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james bruce
james bruce, Solicitor-Advocate
Category: Employment Law
Satisfied Customers: 4810
Experience:  Owner at James Bruce Solicitors
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Can my employer make me go back to the office if I can work

Customer Question

Can my employer make me go back to the office if I can work from home the same way I would in the office? I know people in the office don't always follow social distancing or wear masks and I don't feel safe going back as covid number are on the rise again and I don't have both jabs. Is my concern a good enough reason to prolong my work from home as per government guidelines?
Submitted: 16 days ago.
Category: Employment Law
Expert:  james bruce replied 16 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Customer: replied 16 days ago.
Thank you
Expert:  james bruce replied 16 days ago.

What an employer wants to bring staff back to work in an office, they can do so. The government line is advisory only and not law, so not enforceable.

The employer does have a legal obligation to ensure the work place is safe to work, and any risk assessment has been carried out for health and safety grounds.

you would need to raise any concerns you have with the employer. If possible reach an agreement to see if you can work from home. If you feel unsafe to return to work, then you may have to take unpaid leave if they will allow that. They could play hardball and insist you return to work, if you fail to do so they can take disciplinary action.

Expert:  james bruce replied 16 days ago.

Can I assist or clarify anything further?

Expert:  james bruce replied 16 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.