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?

@GnomeDePlume

'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?

You can still share screens when people are back in the office, the functionality doesn't cease to exist just because you step foot into an office. At least you're honest though, it's better than not wanting to being masqueraded as concern.

@ Sparklingbrook - you are right of course, this is what was meant. I am just surprised by this “get back to work”, “suck it up buttercup”, “I get sneezed on every day, why are you precious” attitude, when we know very little about the situation the OP faces or whether she should do nothing, try to change the set-up in the office or ask to WFH longer. There seems a resentful attitude that those that have WFH have enjoyed a luxury which now needs to end pronto. This has not been my experience at all.

@HappyTimeTunnelDinosaur

I agree with you sort of. I also don't understand why everyone keeps shouting that people need to return ASAP. Many have been working just as well, if not better from home and the impact on the environment is amazing. To me more people being able to wfh is a fantastic opportunity for less car journeys and better air quality etc.

This is such a good point! The push to go back to the office comes from three places imo;

1. MPs with large property portfolios (or who have friends with large property portfolios) who rely on companies paying rent. They're terrified that companies will realise the economic efficiencies of home working.

1. Managers who are incapable of doing their job without micro-managing, and those who don't like the idea of improving their employees' work-life balance

1. People who's jobs necessitate that they can't work from home and so they jealously and bitterly react to anyone who wants the perfectly reasonable option of WFH. I say this as one of the fellow workers who's job is impossible to do from home, by the way, and I've been on the front line throughout the whole pandemic. I don't understand some of these previous poster's attitude that just because I can't work from home, no one else should be able to. So bitter and weird.

Aside from the fact that WFH has proved to be just as effective, and even more effective in some cases, that office work, and also the fact that many workers have reported an increase in satisfaction and productivity, surely the obvious environmental benefit should make us all realise that it's the future of working, whether us humble shop workers like it or not?

OP, you're being reasonable. There is existing pre-pandemic guidance that allows you to make flexible working requests such as WFH, and employers are required to respond "reasonably". If you're in a union, I'd get in touch with them

I never realised some people are so invested in which building other people, sit and do their job from.

Were people this invested, in where people did their jobs from before Covid?

OP, there’s a world of difference between individual employees thinking they work ‘well’ from home and the business functioning to the best of its capabilities.

Your bosses are clearly prepared to make a business case for people being back in if questioned. They won’t be questioned as there’s lots of slack in the official advice. It is entirely their call.

You weren’t going to be able to hide under the bed from Covid for ever. You’re vaxxed now and need to get on with it. Life goes on.

People always say "some of us have had to go to work throughout". Well, yes. I don't think anyone has failed to understand this and there's been lots of talk about the amazing keyworkers who kept everything running.

And the fact a lot of us were able to stay at home and did so is what helped keep infection rates lower. More mixing = more infections = more risk for everyone. The situation will look a lot different in a couple of months time when most of the adult population is fully vaccinated, as that will reduce transmission and infections.

@ minatrina - this x1000. :)

How could you ever prove where exactly you caught the virus.

@ Sparklingbrook - you are right of course, this is what was meant

So the hair splitting isn't helpful.

It's not jealousy and resentment, I work in retail so am fully aware of the risks yet I am more than happy to be back at work after some periods on furlough. I believe the risks are very small, when sensible precautions are taken (although impossible to maintain a 2m distance in my shop - I am happy to take the risk).

I only know two people who work from home - DH and a friend, both hate it, they say it does effect their work - normal interaction with colleagues is almost impossible, my DH started a new job during Lockdown, he hasn't even met most of his colleagues and the team that report to him, really hard to build relationships via Zoom. He would love to be in an office.

Personally I've WFH since March and much prefer it. However I'll go back in without a fuss when called back.

We were supposed to have a phased return from this week in line with government guidance. That's been pushed back till the July date.

Maybe your employers are sick of dancing to the tune of the government who have continually messed up.

