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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 64459
Experience:  Qualified Solicitor
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I need an advice if my employer has right to ask me to work

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Hi! I need an advice if my employer has right to ask me to work in current situation
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Nursery practitioners
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

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.

What does your job actually involve?

Customer: replied 2 days ago.
Government said that we can only work while it cannot be done from home and we can't have contacts with people from other households. My nursery had been closed from Monday and my employer still send us to parents homes to help them out with childcare. But our parents work from home and they are not key workers

How long have you worked there for?

Customer: replied 2 days ago.
Almost 2 years

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.

Thank you. There is some uncertainty over the rules, which is understandable, but the following is taken direct from the Government document about this and this was issued following the latest official guidance:

 

Employers who have people in their offices or onsite should ensure that employees

are able to follow Public Health England guidelines including, where possible,

maintaining a two metre distance from others, and washing their hands with soap

and water often, for at least 20 seconds (or using hand sanitiser gel if soap and

water is not available).

 

Any business can remain open as long as they are not on the list of businesses which must close:

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/875881/Guidance_of_business_closures_250320.pdf

 

So it is not just essential businesses which can remain open – if any other business is open they should seriously consider allowing people to work from home if possible. If they cannot do so, then the guidelines on social distancing and hand washing should be followed, with the phrase ‘where possible’ being key – i.e. not mandatory.

 

If you feel unsafe at work then you cannot be forced to attend and can consider whether to self-isolate, although you will only get sick pay in that case.

 

Does this answer your query?

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