Column: Martin Lord, director of development for Citizens Advice Essex, the consortium of citizens advice charities serving Essex, Southend and Thurrock, reflects on employees being encouraged to return to their place of work
FOR much of the last year, Government advice has been that everyone who can work from home must do so.
However, from July 19, that guidance will end.
During this time, many of us have appreciated the lack of a stressful commute and the flexibility of working from home.
However, there's also a sense that we've lost some of the teamwork and creativity that comes from being together with colleagues in the same space.
Even with the new guidance, many employers will, in practice, adopt policies for their staff to work from home flexibly, but with a requirement to spend some of the week in the office.
If you've been working from home, can your employer now insist on a return to the workplace?
The short answer is yes.
All employment contracts (even if not written) have an "implied term" for you to comply with reasonable requests.
That means your employer can ask you to return to your workplace if your original contract specified that you would be office-based.
You can certainly ask to keep working from home, but that doesn't mean your employer has to agree.
Gazette columnist Martin Lord
Start by having an open conversation with them.
You have a legal right to make a flexible working request which your employer must reasonably consider.
Explain why homeworking would be best for you and the employer when asking.
What can I do if I'm worried about safety measures at work?
Your employer has a duty to ensure your workplace does not pose a risk to your health and safety.
Current guidance says employers should complete a Covid risk assessment and take steps to prevent transmission, including frequent cleaning and social distancing.
Although wearing a mask in an enclosed space will no longer be mandatory, employers will be free to set rules to require workers or customers to wear masks.
If you're unhappy with safety measures at your workplace, you could report your employer to the health and safety executive.
Ideally, though, you and your employer can solve the issues together.
I'm uncomfortable taking public transport, what are my options?
Your employer's duty is limited to things under its control.
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Therefore, there is no clear legal position about whether it must consider the risks from travelling to and from work.
That said, if you're worried about public transport, your employer should listen to your concerns.
They might agree, for example, to flexible working hours so you can travel at quieter times of the day.
What happens if I need to self-isolate?
You shouldn't go to work if you're self-isolating because you have coronavirus symptoms or have been in contact with someone who has tested positive.
If you're unable to work from home, you may be entitled to benefits, sick pay or a self-isolation payment of £500 from your local council.
If you've been furloughed before by your employer, you might also be able to furlough you for the period you need to self-isolate.
Remember that the rules on self-isolating are changing.
From August 16, if you've had your second vaccination, you won't need to self-isolate if you have been in contact with someone who tested positive.
There's more guidance at www.citizensadvice.org.uk and details about how you can reach us by webchat, phone or in person.
Our advisers receive expert training and have access to specialist consultants to ensure you receive the best advice, even if it's complicated.
And it's not just about your employment rights - if you've been impacted financially by any of the issues in this article, we're here to help too.
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