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?

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.

And just because a business or boss think its not working, doesn't mean its not.

If employees wanted to work flexibly (hours or location) they would put in a request and a business could only refuse if they had a business case. I have seen so many that, that are just excuses and mean 'we don't want you to' but people don't often follow it up and take it further so they get away with it.

Before lockdown, the government said work from him where you can. Loads of companies remained in work because they claimed they couldn't work from home. But the same businesses moved home as soon as lock down came.

Just because a business doesn't want you to remain wfh, doesn't mean its wfh isn't working. It can just mean the boss is a micro manager.

If the ops business wants her to return while 'work from home if you can' is still in place, she is right to question why they are returning now. When they have been wfh for 15 months.

Why do you care where the OP works?

Why do you?

She posted looking for feedback.

What baffles me is that all the talk about WFH centres on what the employees want, less commute, better work/ life balance etc. There's never a conversation about the impact WFH policy is having on the level of service provided to customers and other businesses. Service levels have plummeted in many organisations with Covid and staff WFH being used as an excuse. There's also a huge drive to provide less personal phone/ in person contact and just to direct everyone online to find answers. It is beyond frustrating and just not good enough.

And just because a business or boss think its not working, doesn't mean its not

Firstly, they are the ones with the data on productivity, financial projections, competitor analysis, and an understanding of where the business is going.

But secondly and more importantly, as the owners and leaders of the business, theirs is the opinion that matters.

I can see your concerns too op. Do you know when your second jab will be? The govt have been very open that one jab isn't much protection against this variant.

10 people without masks is quite a lot and I would feel bothered by this too.
If they're happy with your work I'd want to keep wfh too. Is there a compromise to be reached? Until you've had your second jab?

OP I think you've had some tough responses here.
Yes 1000's have worked throughout lockdown, my understanding is though that those able to wfh did so to facilitate and reduce transmission in order key workers were at less risk. The wfh order is still in place. Therefore your concerns are logical and valid to me anyway fwiw.
Of course companies are keen to return to previous practices, the reality is that a few weeks more really isn't going to impact them , in your shoes if you're uncomfortable I'd go to your boss and have an honest discussion, putting forward your own proposals.

@Nutsoh - Where I work, coming back to the office has been postponed until the guidance changes and even then it will not be everyone back at once. I have personally had to be in work, but I am in the minority in having had to be in throughout with just a few days wfh.

Work has been really good and taken risk assessments really seriously. Eventually we will come back to hybrid working.

In your position I would definitely query why you are asked to be back in when the guidance still says wfh where possible. If work still will not be flexible, I would want to see the risk assessment.

I always wonder if on these threads the op is genuinely scared and suffering from anxiety or simoly likes working from home and doesn’t want it to stop.

Firstly, they are the ones with the data on productivity, financial projections, competitor analysis, and an understanding of where the business is going.

And you are assuming the data shows that the op or other employees aren't performing.

Performance is not the only reason employers want people back.

But secondly and more importantly, as the owners and leaders of the business, theirs is the opinion that matters

Of course their opinion matters. But its just an opinion. The advice is to work from home where you can. So right now, they shouldn't be making business decision on their opinion.

I am not surprised the OP wants to know why now, what's changed and actually do they have any proof and what happens if covid goes round the office.

Because an employer that makes people go back now, then gets cases in the office have several problems.

Firstly the optics, alot of our corporate customers would drop us if this happened to us.

Secondly, if lots of staff have to go off because they are sick, there's a bigger risk to the business. Because there may not be enough people to do the job. So a serious risk to the business and its income.

Then there's the longer issue, which lots of companies are still investigating, that if you bring workers back while working from home rules are in place, what responsibility do they have if the employee gets sick and can't return for a long time due to recovery.

Where I work, people have found that they much prefer working from home. Almost no one wants to go back in the office.

Most people (perhaps with a couple of exceptions) are more productive at home. We're engineers, not call centre workers. Being able to focus away from noise and distractions is a bonus.

