Hi all.
As always, this forum has served me well, especially in employment issues.
The company I work for is talking behind the scenes about forcing everyone back to work in the office from next week.
To be clear, I do not want to go into central London and commute on the tube. I am not high risk, no one I live with is high risk, although my mother is 64, and we are her support bubble, I would not want to see her if I commuted each day, and that is my main motivator.
We have not been consulted about this.
I AM working effectively from home, I just think one or two people are messing around, there are also one or two who actually want to go in.
Because I had feelings things like this were going to happen (the CEO is a dickhead, who will be working remotely from Italy, with the CFO working remotely from Abu Dhabi, but sending everyone else in), I have already resigned. My notice ends in the middle of December.
In view of the fact I have already resigned and have no reason to stay, I am thinking I might just go along the lines of "I'm not coming in, you can either let me work from home or terminate my contract." I would be happy to have a couple months off before my new role so this wouldnt bother me.
Does anyone know if it is as simple as above? Ie I can refuse to go in and they can refuse to employ me without any further consequences such as breach of contract etc?
As a bit of further context, this is the office we worked in 3 years ago that we are moving back into now, and they are going to be moving more people into it during COVID than worked there when there was no COVID issue..
2
Comments
I don't think you need to mention to them about terminating your contract, just say you're not going in. What can they do? Come round and drag you to the tube station?
I think when they announce it I will just say "I'm not going in." And see what they say. Any sanctions they can threaten me with don't scare me anyway.
I have had no problems commuting into central London really . There are always some people not wearing masks or not wearing them properly (I would have thought the p=majority of these are not exempt unfortunately), but if they move too close to me, I just get up and move. We support my partner's parents who are in their late 80s, one of whom is diabetic. We just take extra precautions around them and don't go into their house unless necessary, e.g. to fix something and take the necessary precautions and wipe everything down etc. after.
https://www.acas.org.uk/working-safely-coronavirus/returning-to-the-workplace
Is there not a middle manager you get onside other than the 2 a-holes you mention who are out of the country? I would hope it could be resolved stress free and without conflict.
Yeah I saw that, thanks for that.
The CFO is my manager. The CEO basically dictates and no one will dare contradict him.
Have you seen anything in wages since you started?
But the question is, what was the outcome of your employer's consultation with you? I am guessing they haven't yet entered into one. So, if they insist you work from the office, you should suggest that they arrange to enter a consultation with you before reaching that decision. (And, if I were you, I would suggest a few dates that you might be free to start that consultation process, towards the end of November (since you are so busy, with all the work you are doing for them, safely, at home)).
But like you said, I will just string out "consultation" dates as they have literally never said a word to me about it. They haven't consulted anyone.
so what is the actual problem then? If you refuse to go back in the office and they did terminate your contract it doesn't sound as that would bother you so is it the fact they might come after you for breach of contract? If they did surely you can argue you can work effectively from home and Government advise is to work at home wherever possible.
Go back and see the GP in 4 weeks. Say things havent improved. You'll be signed off for another 4 weeks.
Ok, may not the way of doing things BUT being forced into the office and onto public transport is enough to give anyone stress at the moment.
Tempting, just moved house, should register with my GP ;-) haha.
But that said, if you van work from home, why do you have to go in?
If you feel your safety is compromised (whether it is or not, it's what you perceive) then you have a statutory right to withdraw your labour, but in that case would have no reasonable expectation to continue to be paid.
Technically a breach of contract but in the current climate, and has @Wilma states above, it would not be in their interest to sue you for that breach as it would be nigh on impossible to quantify the resultant loss to them and would cost them more in legal fees than they could ever hope to get back.
"To help contain the virus, office workers who can work effectively from home should do so over the winter. Where an employer, in consultation with their employee, judges an employee can carry out their normal duties from home they should do so."
to everybody in the company just so everyone knows the situation. I can't see them disciplining you for sharing Government advice.
One of the main things my boss (in Abu Dhabi) keeps saying is "this would be so much easier in the office looking at the same screen" which in itself means that social distancing would not be happening.
I can't believe you've not got the technology to share the screen (just came off a call at work with someone where we did that). Basic office tools like Skype, Zoom, Teams all offer this.
He sounds like a control freak (the sort of person where employment law is meant to protect him from his own bad instincts).
The idea would be that I would be able to show the London staff how to do stuff. Screen sharing works absolutely fine, unfortunately one of the people in my team is incredibly inadequate, and I think my boss is trying to excuse it by saying it's because we aren't in person etc.
The CEO absolutely is a control freak, and gets incredibly angry when he doesn't get his own way. Which is why most people will go along with it.
My mum summed it up when I told her "that's going against all government advice, you've got nothing to lose anyway..." My mum is often the angel on my shoulder trying to keep me responsible so if she agrees...
I think when the announcement is made I will talk to my manager and HR saying I refuse.
The most likely scenario though is that we all get told in a conference call and everyone will be too awkward to say anything against it, so I am tempted to do it then.
I had taken 4 days holiday (exc bank holiday) in the year up until October, and I know I can't take any in November etc, their response was "no one takes holidays at companies when there are deadlines." There has literally not been one week where we have not had a deadline to meet, there had not been any time I could have taken any holiday.
Part of the great thing about resigning is I'm going to get paid a tonne of accrued holiday which I would have lost!