Employer requested me to return to work

angela1711

Hi guys, I just want to clarify what the official position is in regards to the following:

I’ve been working from home for the past month or so. I work for a business considered essential but my work is an office based role. My job can 100% be done from home. At the beginning of January I have spoken to my main manager and he allowed me to work from home. Fast forward to today the owner of the business was asking about me. He rang me and said that he’s the boss and he would never agree for anyone to work from home. He requested me to return to work and said that nobody else was working from home.

I pretty much said that they are in breach of the current restrictions as the official advise is that no one can be physically present at work unless providing an essential service that cannot be delivered remotely. Was I right in saying this ? We left on a really bad note and I am considering handing in my notice

Dav010

angela1711 wrote: »

Hi guys, I just want to clarify what the official position is in regards to the following:

I’ve been working from home for the past month or so. I work for a business considered essential but my work is an office based role. My job can 100% be done from home. At the beginning of January I have spoken to my main manager and he allowed me to work from home. Fast forward to today the owner of the business was asking about me. He rang me and said that he’s the boss and he would never agree for anyone to work from home. He requested me to return to work and said that nobody else was working from home.

I pretty much said that they are in breach of the current restrictions as the official advise is that no one can be physically present at work unless providing an essential service that cannot be delivered remotely. Was I right in saying this ? We left on a really bad note and I am considering handing in my notice

https://www.citizensinformation.ie/en/employment/employment_rights_during_covid19_restrictions.html

The guidance given by the Government is advice, unless you are required to be physically present, your employer should let you work from home. He is not breaching the restrictions if he deems your presence to be necessary. He does however need to ensure you have a safe working environment, so, if they have complied with that and have all protocols in place, you need to do your research on what is guidance and what you think the employer can’t do.

Note, there was a recent case where an employee won an unfair dismissals case where an employer refused to allow wfh, but this was case specific and may not necessarily apply to someone just refusing to go back to the office.

thefa

Imagine either other employees have brought it up or the owner is more traditional in the idea of supervision than your manager or a mix of the two.

Have you other reasons to be disgruntled with the job? There must be if you are considering quitting over this which in effect would be going back to way you were working up until the new year.

irelandhouse

Few bits.

Do u know if others are working from home.

Has there been any detereration in your work since working from home

The main manager what is his thoughts.
Do you have any communications from him regarding your conversation of working from home.

What benefit does the owner see in u working from.the office Vs home.

Would you be able to piece together your concerns and observations for the owner and noting anything positive from the role.since working home.which had lead to a positive business gain that could demonstrate working from home.assisted ?

The above may seem unnessisary but if u need to answer for.yourself do you want to work for.this company ? If so create.the argument to our all this to bed

angela1711

Yes I have loads of other reasons to be thinking about handing in my notice. The main manager is the owner’s son so he just denied that we ever spoke about working from home. He is basically afraid of his father. The business also has a non essential side which is practically open as normal even though it shouldn’t be. They couldn’t care less about the restrictions.

I thought that the official advise is that everyone must work from home unless providing and essential service that cannot be delivered remotely.

I spoke to one co worker who said that she was working from home back in March and never got paid for it.

There is no reasoning with them as they just keep changing their mind and pretend they never agreed or never said such and such.

To give you an example, back at the beginning of 2020 I was send on a training course and had to go in to my manager and keep asking to be paid for diesel for about a month. He was literally calculating how much diesel he thought the car I am driving would use.

Cyrus

angela1711 wrote: »

Yes I have loads of other reasons to be thinking about handing in my notice. The main manager is the owner’s son so he just denied that we ever spoke about working from home. He is basically afraid of his father. The business also has a non essential side which is practically open as normal even though it shouldn’t be. They couldn’t care less about the restrictions.

I thought that the official advise is that everyone must work from home unless providing and essential service that cannot be delivered remotely.

I spoke to one co worker who said that she was working from home back in March and never got paid for it.

There is no reasoning with them as they just keep changing their mind and pretend they never agreed or never said such and such.

To give you an example, back at the beginning of 2020 I was send on a training course and had to go in to my manager and keep asking to be paid for diesel for about a month. He was literally calculating how much diesel he thought the car I am driving would use.

Is there an issue with your work since you started wfh? Are you now trying to mind kids and work at the same time maybe ?

angela1711

Yes I am minding one child but this hasn’t really been an issue as my husband is also home at the moment and he keeps an eye on him while I am working plus I don’t work full time so it’s a tiny bit easier to manage everything.

My job is very much target based so once the target is met there shouldn’t be an issue on my employers side.

9935452

Op
Were you working at home all last year or did it start in january ?

angela1711

9935452 wrote: »

Op
Were you working at home all last year or did it start in january ?

I worked from home briefly during the first lockdown. I just returned from holidays when this all started and they were afraid that I might have Covid so they asked me to wfh.

FileNotFound

angela1711 wrote: »

I worked from home briefly during the first lockdown. I just returned from holidays when this all started and they were afraid that I might have Covid so they asked me to wfh.

Lots of people totally ignore the employer liability when they agree wfh.

Once an employer agrees officially - they are first opening themselves to being tied into this once the new laws come in ( might be thinking of that )

Also they are by law required to risk assess you work area - pay an ergonomics company to do this and supply you with desks etc as may be required. (You might not need one but once you wfh - he/she cannot really refuse others without creating bad blood).

IT support for off site staff - does it exist? If not they will need that too now - more cost .


If you have a poor relationship he will be thinking like the above - you currently have no legal requirement to wfh but actually may be contracted to work at their location - read the contract?

You don't really have a leg to stand on legally and clearly they either care not for the advice or they may question your efficiency (Do you work the hours or just do the job needed and log off - your payed for the hours).

Locotastic

angela1711 wrote: »

Hi guys, I just want to clarify what the official position is in regards to the following:

I’ve been working from home for the past month or so. I work for a business considered essential but my work is an office based role. My job can 100% be done from home. At the beginning of January I have spoken to my main manager and he allowed me to work from home. Fast forward to today the owner of the business was asking about me. He rang me and said that he’s the boss and he would never agree for anyone to work from home. He requested me to return to work and said that nobody else was working from home.

I pretty much said that they are in breach of the current restrictions as the official advise is that no one can be physically present at work unless providing an essential service that cannot be delivered remotely. Was I right in saying this ? We left on a really bad note and I am considering handing in my notice

My employer never let us work from home throughout the past year. Like you, my job can easily be done from home and it is technically considered to be in one of the essential sectors.

I don't need to be physically there at all along with about 40 other people every day, who also should be working from home.

None of us are allowed, no exceptions. Nothing we can do about it apparently, unless the employer is amenable then it's go to work as far as I can tell.

Until God forbid one of us gets covid and the whole place has to close for a few weeks.......