Sometimes, face to face working does help - such as in planning meetings. But I honestly feel that going back in the office full time would result in a drop in productivity. For instance:

1. Commuting takes up time and energy.
2. Noise, movement, and the lack of privacy in the office is a distraction.
3. In the office, people are far more likely to grab you for a chat about non-work stuff.
4. If people can see you there, they're also more likely to approach you with superfluous work talk. You have less control of people trying to take up your time.
5. For introverts, (which most engineers are), the experience of being in an office is an energy drain that takes away from their ability to work.

Our company is, so far, promoting a part-time office policy. There is a worry that the best people will quit and get jobs where they can work remotely full time. But in general, it isn't a bad idea. It leaves us time to focus when we're at home, while we get chance for face to face contact during planning meetings.

@SilverGlitterBaubles

What baffles me is that all the talk about WFH centres on what the employees want, less commute, better work/ life balance etc. There's never a conversation about the impact WFH policy is having on the level of service provided to customers and other businesses. Service levels have plummeted in many organisations with Covid and staff WFH being used as an excuse. There's also a huge drive to provide less personal phone/ in person contact and just to direct everyone online to find answers. It is beyond frustrating and just not good enough.

While that’s true, we don’t know what OP’s role is. My role is entirely internal-facing. And a lot of it involves dealing with people at my company’s other offices around the country and around the world. So I wouldn’t have much face to face time with people if I were to go back in because they’d be in Birmingham/Bristol/New York/Delhi, and I have next to no interaction with people outside of the business.

@TheKeatingFive

And just because a business or boss think its not working, doesn't mean its not

Firstly, they are the ones with the data on productivity, financial projections, competitor analysis, and an understanding of where the business is going.

But secondly and more importantly, as the owners and leaders of the business, theirs is the opinion that matters.

Haha - I’m not seeing any evidence of that where I work.

Business owners are not gods and would do well do listen to employees to be honest. Employees opinions do matter, they aren’t slaves and as they’re the ones actually doing the majority of the work collectively- why not take their opinion into account?

Personally I think there’s a bit of an underlying lack of trust, jealously and thinking the worst of people when it comes to WFH.

I think there’s a good balance to be struck between WFH and being in the office.

This country treats its employees like shit, expects them to whip into line and forgets that they’re actually people too, not slaves to their boss.

Of course their opinion matters. But its just an opinion. The advice is to work from home where you can. So right now, they shouldn't be making business decision on their opinion.

No, the opinion of the owners of the business isn’t just one opinion among any. And quite honestly if you don’t understand that I wonder how you’ve lasted in the world of work.

The official advice leaves lots of loop holes for employers to take advantage of. That was deliberately done.
Performance is not the only reason employers want people back.

They don’t need any reason beyond this is what they want for the business.

Business owners are not gods and would do well do listen to employees to be honest. Employees opinions do matter, they aren’t slaves and as they’re the ones actually doing the majority of the work collectively- why not take their opinion into account?

They’re at liberty to do whatever the hell they like.

The risk for them is if people don’t like it they’ll leave. They know that risk. Up to them if they want to take it.

No, the opinion of the owners of the business isn’t just one opinion among any. And quite honestly if you don’t understand that I wonder how you’ve lasted in the world of work.

Because I recognise that not ever opinion I hold is the best one. And sometimes, yes, the business owners opinion is wrong. Like my MD, who report directly to, thought certain teams could work from home....actually could and the data shows its successful.

His opinion was wrong. You seem to working on the assumption that this business has lots of data to back up, ignoring the 'work from home if you can' that is STILL in place.

They don’t need any reason beyond this is what they want for the business.

That's not true. Flexible working requests are a legal right and 'we just don't want to' isn't a reason to knock back a flexible working request.

I am questioning how you have survived in business or any work environment not knowing that. Or assuming that just because someone senior, says something it must be true and adhered to and can't be questioned.

Thankfully, the fact that I don't accept what people tell me, regardless of their job title, is why my boss values me as an employee.

