Shorter Reads

Coronavirus – Answering the question ‘Can you go to work today?’

From ‘do I really need to go to the shops just to get milk?’ to ‘should I go for a jog now or save my only outside trip for later?’, the Covid-19 pandemic has infiltrated all the daily decisions we used to make without thinking. But one vital question at the forefront of the British workforce’s minds is ‘can I go to work today?’.

1 minute read

Published 26 March 2020

Authors

Share

Key information

The answer is not necessarily a simple ‘yes’ or ‘no’; it could well be ‘maybe’. Government advice is constantly changing and we are left with what we describe as a ‘semi-lockdown’. Increasingly other countries are going into full lockdown. For example, India went into full lockdown on 24 March with all its 1.3 billion people subject to a total ban on leaving home.

Government guidance currently sets out that if it is possible to work from home, you must do so. Working from home is no longer an option, it’s an order for anyone who possibly can. If this order is not complied with and you go to work without a very good reason, then you could be fined. Going to work is permitted if it is necessary, in which case it would be sensible to avoid public transport – walk, cycle or drive instead to keep yourself and others safe.

The decision of whether to go to work is not, at the moment, dependent on the type of work or if the individual is a key worker, the decision is based on whether the work can or cannot be done from home. The key workers list seems to be more about whether your children can still attend school. If you must go to work, you must stay two metres away from your colleagues. This is a decision employers and workers must make for themselves and will need to be assessed on a case-by-case basis. In our view, the government will likely have very little patience for those arguing that they must be at work to access hard-copy documents, or work with colleagues or clients in person.

An absolute necessity must go further, where the job actively involves being outside the home – nursing, construction, transport workers and emergency services seem to fit the definition, as it stands.

Taking a ‘big picture’ view, we do not think this will be an issue for long. We predict that it’s only a matter of time before a full lockdown is implemented here. By ‘full lockdown’ we mean a situation in which only key workers can go to work, and that list will be very limited. For example, Spain previously implemented a similar policy to the one we have but has tightened its lockdown and banned all but essential construction work. In the UK that could mean construction on domestic homes stopping but work to transform venues such as Excel Centre into field hospitals continuing.

Click here for our flow chart advising you on what to do if your workplace remains open.

If you still have any questions about whether you or your staff should be going to work, please contact our Coronavirus Employment Advice Helpline and we can help you decide and what options may be open to you and your business.

Related latest updates
PREV NEXT

Related content

Arrow Back to Insights

Shorter Reads

Coronavirus – Answering the question ‘Can you go to work today?’

From ‘do I really need to go to the shops just to get milk?’ to ‘should I go for a jog now or save my only outside trip for later?’, the Covid-19 pandemic has infiltrated all the daily decisions we used to make without thinking. But one vital question at the forefront of the British workforce’s minds is ‘can I go to work today?’.

Published 26 March 2020

Associated sectors / services

  • Employment law for employees
  • Employment law for employers

Authors

The answer is not necessarily a simple ‘yes’ or ‘no’; it could well be ‘maybe’. Government advice is constantly changing and we are left with what we describe as a ‘semi-lockdown’. Increasingly other countries are going into full lockdown. For example, India went into full lockdown on 24 March with all its 1.3 billion people subject to a total ban on leaving home.

Government guidance currently sets out that if it is possible to work from home, you must do so. Working from home is no longer an option, it’s an order for anyone who possibly can. If this order is not complied with and you go to work without a very good reason, then you could be fined. Going to work is permitted if it is necessary, in which case it would be sensible to avoid public transport – walk, cycle or drive instead to keep yourself and others safe.

The decision of whether to go to work is not, at the moment, dependent on the type of work or if the individual is a key worker, the decision is based on whether the work can or cannot be done from home. The key workers list seems to be more about whether your children can still attend school. If you must go to work, you must stay two metres away from your colleagues. This is a decision employers and workers must make for themselves and will need to be assessed on a case-by-case basis. In our view, the government will likely have very little patience for those arguing that they must be at work to access hard-copy documents, or work with colleagues or clients in person.

An absolute necessity must go further, where the job actively involves being outside the home – nursing, construction, transport workers and emergency services seem to fit the definition, as it stands.

Taking a ‘big picture’ view, we do not think this will be an issue for long. We predict that it’s only a matter of time before a full lockdown is implemented here. By ‘full lockdown’ we mean a situation in which only key workers can go to work, and that list will be very limited. For example, Spain previously implemented a similar policy to the one we have but has tightened its lockdown and banned all but essential construction work. In the UK that could mean construction on domestic homes stopping but work to transform venues such as Excel Centre into field hospitals continuing.

Click here for our flow chart advising you on what to do if your workplace remains open.

If you still have any questions about whether you or your staff should be going to work, please contact our Coronavirus Employment Advice Helpline and we can help you decide and what options may be open to you and your business.

Associated sectors / services

  • Employment law for employees
  • Employment law for employers

Authors

Need some more information? Make an enquiry below.

    Subscribe

    Please add your details and your areas of interest below

    Specialist sectors:

    Legal services:

    Other information:

    Jurisdictions of interest to you (other than UK):



    Article contributor

    Enjoy reading our articles? why not subscribe to notifications so you’ll never miss one?

    Subscribe to our articles

    Message us on WhatsApp (calling not available)

    Please note that Collyer Bristow provides this service during office hours for general information and enquiries only and that no legal or other professional advice will be provided over the WhatsApp platform. Please also note that if you choose to use this platform your personal data is likely to be processed outside the UK and EEA, including in the US. Appropriate legal or other professional opinion should be taken before taking or omitting to take any action in respect of any specific problem. Collyer Bristow LLP accepts no liability for any loss or damage which may arise from reliance on information provided. All information will be deleted immediately upon completion of a conversation.

    I accept Close

    Close
    Scroll up

    Find out about Business

    Find out about Dispute Resolution

    Find out about Individuals & Families

    Find out about Real Estate

    We are Collyer Bristow - The law firm for those that
    value individuality, creativity and collaboration.

    Legal & Pricing info Regulatory InformationAccessibilitySitemapPricing and service information

    Listen to our latest podcast: Charity Rules Uncovered: US vs. UK (Part 2)

    Read our latest article: Gaming or gambling? The regulation of video game ‘loot boxes’

    Listen to our latest podcast: Charity Rules Uncovered: US vs. UK (Part 1)

    Read our latest article: Preventing sexual harassment: The ghost of Christmas party?

    Listen to our latest podcast: Budget Miniseries: Impacts on Families with US Connections (Part 3)

    ExpandNeed some help?Toggle

    < Back to menu

    I have an issue and need your help

    Scroll to see our A-Z list of expertise

    Get in touch

    Get in touch using our form below.



      Business Close
      Private Wealth Close
      Hot Topics Close