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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:
PhilCornwall1 · 15/04/2020 16:01

Coronavirus or not, if she is refusing to come in and you've performed a full risk assessment (of course you have, but it's worth putting down), her refusing to work is surely gross misconduct and I'd tell her that.

She would have two choices, work or she's dismissed.

Standrewsschool · 15/04/2020 16:03

If you furlough her, I don’t think you obliged to top up the salary.

Glendaruel · 15/04/2020 16:03

Make sure you document all conversations and correspondence. Do you have staff handbook, look at job contract to make sure you are following what you need to do. Formally tell them they are a key worker and their actions are putting animals life's at risk. Do you have a written risk assessment? If you are taking sensible steps which it sounds like you are, then they are being unreasonable. Not showing up for work is grounds for dismissal, but make sure you do it by the book. If you're hesitant, ask yourself if you want to work with this person after its all done. In a small team every one needs to work together

Tattiebee · 15/04/2020 16:03

No, she wouldn't be eligible for furlough because there is plenty of work for her.

Nandocushion · 15/04/2020 16:06

If I were you I'd sack her quickly before she does what some on here are suggesting and gets signed off "sick". No idea if that's legal though.

Chilver · 15/04/2020 16:06

Makensurenyou've documented allnrisk procedures in place and share those with her (document the sharing trail top)

If she still won't come in, then unpaid leave or she resigns.

Mummyoflittledragon · 15/04/2020 16:08

I’d definitely be looking for a locum replacement now. She shouldn’t be getting paid for doing bugger all. How long has she been refusing to come to work?

cooldarkroom · 15/04/2020 16:08

She is not a team player.
I would tell her she can either work, or take unpaid leave & then get a temp.

NameChange1998 · 15/04/2020 16:08

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

She's worked for me for 14 years. Never had a day off sick. She always rolls her sleeves up and gets on with things. Although she does have form for having a moan. And in this case she's taking the moaning to extremes.

Just to clarify she is turning up for work but she's moaning about it.

OP posts:
daisypond · 15/04/2020 16:08

Her GP won’t sign her off with that. Anxiety related sickness is totally different.
A GP could easily sign her off with anxiety, stress, etc. It’s not different. I think the OP needs to be aware.

PineappleDanish · 15/04/2020 16:10

She perhaps could be signed off work sick.

But she's not sick. She just doesn't want to go to work.

Agree that you have to put it in writing that you expect her back on X date at Y time. If she doesn't turn up then you go down disciplinary route. How long has she been with you? If it's less than 2 years i'd be tempted to sack her on the spot...

daisypond · 15/04/2020 16:10

Well, that puts a different spin on it. Not a day off in 14 years, and she is still coming into work now.

MontysOarlock · 15/04/2020 16:10

Contact ACAS for guidance but I think it has been covered here.

barnabybenny · 15/04/2020 16:12

She can't refuse to come into work and furlough isn't an employee decision - its a decision that can only be made by the employer for the good of the company, ie. if they couldn't remain open to the public, if the interruption of services has affected the company's ability to pay wages. It is not intended for employees who do not want to come into work.

To cover yourself issue her with a list of all measures being taken to protect her at work from coronavirus. If she still refuses then you have 2 options: dismiss her, she has refused to come into work - or she can take the time off with no pay and no holiday accrual but she can come back to work by (specific date) and resume her employment.

Coronavirus is a scary time for everyone but it is not an excuse to avoid going to work. Key workers are essential to keeping people safe and for keeping the country going, if she is not prepared to continue her role when all reasonable adjustments have been made then the procedure is exactly the same had coronavirus never arrived.

Do you have HR or a company/service that you can access for HR assistance? Our small business buys into a program and they give us the information on procedures and even the templates for correspondence for issues such as this. It ensures that we and the employees are treated fairly whilst trying to keep the business going in times of difficulty. You sound like you have been more than reasonable in making adjustments to support her in returning.

vera99 · 15/04/2020 16:12

Well it's your business, your employee and your call. Sounds like she was an exemplary member of staff before the virus hit. Must be difficult to manage the needs of your business over her very understandable concerns albeit not seemingly shared by the rest of your small team. Good luck with whatever you do.

HedgehogHotel · 15/04/2020 16:13

Unpaid leave if you want to manage without her, or give her notice or ask her to resign and hire someone who can and will do the job.

Tumbleweed101 · 15/04/2020 16:13

It sounds as if you are doing what you can to minimise the risk. I don’t blame her for being apprehensive but the virus exists now and it will be around forever even when we have a degree of herd immunity just like measles and chicken pox etc so we need to move on and get on with life as much as we can.

You aren’t being unreasonable in needing her to work. Unpaid leave would be the only option as I presume you’d have to find someone to cover the role otherwise.

NotEverythingIsBlackandwhite · 15/04/2020 16:14

As long as you will be undertaking social distancing and providing PPE then I would inform her that, if she refuses to work, then she has a choice:

  1. Resign or 2) Be fired.

You need to be able to rely on your employsees in order for all of the team to do their jobs. She is being unrealistic in expecting no clients to ever enter the premises. Re: touching dogs/animals - can't she just wear full PPE?

PineappleDanish · 15/04/2020 16:14

Ah, I missed the bit saying she's been there 14 years. Quick sacking not an option then.

Astrabees · 15/04/2020 16:14

For a key worker it would seem to be a low risk job to me. I work in social care and my staff have to get very close to the service users, though ave PPE for this, as I'm sure your vet nurse has.

If she has not been with you for 2 years you need no reason to dismiss and you can simply terminate her employment if she will not come in. If she is 2 years plus then the procedure we follow in normal times is to invite the person in to work and if they keep on not showing up you can assume they have abandoned their job. You could let her take unpaid leave until all this is over, if you do want her back, and take on another nurse.

NotEverythingIsBlackandwhite · 15/04/2020 16:14

employees (not employsees).

NameChange1998 · 15/04/2020 16:18

For a key worker it would seem to be a low risk job to me.

Yes I told her this. It's just all of her family (sisters / brothers in law ) have been furloughed so are just hanging around at home and I suspect are whispering in her ear.

OP posts:
NotEverythingIsBlackandwhite · 15/04/2020 16:18

Ah, I missed the bit saying she's been there 14 years. Quick sacking not an option then.
You can still fire someone for refusing to carry out their duties though. You have a legitimate reason. Just give her whatever notice is specified in her contract.

Egghead68 · 15/04/2020 16:20

Discuss her fears with her and ask her what changes would make her feel safer? E.g. maybe she could opt out of face-to-face discussions with pet-owners.

As she is still coming into work I don’t know why you would sack her. Maybe discuss with her the effect the moaning is having on the team though.

BabyMoonPie · 15/04/2020 16:22

Could you get a temp to cover for her? If you can could you offer her the choice to take unpaid leave and the temp works until this is over then she comes back. You're doing everything you can and she can't not work and expect to be paid long term

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