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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:
Egghead68 · 16/04/2020 06:52

There is also no requirement to invite people in for upsetting information.

Given that people with relatives dying in hospital are not told this face to face and have not been allowed to visit their dying relatives face-to-face it does seem odd to believe that it is essential to break bad news about pets face to face.

I am team vet-nurse on this one.

notimagain · 16/04/2020 07:17

One for the Lawyers, I'll drop it and run:

FWIW our professional association has pointed out that at our place of work, where social distancing is utterly impossible, Article 8(4) of the Framework Directive 89/391/EEC may apply....enacted into UK Law by sections 44 and 100 of the Employment Rights Act 1996..

It seems amongst other things, to give an employee the right to take appropriate steps to to protect themselves from danger....

Our employer so far has been pretty good and at least ATM we have the option of unpaid leave if we feel unable to work in the current circumstances.

devildeepbluesea · 16/04/2020 12:56

@notimagain yes it's quite likely that this defence may be used. Whether it's accepted by ETs at any unfair dismissal hearings is another matter.

SmithAlien · 21/04/2020 09:48

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