That is what Boris Johnson said last night, if you cannot work from home, you must be actively encouraged to return to work. However, the thought on many employees minds this morning is can my employer make me return to work if they do not have in place the necessary measures to keep me safe and well?
Well, the employee will not really know that until they actually return and see for themselves. There may be some employers that have been extremely vigilant and have already put in place the necessary measures to support and protect their workforce on a return having already notified them in advance of the precautions to be taken on return.
However, there will be many employers across England writing to their employees terminating their furlough leave and expecting their employees to return to work on Wednesday without having given a thought to what measures they are going to put in place. So when these employees return, they find that there is not PPE in place, there is no distancing, so they are sat next to or working alongside colleagues in close proximity and there are no processes or procedures in place if people become unwell whilst at work.
Employers are under a duty to protect the health and safety of its workforce and an employee has the right not to be subjected to any detriment by any act, or any deliberate failure to act, by his employer under section 44 of the Employment Rights Act 1996. So employers need to be thoroughly prepared before calling in their workforce as a failure to make sure that the necessary precautions and measures are in place may give rise to complaints and potentially a justified refusal to return to work.
For help or advice on employment law matters, please contact Emma-Louise Hewitt e.hewitt@sydeymitchell.co.uk 0808 166 8860
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