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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:
NameChange1998 · 15/04/2020 15:43

Yes plenty of PPE

OP posts:
Haffiana · 15/04/2020 15:44

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.

Then she needs to wash her hands carefully after handling the pet. Which she should do anyway.

Woodandsky · 15/04/2020 15:44

If you furlough her you don't have to make up the 20%, it's not your problem if she can't manage on it. Equally if you have to replace her with another person I don't think you could furlough her anyway.

Unless she has mental health issues that mean she cannot work due to the stress (I would ask her to get signed off by a doctor) then legally I think you can ask her to take unpaid leave (so you can pay someone else to do her work) or it's gross misconduct and you have grounds to dismiss her.

Are you absolutely sure you've done everything you can to minimise the risk at work? Maybe ask her if there's anything else you can do that would make a difference to her.

dementedpixie · 15/04/2020 15:45

Washing hands after handling the pet and not touching her face would help mitigate any issues with the virus being on their fur. It doesnt just jump off them like fleas

NameChange1998 · 15/04/2020 15:45

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

Yes you're right. She's terrible in a crisis.

OP posts:
Floatyboat · 15/04/2020 15:45

Quite cheeky of her expecting to be paid. Surely she could use her annual leave whilst working out her medium term plan. Ultimately though she should resign or take indefinite unpaid leave.

ginnybag · 15/04/2020 15:45

Employment law hasn't changed. The furlough for employees who would otherwise be made redundant is in addition to other law, but it is not a blanket solution to every problem, and nothing else has changed. This is something that is not being made clear enough, to either employees or employers. Her contract hasn't suddenly ceased to exist!

You have work for her - she is therefore ineligible for furlough and claiming it for her would be fraudulent.

She is healthy - she is therefore ineligible for sick pay.

I am assuming you have and are taking all reasonable precautions in the work place - limiting staff, spaced out appointments, owners handing over in a wide area and not in treatment rooms unless essential etc?

if you have risk assessments in place, then she has no right to refuse to come in, and expect to keep her job or get paid.

Do what you can to minimise risk, check furlough/health and then, deal with this as you would you do at any other time.

For example, you could, if you want to be nice, arrange a period of unpaid leave during all this and hire a temp. Or, you could treat her refusal as the resignation it is and replace her. Let her notice be garden leave if you like.

Its harsh, but there it is. Furlough is not intended for healthy people who have a job that needs to be done.

TheWayOfTheWorld · 15/04/2020 15:46

Following - having a similar issue with someone using every trick in the book to get out of remote working and bombarding me with fucking furlough stuff.

Mascotte · 15/04/2020 15:46

I would tell her that you can’t pay her unless she’s in work.

MigginsMs · 15/04/2020 15:46

If she doesn’t want to come to work she can go on unpaid leave.

Mascotte · 15/04/2020 15:46

Her attitude is wholly unreasonable

Mascotte · 15/04/2020 15:47

I’m sure you could find someone keen for a job just now to replace her if you need to.

daisypond · 15/04/2020 15:47

She’s not sick so can’t be signed off sick. What a ridiculous suggestion.
It’s not ridiculous, and it is something she might try to claim. She will go to her GP and say she is severely stressed or anxious, etc, and the GP will sign her off work.

viques · 15/04/2020 15:49

Is her only objection "clients on the premises" or is she worried about coming into close contact with other members of staff? A family member had to take her poorly cat to the vets last weekend (always a bank holiday! always) . She spoke to the vet on the phone. Was given an appointment time and told to park in the car park and phone when she arrived. Cat in travelling box was collected by a member of staff and taken into the surgery, I assume they wiped over the box with some sort of wipe, then returned the same way, safe distances observed at all time. No entry to the surgery required. Payment made by phone.

I can see it might be harder for animals not in cages, eg dogs, but surely possible to sort out a system, tying a lead to a secure post, placing smaller dog in a crate or something. I can also see it would be harder if you didn't have a car park. I think your member of staff is being unreasonable, other vet practices have worked out safe systems.

Ps cat is fine by the way.

otterturk · 15/04/2020 15:49

Unpaid leave or sack her.

LucheroTena · 15/04/2020 15:51

Her GP won’t sign her off with that. Anxiety related sickness is totally different. We’d have no employees left if everyone could get signed off sick because of covid fears.

PilatesPeach · 15/04/2020 15:52

No she cannot - someone rang into the radio the other day to talk to an employment lawyer as she did not feel safe at work - lawyer said unless pregnant you either go to work or ask employer for unpaid leave and they can say yes or no and ultimately.

ginnybag above sets it out very well

NameChange1998 · 15/04/2020 15:52

Are you absolutely sure you've done everything you can to minimise the risk at work? Maybe ask her if there's anything else you can do that would make a difference to her.

Yes I think so. The rest of the team are happy.

She says no clients should be coming into the building under any circumstances.

But occasionally they need to. We don't think it's right having end of life conversations stood outside with everyone listening.

OP posts:
ifonly4 · 15/04/2020 15:55

Are you able to provide gloves for her to wear? That and being given the chance to hand and arm wash after every pet would be a compromise.

There are a lot of us who are keyworkers and not entirely happy about going into work, but it has to be done.

It might be worth checking if a locum would be available in case you have to let her go. Do you know how easy generally it is to find a replacement? I know they'd need to build up experience, but a student whose just finished their course might jump at the job as many of them won't find it so easy to find a job at the moment

daisypond · 15/04/2020 15:55

As a follow-on, if/when she is signed off sick, it won’t be easy to sack her at all. This is what I suspect she might try to do next if you want her to work and she doesn’t want to.

Imboredinthehouse · 15/04/2020 15:56

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

Wow! Can I have a job? No wonder she doesn’t want to come back.
Unpaid leave or holidays are the option. You don’t have to pay someone not working. Imagine if all the staff wanted the same treatment!

LucheroTena · 15/04/2020 15:59

Get rid while you can, she sounds nuts.

NameChange1998 · 15/04/2020 15:59

Thank you everyone. I'm glad it's not me being unreasonable.

OP posts:
Imboredinthehouse · 15/04/2020 16:00

Furlough is not intended for healthy people who have a job that needs to be done
@ginnybag what do you make of an employer saying to take holidays as there isn’t enough work? Can’t furlough as GP practices are exempt.

Sorry OP don’t mean to hijack yr thread

vera99 · 15/04/2020 16:01

How long has she worked for you and what was her attitude to work before this if you don't mind me asking?

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