Can an employer make or force a staff member to come into work if their job allows them to work from home?Posted in : Seamus Says - Employment Law Discussion on 8 January 2021
Can an employer make or force a staff member to come into work if their job allows them to work from home?
Seamus: Well, my reason of the regulations and the guidance is that the employer shouldn't be requiring anyone to come in to the workplace if they can in fact do that job from home. So, if the employer is forcing . . . I think that that's the key aspect of conducting this risk assessment. To make a decision, I think you would absolutely have to have a justification for the employee coming into the office or into the workplace.
If you are a manager of 12 staff and those 12 staff have to be in the workplace, it's unlikely that you're going to be able to do the job entirely from home. You're probably going to have to come in to fill that management role. But it's about sitting down and looking through and doing the risk assessment. The government's advice is clear: work from home unless it's not possible. So where it is possible, you should be staying at home and working from home.
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