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Pressured to return to office but cases rising locally. Where is their duty of care?

476 replies

Nutsoh · 20/06/2021 21:59

Despite WFH successfully since last March we’ve been told over the past few weeks that our offices now have to be manned to 50% in a bid to transition back to full occupancy.

Some managers have turned the thumbscrews on their teams to —force— encourage part of their departments back, they’ve pushed the teams that have a lot of static equipment back in FT and allowed those with laptops the benefit of coming and going when they please with their laptops.

Despite the 2m rule we are allowed to sit in the office, anything up to 10 of us without masks, just needing to put masks on to walk around. There is a one way system but the kitchen is a free for all and you can go into the toilet right after someone else has just used it even though ventilation is poor.

So, I didnt have too much of an issue with this but cases are now rising locally and I feel it’s only a matter of time that it’s going to go through the office. We’ve all had at least one jab but I’m starting to feel a little anxious about someone getting it and it running through the whole building.

So, from a duty of care POV, if someone gets Covid through work and it leaves them seriously I’ll or with long Covid where does that leave the company legally seeing as they’ve more or less forced people back in despite the guidance still being to WFH if you can.

Can people take action against their company if this happens?

OP posts:
Cerealtoast2 · 22/06/2021 19:07

OP you're spoilt by your privilege. You were lucky enough to wfh when many of us had to carry on working with no masks no PPE and in crowded places so honestly now we're through the worse and people are vaccinated you need to get a grip and go back to work. I have little sympathy for this type of nonsense.

HareofEasttown · 22/06/2021 19:12

Go back to work. YABU

Mollymoostoo · 22/06/2021 19:13

All employers have to risk assess the building and provide this in written form for staff. If you don't feel safe when you get into work, you can leave and tell your manager why you are doing so.

However, people seem to think they have the right to pick and choose where to work and are using COVID as the reason. Bearing in mind we are being told that we will have to get used to living with COVID, I am not sure how long people can use it as a reason to WFH.

threatmatrix · 22/06/2021 19:15

It’s your job. You either go back or leave, easy really. I’m so pissed off with staff not wanting to go back to work.

TheKeatingFive · 22/06/2021 19:16

I can't believe you are for real. You seriously think employers should get rid of people experienced in their job because they developed mental health problems. Rather than try and support them?

Dear god, you think I’m ‘ableist’ for saying people need to return to their place of work, as per the contract they signed, when their employers ask them to?

Cloud cuckoo land doesn’t touch the sides here.

shatteredmama · 22/06/2021 19:20

motherrunner

But have people been wfh successfully? My personal experience is services have declined. For example last week I needed to report an issue to a water company. I rang and automatically the message told me ‘extremely large queues due to Covid’.

Absolutely agree with this. So many services - eg utilities, local councils, where staff are wfh have become significantly less efficient. I strongly disagree that people work better from home. Without the watchful eye of the boss there’s surely going to be staff distracted, taking their foot off the gas, pottering around at home doing odd jobs, or downright taking the piss.

Ladylokidoki · 22/06/2021 19:20

Dear god, you think I’m ‘ableist’ for saying people need to return to their place of work, as per the contract they signed, when their employers ask them to?

I specifically answered a point about people being anxious.

And asked if you felt people who have developed anxiety should not have accommodations made. That was your response.

To say someone has to leave their job before accommodations have been tried, because they have developed mental health issues, is abelist.

Mollymoostoo · 22/06/2021 19:21

All the comments about working from home creating better worklife balance...
Most emoyera are getting far more hours our of their staff. Both me and my husband were working 7am till 7pm to make up for time we had to teach our little one. Even now my husband opens his laptop at 7am.

lazystar · 22/06/2021 19:22

Jealous !
Absolutely not, I couldnt think of a more boring job which is why I dont do it !

I just think her reasoning and excuses are just that - excuses.

Everyone is shopping, going on holiday but shes saying it's not safe.
Why doesnt she just say she has anxiety etc ?
That is much more understandable as a mental illness.

But claiming it's not safe, in that case neither is anyone else working

AffableApple · 22/06/2021 19:23

Don't know why people are being arseholes towards the OP. Also, I've been working as a keyworker in an office the whole time - I want companies to continue to follow the guidance of working from home where possible so the risk to me stays lower - as cretins who don't know how to commute any more/how to commute while wearing a mask are now sharing more breathing space with me. WFH should continue, and as other posters have said - where's the risk assessment? If that's not been done, you can have them on that. Is your workplace recognised by a union, OP?

HelloMissus · 22/06/2021 19:24

I’m also sceptical that some companies think their staff work better from home. Many just want to get shot of their premises to save cash.
This is going to be the case in many public sector roles.
It will suit some employees. But not others. And some services will deteriorate whilst some will improve.
But the main issue is cost saving.

TheKeatingFive · 22/06/2021 19:27

And asked if you felt people who have developed anxiety should not have accommodations made. That was your response

Surely, surely you can see that if everyone decides their anxiety about Covid means that they need to be ‘accommodated’ outside of the terms of the contract they signed we have a big problem?

