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Wales Online
Wales Online
National
Mark Smith

Can your boss force you to go back to the office in Wales?

As part of the decision to move Wales fully into alert level zero from Friday, January 28, the legal requirement to work from home is being scrapped.

While the Welsh Government said it will continue to advise people to remain at home wherever possible, arrangements on home-working will now be determined by individual businesses.

New research has shown that as many as two-thirds of us do not want to go back to their offices. But can employers force their employees to return to their pre-pandemic working environments?

Read more: Welsh Government changes rules on self-isolation for people with Covid

According to The Mirror, if your company requires you to come into the office, they can only make you if your contract stipulates working in an office.

A spokesman for Citizens Advice said: "You can ask to keep working from home, but that doesn't mean your employer has to agree.

"Start by having an open conversation with your employer about your wishes, and consider making a flexible working request."

Employers are duty-bound to make the work environment as safe as possible, so they should consider minimising visitors and improving ventilation, as well as considering the use of one-way systems and extra cleaning.

A spokesman for union the TUC said: "If your boss is asking you to return to the workplace or stay at home and you don't feel comfortable, you should speak to other members and your union rep immediately - they may feel the same about the situation.

"If you raise the issue collectively with your employer, they're much more likely to listen."

The Welsh Government agreed that employers should discuss home working arrangements with the workforce and should familiarise themselves with guidance from ACAS and the HSE, including on safe home working and management practices for home working.

Employers will still have an obligation to take reasonable measures in the workplace, of which working from home is one that should be considered.

If people cannot work from home and have concerns that their health and safety is being compromised, they should discuss this with their employer or trade union in the first instance. If they are unable to find a resolution they should contact their trade union or seek advice from ACAS.

A Welsh Government spokesman said: "Working from home is one of the most effective steps we can take to reduce the spread of coronavirus. Our advice to work from home has been consistent throughout the pandemic, and we are leading by example by limiting the number of people coming into our offices.

"We urge all employers to facilitate home working wherever possible, and to provide employees with the support they need."

The Welsh Government has a long-term aim to see 30% of people working at or near to home in a bid to benefit local economies, businesses, individuals and the environment. More information is available here.

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