to make her feel safe. Or she can use holiday or unpaid leave (if you agree). If she still refuses then it becomes a disciplinary matter.

NameChange1998 · 15/04/2020 15:42

We're being as safe as we can. People are dropping their pets at the door but she has to handle the pet. And she's saying the pet could have covid19 on it.

She's not being rational I don't think.

OP posts:
Haffiana · 15/04/2020 15:42

Since she cannot perform her duties at home - and a veterinary nurse clearly cannot - then she needs to come into work. That is what the legislation say. So no, she cannot refuse to go to work simply because she doesn't want to any more than she can refuse to go to work when there isn't an epidemic. It is exactly the same for staff in supermarkets and all sorts of public-facing roles.

However, you as her employer needs to ensure that she can be safely kept 2 metres away from the public at all times, even if that means leaving animals alone in the waiting room momentarily so that they can be handed over with no close contact.

If she refuses to come in AND the above has been arranged and adhered to, I would have thought that you need to follow the usual procedure for disciplinary action, ie verbal warning, written warning etc etc.

You can only furlough her if there is no work for her. That is patently not the case in this instance.

AvoidingRealHumans · 15/04/2020 15:42

How would you normally deal with a staff member refusing to come to work?
You need to follow that procedure.
It's a risk to all of you but if your line of work is essential then it has to stay open and staff have to come to work.

Even if you accommodated her wishes now it would make me doubt her future within the practice due to her attitude in a crisis.

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