Can your boss force you back to the office?

While it’s a change that has permanently made its way into some offices, others have since asked their workers to come back, at least part-time. But, with a new wave of Covid on the rise, do you have any right to push back?

Unfortunately, the answer seems to be “not really”.

“For most workers, where there aren’t public health orders limiting travel or working from an office, a direction to work from the office will likely be lawful,” Employment Layer at Maurice Blackburn, Mackenzie Wakefield told news.com.au.

“Whether it is reasonable will depend on the particular circumstances of the employer, the employee, and other factors — like the prevalence of Covid-19 or the flu in the community.”

“Relevant considerations may include the impact of working from home on the employer’s operations, whether the employee has an illness or carer responsibilities, and whether the employee can perform all of their duties working at home.”

That doesn’t mean you won’t have any chance of asking to work from home, but you’ll need a better reason than general anxiety over catching Covid.

“If a worker has a particular reason why they do not want to return to the office — over and above general anxiety about catching Covid-19 or the flu — they should talk to their employer or their union,” suggests Wakefield.

“If they have an illness or caring responsibilities, they may be eligible to request a flexible work arrangement, which the employer can only refuse on reasonable business grounds.”

“Workers with a disability may also be able to seek reasonable adjustments to their role which might include working from home, if this does not pose substantial hardship for their employer.”

Wakefield warns that although you can ask, employees should be careful about refusing to follow directions from their employer, because it could lead to disciplinary action.

“If they’re not sure where they stand, they should talk to their union or a lawyer,” she added.

So yeah, you probably have to keep going into your workplace if you’re asked to. Having said that, your workplace does need to make sure it’s a safe and healthy place for employees to be, even in the wake of a pandemic.

“What that looks like will differ between workplaces,” explains Wakefield. “Measures like proper ventilation, the ability to socially distance, and allowing workers who are unwell to stay home, are all important.”

“If a worker is concerned their workplace isn’t safe, they should ask the employer about the steps they have put in place to protect their safety and contact their union.”

Even though many workplaces have returned to the office since lockdowns, the vast majority seem to have made it on a part-time basis, where possible. It’s the start of a flexible workplace culture that Wakefield welcomes.

“For many workers, the pandemic has highlighted the value of flexible work, especially for women, who typically bear the brunt of caring responsibilities.”

“Being able to balance work and family commitments is no longer negotiable. We are likely to see more employers offering flexible work in order to attract and retain workers.”

“Employers who don’t keep up may lose the war for talent..”

Originally published as Can your boss force you back to the office?