I'd want to wait till I'd had both jabs but I don't know what you can do. I think a lot of people have found WFH to be fantastic, my DH no longer has an hour and a half commute each way so has an extra 3 hours every day - not to mention the money saved and less pollution. It's not for everyone and that's fine, but I think companies are going to find people want to work there is at least some flexibility now that they've had a taste of it.

His opinion was wrong

But he calls the shots, he takes the decisions. So it doesn’t even really matter.

The bottom line is if you signed a contract where you work in an office then it is at your managements discretion to change this.

They might be doing this for ‘right’ reasons or ‘wrong’ according to you. They may or may not be taking employees views into account. They might be making good calls or bad ones. But the power lies with them.

I've been working a mix of on and off site since last August (we're in an area that's had a longer extended lockdown or we'd have been back in last July). A manager suggested a cross-team outdoor social event on site in a few weeks. The staff who have worked on site wondered how they'd get off the rota to attend; those who've been WFH all along went into a total headspin about being invited back onto site. It seems more scary than it is in reality if you've got used to working from home.

I can see why it’s hard for people who’ve had the privilege and safety of home working for 15 month, getting back out there must seem daunting especially with the delta variant.

Maybe you could ask for a phased return?

A part time return?

Wear a mask at your desk?

Proper ventilation?

Yah, people need to get back to work. It is pathetic. Tube is empty at 8am yes packed on Sunday afternoon at shopping. Oxford street is rammed Canary wharf is empty. Get back to work people.

IF you can go to a restaurant / see friends at home you can go to the office.

But he calls the shots, he takes the decisions. So it doesn’t even really matter.

My god! Where do you work that the owners really can't understand their perception may not be the actual facts?

The bottom line is if you signed a contract where you work in an office then it is at your managements discretion to change this

I, personally, didn't. And even if you did flexible working can still be put in place even if it's not in contract.

They might be doing this for ‘right’ reasons or ‘wrong’ according to you. They may or may not be taking employees views into account. They might be making good calls or bad ones. But the power lies with them.

You are insisting they are doing it for the right reasons. And actually, employees do have the right to question something if they feel its not right. The OP has the right, to question wether this is safe and ehat happens if they become ill, long term or if 10% of the office end up not being able to work due to sickness.

Especially, since the guidance (that her company has followed up to now) is to work from home where you can.

I am still in touch with ex colleagues at two Universities. The science ones have been going in for months though it’s a mix of labs with face to face teaching and working from home. One of my friends is manager of a Hall of residence and has been at work all the time. Another works in IT services and has been at home 100%. She is absolutely miffed that’s she is expected back on campus in September for part of the week.

I get a lot of it is due to role and it was and is helpful to be at home but its breeding some resentment on campus.

Whilst I think the OPs employers are being unreasonable, I cannot think legally there is a case (non-legal opinion). Guidance is not law, and the government has flip-flopped over whether it wants people in offices, perhaps depending on who was last to have 'bent their ear'.

Even less so when they are only asking for 50% occupancy, though in pre-Covid times by the time you took account of staff on holidays, in meetings off site, some working from home because of unexpected domestic matters, I expect it was never anywhere near 100%.

Yah, people need to get back to work. It is pathetic.

People are working, they're just doing it from a different location.

A lot of them have realised how pointless commuting to an office really is. The same work can be done from home.

The only reason I would support a return to the office, at all, is to protect jobs. Work that is done remotely could be outsourced to a country where wages are lower.

Where do you work that the owners really can't understand their perception may not be the actual facts?

I’m not talking about perceptions but their power to make change within the business. Management make those decisions.

I, personally, didn't. And even if you did flexible working can still be put in place even if it's not in contract.

Well then it doesn’t apply to you. I suspect it does to the OP. Yes she can request flexible working, but I doubt there’d be up for granting wfh forever.

You are insisting they are doing it for the right reasons.

I’m not at all. Actually read my posts.

And actually, employees do have the right to question something if they feel its not right.

Sure, but in the knowledge that they don’t necessarily have sight of the wider business needs.