I agree with you OP. I’m pretty sure the guidance is still to work from home where you can. If you’ve done it successfully for 15 months I don’t see any rush in ending that.

I’m still 100% wfh whereas some of my colleagues are going into the office now. They have had a couple of socials in the office which I’m pretty sure is against the rules, so I have no wish to mix with them anyway.

I get that I’m lucky that I can do this and for many other professions it’s much more risky but I reckon I’m doing my bit in being careful - I’m less likely to be a strain on the NHS this way and less likely to give covid to a vulnerable person.

DS1 is currently looking for jobs for when he finishes University. A lot of them are WFH. It's his choice obviously but I think that would be difficult and a bit miserable to start with. there's a lot to be said for the social interaction and meeting people that work brings when you are in your early 20s.

If you’ve done it successfully for 15 months I don’t see any rush in ending that.

But you’re not privy to the performance data of the OPs company, so why would your opinion hold any weight at all?

“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. “

Sounds pretty standard for most office, including doctor surgeries and hospitals who have been working throughout.

@nordica

People always say "some of us have had to go to work throughout". Well, yes. I don't think anyone has failed to understand this and there's been lots of talk about the amazing keyworkers who kept everything running.

And the fact a lot of us were able to stay at home and did so is what helped keep infection rates lower. More mixing = more infections = more risk for everyone. The situation will look a lot different in a couple of months time when most of the adult population is fully vaccinated, as that will reduce transmission and infections.

Not everyone working out of the home is a key worker. I'm not. We get totally forgotten about.

I think you're right to be concerned if cases are rising and the ventilation in your office is poor. I have the same concerns about our office - no opening windows and an old air conditioning system that needs constant maintenance and has visible mould. Many have worked in supermarkets, NHS, public transport, factories etc and they have my absolute admiration, but that doesn't mean that it's safe for everyone and you're right to have concerns.

So many jealous resentful people on this thread. Just because some people can't work from home does not mean no one should.

The Mr has had notice of how they are to return to office, we think it's quite simple, you do what your boss says, if you want to get paid.

Just because some people can't work from home does not mean no one should.

That’s not it at all. Just because the OP thinks she works well from home doesn’t mean a) that’s true or b) even if true, it’s optimal for the company.

If your contract says you work from an office, then that stands. I don’t know where individuals got the idea they would be calling the shots.

I'd like to add to my post upthread that I would love you all to come back to work because you keep me in a job. And I like being busy. I'm a bit bored, to be honest.

OP, your employer has a duty of care. I'd ask to see their risk assessment. Fresh air is the most important in situations like this, not recirculated air. www.hse.gov.uk/coronavirus/equipment-and-machinery/air-conditioning-and-ventilation/index.htm

Omg. What is wrong with some of you people?! Seriously.
Op has been successfully working from home all this time, if she hadn’t of been I am pretty sure this would have been flagged up by now.
We are told to wfh where possible. She doesn’t feel safe going into the office and why would she? We all know how it’s spread, sitting in a room with ten people all day doesn’t fill her with confidence.
I really feel for all the people who had no choice than to go out to work, it’s really really shit. Is it op’s fault you had to go to work yet she could wfh? No it isn’t. She is trying to protect her health.
For all you know she hasn’t been out to the shop etc. You clearly have a hatred for those who have been wfh and probably think they have had an easy ride wtf.
So op she go back to the office and feel unsafe to do a job she does well at home - why exactly? So you lot feel better about the fact you were forced to so now it’s her turn? - Nice.

Op has been successfully working from home all this time, if she hadn’t of been I am pretty sure this would have been flagged up by now.

There is a clear difference between what is acceptable when fire fighting during a pandemic and what’s needed to build the business for the future.

For many companies, the real danger is this coming few years. I don’t think that’s really sunk in with most people.

The call is her employers. I have no idea why that’s controversial.

Thekeatingfive Why do you care where the OP works?