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

[Nutsoh]

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?

I don’t really know why you’re getting shitty replies. I mean, the situation in the office wouldn’t bother me but the government is still saying wfh if you can so if you’re someone who’s been following the guidelines all the way through (don’t know if you have OP), then I can see why you wouldn’t want to go against these guidelines.

It is not saving us all, but there is no need for resentment for them is there?

I'm not resentful of people WFH. I'm resentful of people moaning about having to do something I've had to do for the last 15 months

Unless that person started a thread in March 2020 to say how concerned they were about the safety of their delivery driver/supermarket staff/binmen/NHS and care staff etc

The guidance is work from home if you can. If the OP has been working from home since March, she and her colleagues clearly can. Therefore the employer is taking the mick.

Comparing with retail, pub staff etc is pointless. They can't work from home.

People working from home if they can reduces the spread to those who can't. Simple common sense.

The only people forcing office workers back to the office are micro-managers who think bottoms on seats between 9 and 5 means working being done. So old fashioned, so unproductive, so nonsensical.

Unless that person started a thread in March 2020 to say how concerned they were about the safety of their delivery driver/supermarket staff/binmen/NHS and care staff etc

That doesn't even make sense. You can care about something and not make a thread on mumsnet about it.

@BonnieDundee - the OP and others commenting here on WFH were not ‘moaning’ about ending WFH. Many of us would who have to WFH would like to return to the office and end the 12 hour days at the dining room table.

We all do different jobs and enjoy different pay and benefits that reflect the value our companies see us bring - some of our firms want us to continue to WFH (which remains Government advice). We get it - that was not an option for you. I don’t bear you any ill-will and don’t expect any in return,

@tappitytaptap

You can’t stay at home forever…. Sounds fine to me. Do you never go to the supermarket, pubs or restaurants?!

No-one in my family has since the start of the pandemic - some people are more cautious than others, it's not that unusual.

I would be pretty annoyed if I was in the OP's position too tbh. Seems pointless forcing people back when cases are rising and often the work can still be done at home. Our team has actually been more productive since wfh - suits us all better, and people are more willing to go the extra mile as they are not so tired/stressed. If we were put back in the office right now I know it would be a very different story. So OP I can definitely understand where you are coming from.

Unless you need to shield get back to work!

@RaspberryCoulis

You might think you've been working from home successfully. Your employer disagrees.

You say you and your colleagues have all had a jab which offers good protection.

You appear to be over anxious and no, you can't sue your employer. You are of course free to hand in your notice if you don't wish to work there any more.

This People are really starting to panic about having to get off their arses and go back to work aren't they?

I bet mot of the people on MN criticizing you are either SAHPs or those who work in a keyworker role and like to blame others for the challenges of the job they choose to do.

I'm disabled and will be double jagged this week yet I don't want to return and my GP doesn't think I should either whilst the pandemic continues and the restrictions remain in place as these restrictions are difficult for someone with my disabilities.

I am actively looking for jobs that are fully remote - they are few and far between though.

People criticising the criticises...thing is, it's wanting your cake and eating it...the people happy to have Mumsnet open on one tab (spectacular thread last week with someone complaining they have to go in a couple of times every so often when they're so efficient at home- AS showed for the last year they've been on MN 24/7) while they WFH, are less happy when Junior's school trip gets cancelled, or when they're asked to put a mask on. Then they're all THIS HAS TO STOP NOW in Big Capitals.

WFH can simultaneously be beneficial to the individual who likes not having to commute and also beneficial to the community by reducing transmission. Just because you’re getting something out of it doesn’t mean it’s not also valuable to the public. If I’m not commuting and sharing and office then I’m less likely to contract Covid and pass it on, which makes my local supermarket workers, dentist, hairdresser, and children’s teacher that tiny bit safer in the wait until we have higher levels of double vaccination throughout. Just because it’s not the reason why I personally may stay home doesn’t mean it’s not the truth.

