Coronavirus: Can my boss force me to go back to work?

Image copyright Getty Images

The number of people going back to work is set to grow, with lockdown measures gradually being eased across the UK.

But many people are worried about the risk of contracting coronavirus once they return. So what are your rights?

Should I be returning to work?

Employees who can work from home are currently advised by the government to continue to do so.

However, speaking in a Facebook Q&A video, Prime Minister Boris Johnson hinted that advice may change soon, saying: "People should be going back to work if they can now."

Responding to a question about extending the furlough scheme, the prime minister said: "I think everybody has sort of taken the 'stay at home if you can' - I think we should now say, well, 'go back to work if you can'."

For those who do return to work in England, government guidance on working safely across a range of sectors is available. There is separate advice for Scotland,Wales and Northern Ireland.

Firms should be ready to "move quickly" if the rules change, says the Chartered Institute of Personnel and Development.

That means employees might have little notice if their company wants them to get back to work.

Can my boss make me work?

This may now become an issue for workers in public-facing jobs like bars or restaurants.

Employment law expert Simon Rice-Birchall, from Eversheds Sutherland, says that people who do not show up for work should not expect to get paid. However, employers should be "extremely careful" about deciding to discipline or sack them.

Under employment law, workers have the right to walk off the job to protect themselves from "serious and imminent" danger, he says.

Image copyright Getty Images

Will vulnerable people have to return to work?

There are 2.2 million people in England classified as being at high-risk, including those who have received organ transplants or are on immunosuppression drugs.

Employers must be "especially careful" to protect such people, says Tom Neil, from arbitration service Acas.

This may include varying their responsibilities, or keeping them on furlough until it is safer for them to return.

From 1 August they will no longer need to shield and may return to work if their workplace is Covid-secure.

What if I don't think my workplace is safe?

Employers must follow a strict code of measures, which can include:

Observing the "1 metre plus" rule of social distancing Introducing one-way systems to minimise contact Frequent cleaning of objects and communal areas Storing returned items for 72 hours before returning them to the shop floor Table service only in indoor pubs and restaurants Venues expected to collect customers' contact details for the NHS Test and Trace system

If employees are unhappy and their employer has not addressed their concerns, they should contact their local authority or the Health and Safety Executive, who can force firms to take action.

The Trades Union Congress (TUC) says companies should publish risk assessments, so employees know what safety measures are being taken. However, it says that not all firms have done so.

How do I get to work safely?

Many people are afraid that using public transport will expose them to the risk of being infected by coronavirus.

Face coverings are currently required on public transport in England, Scotland and Northern Ireland, and their use will also be mandatory in Wales from 27 July.

Employers are also encouraged to stagger working times outside rush hour and provide parking and bike storage.

Acas says employers should discuss with returning staff how they will travel to and from work and offer help where possible.

Health Secretary Matt Hancock has rejected reports that face coverings will be made mandatory for office workers on-site in England, though.

How will people on furlough be affected?

At least seven out of 10 UK firms have reported furloughing workers.

Businesses have been able to bring furloughed employees part-time back since July.

But when the scheme finishes at the end of October, companies may cut jobs. They won't have to keep on employees and cannot use these payments to subsidise redundancy packages.

Image copyright Getty Images

But employers could face allegations of discrimination if they only keep on staff who worked through the crisis, says Acas.

If my children are at home, can I be forced to go to work?

Prime Minister Boris Johnson has said that if schools are not open and workers cannot get childcare, employers should not expect staff to return.

While it is not necessarily legal protection if you refuse to go to work, Mr Johnson said parents and guardians who are unable to return "must be defended and protected on that basis".