Though actually, given your responses for far, who the hell knows.

Ladylokidoki · 22/06/2021 19:32

Surely, surely you can see that if everyone decides their anxiety about Covid means that they need to be ‘accommodated’ outside of the terms of the contract they signed we have a big problem?

So you think their company shouldn't try and accommodate their mental health? At all. And potentially loose experienced employees?

They should leave and, what? Claim benefits? Great help to the economy.

Besides which, you can't just say 'too many employees have mental health issues so you all need to resign, we won't even try to support you'. Its abelist.

And every employer has known that a decline in mental health would be a coming challenge. They knew that 15 months ago.

Ohpleasenotagain · 22/06/2021 19:36

Are you for real, OP? Do you even realise that some people NEVER stopped working face to face. How is your life that much more valuable? It’s over now, lots of people vaccinated, we are coming back to life. I don’t need you to stay home for me. I stayed face to face with people who are unable to socially distance and wearing no musks since the start of the pandemic. Go to work or resign.

Ohpleasenotagain · 22/06/2021 19:40

@Cerealtoast2
Agree wholeheartedly. I can’t believe the audacity.

TheKeatingFive · 22/06/2021 19:40

And every employer has known that a decline in mental health would be a coming challenge. They knew that 15 months ago.

And they also know that the economic conditions will be as challenging as they’ve ever been. God help us all of no ones prepared to come back to the office and do their jobs according to the contracts they signed themselves.

Look, if it’s that big a deal, find a wfh job, but in the kindest possible way, your company cannot be expected to coddle you at home forever.

Ladylokidoki · 22/06/2021 19:46

Look, if it’s that big a deal, find a wfh job, but in the kindest possible way, your company cannot be expected to coddle you at home forever

I am not talking about me. O answered about about people being anxious. And yes, anxiety about being out and about is expected to rise.

Its another challenge that employers HAVE to prepare for. They can't just ignore employment law around people with disabilities or shirk their responsibilities to employees with disabilities.

Wether you like it or not, that's a fact. Employment law isn't just going to be suspended.

TheKeatingFive · 22/06/2021 19:47

Are you in the public sector perchance Ladylokidoki?

Don’t worry, I think I know

HelloMissus · 22/06/2021 19:51

Employment law doesn’t need to be suspended.
Right now employers can ask employees to return if their job can’t be done properly from home.
That’s not for the employee to decide.
And is not enough to say well I’ve been doing it at home through lockdown.

Ladylokidoki · 22/06/2021 19:58

Are you in the public sector perchance Ladylokidoki

Nope. Private

Employment law doesn’t need to be suspended. Right now employers can ask employees to return if their job can’t be done properly from home.

That not what this converstation was. Someone talked about people who were anxious.

I said that, with anxiety on the rise employers will need to at least attempt at making accommodations for those employees who have developed anxiety (or maybe agoraphobia).

The other posters insists if people have developed mental health issues they need to find new jobs. That employers wouldnt be able to accommodate these people.

Which is against employment law. An employer can't force a employer to resign before they have even tried accommodations. They can't ignore it, even if lots of people develop it.

This wasn't about employment law and just wfh in general. It wa specifically talking about people who may have developed a disability during the pandemic

The poster I was talking to seems to think most employers, would rather loose experience employees before even trying to help them. Or that they can legally force them out.

TheKeatingFive · 22/06/2021 20:00

Nope. Private

Whatteva you say Grin

VaccineSticker · 22/06/2021 20:01

Many people on here are posting selfish jealous replies.
If OP or anyone can work from home regardless covid, why shouldn’t they? It decreases productivity, time wasted on travelling, cost, congestion and pollution which should be a priority at the moment(decreasing carbon emissions).
My job requires me to go to the office (key worker) but I think anyone who can work from home should be allowed to.

IsabellesMissingSock · 22/06/2021 20:03

@VaccineSticker

Many people on here are posting selfish jealous replies. If OP or anyone can work from home regardless covid, why shouldn’t they? It decreases productivity, time wasted on travelling, cost, congestion and pollution which should be a priority at the moment(decreasing carbon emissions). My job requires me to go to the office (key worker) but I think anyone who can work from home should be allowed to.
Exactly!! If someone can do their job from home, what business it is of anyone on here! It's hilarious the number of people going on about "Get back to work" 😂😂😂
TheKeatingFive · 22/06/2021 20:05

The OP has not returned I see

Belladonna12 · 22/06/2021 20:05

@lazystar

Jealous ! Absolutely not, I couldnt think of a more boring job which is why I dont do it !

I just think her reasoning and excuses are just that - excuses.

Everyone is shopping, going on holiday but shes saying it's not safe.
Why doesnt she just say she has anxiety etc ?
That is much more understandable as a mental illness.

But claiming it's not safe, in that case neither is anyone else working

Not everyone is going shopping or holiday. I don't get your argument that if it's not safe for OP to be in an office with ten people wearing no mask it's not safe for anyone. My workplace is a lot safer than that!