Employment Lawyers Can Answer Your Employment Law Questions
Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.
How long have you worked for your employer?
Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience. First of all you cannot expect to be furloughed unless there is no work for you and the business is closing down temporarily as a result. In other words, if your job is still there and can be done, there is no furlough situation.
In terms of working from home, it is encouraged for employers to offer that to employees in order to avoid people mixing in the workplace, but it is not mandatory. If the employer is not allowing you to work from home then it is a question of taking unpaid leave, self-isolating if you meet the criteria and getting sick pay, or taking short periods of dependency leave where you are taking unpaid time to deal with unexpected situations involving your kids, but as this is a situation that is already known it is not an emergency.
I appreciate this may not be the answer you were hoping for but it is the legal position and I hope that it at least clarifies where you stand?
There is no legal ground to argue that but there is of course nothing stopping you from raising this with them, but what I mean is that legally they are allowed to treat you differently if they wanted to – it is unethical, not illegal.