COVID-19: Can Employees Refuse to Come Into Work?

By Gary Smith

Partner

The government has changed its emphasis from ‘work from home if you can’ to ‘work from the office if you can’. As of 1 August, some employers are now looking to an immediate return to work for their staff.

Anecdotal evidence suggests that those who are already working from the office are becoming more frustrated with those who aren’t (whether working from home or on furlough), and employers are facing a difficult task to balance competing views of different employees.

The numbers of grievances are rising. Employees who have worked throughout lockdown are burning out and in need of a rest and some time off. A return to some semblance of normality is a necessity for many businesses.

It is worth always remembering that your employees are legally required to follow all lawful instructions given to them by their employer. This applies in these current times as much as it always has done.

With the change in emphasis from the government, as long as the workplace is COVID secure, there is no reason for them not to return.

Each workplace is of course different, but guidance on making your workplace secure includes:

  • Keeping all staff two metres apart, if possible
  • If not, consider other protective measures such as screens and adjusted seating arrangements
  • Introduce one-way systems around the workplace to avoid people coming face-to-face with one another
  • Have a plentiful supply of PPE, including masks, gloves and hand sanitiser
  • Undertake a full risk assessment and share that with your team before they return so that they understand the measures you have taken

Having done all of this and followed the government guidance on making your workplace COVID secure, there can be little argument that instructing staff to return is not a lawful instruction. Any refusal would amount to misconduct which can be dealt with in the normal way.

It is also worth reflecting on the needs of some staff to continue working from home, for example, those who were recently shielding and those with school age children. There is, however, no reason why you cannot be aiming for a return to the workplace and to get things back up and running again.

If you are an employer looking to re-open your workplace but have questions about how this can be done, or are experiencing push back from your employees, please contact our Employment Team on 0345 646 0406 or fill in our online enquiry form.