Your rights on working from home explained – can my boss refuse a request

WORKERS in England have been advised to stay at home from next Monday to help stop the spread of Covid.

The Prime Minister announced in an address this evening (December 8) that tighter restrictions are to be introduced, including a work from home order starting next week.

We take a look at your rights and whether you can work from home now, ahead of new rules coming in.

Here’s what you need to know about your work from home rights.

Employers are now obliged to carry out workplace risk assessments, including against Covid.

What can I do if I feel unsafe at work?

If you feel your place of work isn’t Covid-secure and you’d prefer to work from home, you have two main options.

The first is launching a flexible work request.

That’s a formal ask for home or hybrid working, which you can make if you’ve been at your current employer for more than six months.

However, your employer is under no obligation to grant that wish.

They have three months to think about it, there’s no right of appeal AND you’re only allowed to make one each year.

The second and more immediate option is to have an informal conversation, according to Carolyn Brown, head of legal services at law firm RSM UK.

She told The Sun: “The most sensible thing to do is raise your concerns with your employer and try to find a solution.

“Employers don’t want their staff to become ill.”

Make sure you let them know what physical and/or mental health conditions are affecting your decision, she added.

Failing that, you can also take your boss to an employment tribunal.

But, Brown added: “This is a lengthy, after-the-fact process which won’t solve your immediate issue.”

Consumer charity Citizens Advice also recommends you be as clear as possible about the changes you want.

They add: “Your employer might consider requests in the order in which they receive them, so it might help you to make your request as soon as you can.”

Have the rules changed?

The spread of the Omicron variant has meant the government’s feared “Plan B” restrictions have been triggered.

Professor Sir David Spiegelhalter told the Today programme last week: “We know that being in unventilated rooms fairly close together ups the risk a lot.

“That’s why working from home [is] very important.”

From Monday new rules mean most will be working from home unless they are unable to do jobs from home.

But new legislation could allow workers to make flexible work requests from their first day in a new job.

We have explained how you can claim £500 if you’re forced to self-isolate with Omicron.