# Can employer force someone who was working effectively back to office



## SPC100 (23 Jun 2020)

Advice seems to be if you can wfh, please continue to wfh.

But I know of at least one company that has requested folks, that were successfully remote working for past few months, to return to office next week.

Isn't this against the guidance?

Are there any ramifications for employers doing this?


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## lughildanach (24 Jun 2020)

The guidance is only guidance, but it is based on employment law (amongst other things).  Employment legislation requires employers to identify and to take all reasonable precautions to eliminate or minimise any risks in the workplace.  It would be a foolish employer who ignored guidance, as this would open up liability if someone contracted COVID, as they would not be able to show that they took all reasonable precautions.

There could be civil cases, cases brought under Health & Safety legislation, and a company could be directed to close if it was considered to be in breach of the guidance.

The question of whether an employee can continue to work from home is going to be an assessment that the employer will have to make.  I'm sure there are lots of people who could be working from home, but employers have decided for operational or financial reasons that this will not happen.  What is "possible" will depend on the circumstances.  Employers will likely be given a certain amount of discretion, but they would need to be careful.

If people have concerns about returning to work, they should raise these with their employer, or seek advice from their Union or their safety rep (employers are supposed to have appointed one under the Return to Work Protocol).


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## Foxy007 (24 Jun 2020)

If you have an underlying medical condition please speak to your GP before you head back to work.  It's stressful at the very least to go back into the office if you don't want to and are feeling anxious. Check if you have occupational health and make a decision based on what they say about your return to work. Most companies are not too quick to have people back, put them at risk and also run the risk of losing more productivity due to illness...more so if that will be for a considerable time frame.


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## SPC100 (24 Jun 2020)

Even if employer does all the recommended things to reduce risk, if the employees have been successfully wfhing, it seems to be breaching the guidance to ask them to return.

Not to mention increasing the risk of future outbreaks.


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## Gordanus (28 Jun 2020)

I've told my employer that I'll be working from home as long as possible due to having a vulnerable family member (spouse with diabetes, obesity, hypertension - not that I was asked to specify, nor did I) - but employer was responsive. Especially I suppose as my working from home has been pretty much as productive as before... not that management were checking. (In fact, I find I'm working harder than before - probably due to my own committment).


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## SPC100 (29 Jun 2020)

If you have vulnerable household member,  I think that is a clearer case.

But it also seems that some companies are defaulting to - "everyone back to the office with changes x,y,z"

Which appears to be counter the govt advice of that if you can do your job remotely, you should continue to do so.


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