Returning to Work

COVID-19

This information was originally produced by PSC Support as general guidance about returning to work from 1 August 2020. It is for guidance only and not a replacement for legal advice.

As the COVID-19 burden changes, various local restrictions to minimise the spread of the SARS-CoV-2 virus are being put in place. The information on this page could become out of date at any time. Please always check the latest government guidance before making important decisions about your work (links below).

Go to general COVID-19 and PSC information

Should I be returning to work?

You must not go to work if you have COVID-19 symptoms.

If you’re worried about work because of coronavirus, there are:

laws your employer should be following to make sure you’re safe
things to think about if you’re deciding whether to work
ways you might be able to keep getting paid if you can't work or decide not to

You have the right to be safe at work whether you work full time or have a zero-hours contract.

If your workplace is open, employers must follow guidance on making the workplace safe. Your employer should talk to you about what steps they are taking and only bring you back to your place of work if it is safe to do so.

Where to get help and advice

Government Health & Safety Executive ACAS Citizen's Advice Disability Rights UK EASS

Government

Working safely during coronavirus (COVID-19)

The government website has a section at the top with links to information for each nation. Click on the name of your nation for information.

Health & Safety Executive

ACAS

Citizen's Advice

Disability Rights UK

EASS

The Equality Advisory Support Service (EASS)

The EASS is a government funded helpline that has replaced the Equality and Human Rights Commission (EHRC) Helpline.

The EASS advises and assists individuals on issues relating to equality and human rights across England, Scotland and Wales (not Northern Ireland). It doesn’t help organisations which are due to the capacity and funding issues, so is unable to provide face-to-face advice to local users of their services.

Telephone: 0808 800 0082

How will my employer make my workplace safe?

Each devolved nation has developed its own guidance on working safely, which employers must follow if they are open. Workplaces following these guidelines might be called ‘COVID-secure’ or ‘coronavirus-safe’.

Measures vary, but include:

Observing the “1 m plus” rule of social distancing
Introducing one-way systems to minimise contact
Frequent cleaning of objectives and communal areas
In shops, storing returned items for 72 hours before returning them to the sales floor
Table service only in indoor pubs and restaurants
Collecting customers’ contact details for the NHS Test and Trace system.

If you have concerns about your workplace safety and your employer has not addressed them, you can contact your local authority or the Health and Safety Executive who can force employers to take a range of actions to improve control of workplace risks.

Long-term health conditions

PSC is a long-term, progressive health condition and therefore can be considered a ‘protected characteristic’ under the Equality Act 2010. Someone with a protected characteristic is protected by law against unfair treatment and dismissal.

Under the Equality Act, you have the right to formally ask for a written formal risk assessment to ensure that your workplace is Coronavirus safe when you return back to work.

As an employee/ worker it is your responsibility to ensure that the risk assessment for your workplace meets your needs, and that it is safe for you to return back to work.

If you have any concerns on the basis of your health condition, you can speak to your healthcare team and ask them to issue you with a letter confirming your health condition. You can present this to your employer to request further furlough leave (if you have already been “shielding”), or holiday leave, or unpaid leave or flexible working arrangements to which you’re entitled under current employment and coronavirus laws.

As an employee/ worker, you have the choice of whether or not you fully disclose your long-term health condition to your employer. It may well be in your interest to do so as your employer can prepare a personalised risk assessment for your return back to work during this Coronavirus pandemic.

If you do choose to disclose your health condition to your employer, this should not result in indirect or direct discrimination against you. It is illegal for your employer to discriminate against you either directly or indirectly due to this disclosure, and you can take your case to ACAS.

FAQs

What is a coronavirus risk assessment and can I see it?

Employers have a legal “duty of care” to ensure that their workplace is a healthy and safe environment for its visitors, employees and workers alike. To ensure that their workplace meets this duty, an employer must conduct and produce a “risk assessment” to ensure that their workplace is ‘COVID-safe’. Different risk assessments are required for different types of sector or workplace.

The coronavirus risk assessment should be available on your employer’s website but if it isn’t, you can ask for a copy (you have a right to ask for this). If your employer has completed a risk assessment, and taken reasonable steps to prevent harm, they can ask you to return to your workplace.

No risk assessment?

If the risk assessment is not forthcoming, you can refuse to attend work. The risk you take in doing this is that you won’t be entitled to pay and your employer could take this as a breach of your contract of employment which could lead to disciplinary action against you.

In the first instance you can speak to ACAS or your local authority about this concern before you approach your employer. You could also speak to your employer informally to discuss your concerns with them directly.

What are reasonable adjustments and how do I go about getting them?

You can ask formally for reasonable adjustments to your contractual working hours and for paid and/or unpaid leave according to your personal circumstances. These types of requests have to be placed in writing to your employer who will formally consider and respond back to you. There is a formal and legal process that supports this request.

It is wise and important to discuss this with your employer before making a formal request for flexible working and reasonable adjustments to work (which flexible working is one option of a reasonable adjustment). Sometimes these matters can be resolved informally.

If you are going to request flexible working arrangements upon your return to work from furlough leave, this a formal and legal process and you only have one opportunity to do this in any 12-month period. This means that if you have already got a formal flexible working arrangement in place with your employer (agreed in the last 12 months), you are not able to request flexible working again. Further information about flexible working arrangements is available on the ACAS website.

Steps to take:

Speak to your employer in the first instance and ask for the coronavirus risk assessment to be sent to you.

Review the coronavirus risk assessment to see that it meets your health needs. If you are still on furlough or shielding, you can request a telephone and / or video call with your employer to discuss your concerns.

Based on this conversation, you may need to take further advice from one of the trusted sources of information listed in this factsheet.

After you have had a conversation with your employer, you may need to state your concerns and agreed actions with them in writing.

These steps need to be taken quickly because if you are on furlough under the coronavirus legislation your employer can ask you to come back with a 24 hour notice.
Your workers council or trade union representative (if you have one) may be able to support you when you speak to your employer.

Can my employer make me redundant?

Your employer can start redundancy consultations and make you redundant during your furlough leave.

You have redundancy rights if:

you're legally classed as an employee
you've worked continuously for your employer for 2 years before they make you redundant.

During the coronavirus (COVID-19) pandemic, you have the same redundancy rights, including redundancy pay.

Advice is available from ACAS - www.acas.org.uk/redundancy

The redundancy selection pool criteria should not take into account periods of sickness absence as this could directly or indirectly discriminate.

If my children are at home, can I be forced to go to work?

While it is not necessarily legal protection if you refuse to go to work based on your concerns around childcare provision during this time, parents and guardians who are unable to return “must be defended and protected on that basis”.

Additionally, if you have a child(ren) aged 16 years or under, or 18 years if they have a registered disability, then you can apply for up to 13 weeks unpaid parental leave. Again this is taken in weekly blocks of time, is unpaid, and is available through a formal request. ACAS have further information about how you as an employee can apply for this.

Another option is to request to go back to work part-time, which for some might be a variation to their existing contract of employment. Again, this is a formal request through flexible working legislation. Any changes to your working arrangement would need to be put in writing by both parties.

Always speak to your employer in the first instance about this concern.

Credit

This information was prepared by Shelley Spence (Associate CIPD), HR Trustee of PSC Support and on 16 August 2020. (Updated 9 December 2021 and 13 January 2022).

Updated 30 January 2022 to include a link to HSE Guidance on protecting vulnerable workers

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