To pick a risk with a different order of magnitude, I don’t go walking up the middle lane of the M25 for a variety of completely selfish reasons, but it would still be a danger to the public if I did, and that’s true even though some people have to take the unavoidable risk of motorway work.

Government guidance is still “work from home where possible” isn’t it.

while they WFH, are less happy when Junior's school trip gets cancelled, or when they're asked to put a mask on. Then they're all THIS HAS TO STOP NOW in Big Capitals.

People can work from home and other things still go ahead though.

@ itsjustlowhangingfruit sadly, I agree about the root cause of these resentments. No caps required, unlike some.

You have particularly good reason to work remotely - did you try LinkedIn jobs yet? A number of the roles there are remote now.

Waxonwaxoff0
Yes I agree with this. I have heard it so often on here. But really it just suits the person as they don’t need to commute to work, pay for childcare. But happy to get on with other aspects of life. Just get back to work

a. your question is really a legal question

b. I am seeing more and more bosses wanting their workforce back in the office[even though some of them sold some of their office space! ]
Why?
Actually, I think I will start a thread with that, because what has happened/changed in the meantime?

@Pinkandpink - if they are WFH they ARE at work. That is the W in WFH.

What part of this is so challenging to you? Or do you believe that everyone has to physically be sitting in the same space called ‘the office’, in which to work? Did you never have to work weekends from home to meet a deadline prior to this bloody pandemic?

Are you perhaps confusing WFH with furloughed workers, who have been paid by the Government regardless of whether they work or not?

I think you are fearful and I can understand that not being in an work environment for so long. I returned from mat leave to a Frontline nhs job middle of the first lockdown and was very fearful. You will be fine. It is good you have had the luxury to wfh for so long.

Your employer must undertake a risk assessment if they have not done already. If there are more than 50 employees there should be a COVID secure statement on their website.

In addition if you are clinically vulnerable or clinically extremely vulnerable or have a disability that’s impacted then an individual risk assessment must be done in addition to the standard company one. Any reasonable adjustments required must be considered- a doctors note will assist this process.

Your employer has duties for your health safety and welfare under HASAWA.

If someone were to get COVID at work then they would need to do an incident report and IF it is found to have come from the workplace it is RIDDOR reportable to the health and safety executive.

It would be fairly hard to prove it came from the office based on my experience working in this field.

You go back to the office and work like the rest of us who have been in throughout. Kitchen a free for all? Wait until it's empty. You were employed to do a job at a particular location. Your employer wants you back in the office. Get on with it or find another job is my advice.

@DadAManger I presume @Pinkandpink meant get back to work in the office outside the home as detailed in the OP?

I’m on the shielding list and was still forced back to the office when shielding ended despite the fact we can do the job from home. I loathe it and I agree with you, it’s just a matter of time.

I should add that your company kitchen should not be operating in the manner you describe. Again this should be included in the risk assessment.

'Get back to work' but if you are WFH then you are at work.

I am happy to own that I like WFH. I like not having to go into the office. I like being able to phone people and know they will answer rather than waiting for them to come back to their desk/be free from a chat with someone else. I like being able to be quiet when I need to concentrate. I like that I am able to explain things so much better when we share screens. I like that people are able to explain things better to me when we share screens.

I also like not having a 45 minute each way commute (I originally signed up for a 20 minute commute but the company moved).

Is that owning it enough?

Find a job that involves permanent working from home if you can't be arsed to go back.

@Geamhradh

People criticising the criticises...thing is, it's wanting your cake and eating it...the people happy to have Mumsnet open on one tab (spectacular thread last week with someone complaining they have to go in a couple of times every so often when they're so efficient at home- AS showed for the last year they've been on MN 24/7) while they WFH, are less happy when Junior's school trip gets cancelled, or when they're asked to put a mask on. Then they're all THIS HAS TO STOP NOW in Big Capitals.

This a million %