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Smudger

  • Posts: 13438
Re: Employee refusing to work what to do?
« Reply #40 on: April 08, 2020, 12:41:04 pm »
Its up to the employer to furlough, not the employee.

If the employee is in an at risk group, then the employer should make amendments or furlough (but doesn't have to).

If the employee is refusing to work, then the employer is well within his rights to not pay them, and place them onto non-paid holiday.

If the business is able to continue, and the employee cannot work from home, then the employee does not have a leg to stand on.

This is spot on

If the employer will not furlough the employee has to continue working if they wish to be paid - they can, due to the pandemic stay at home - but this will be unpaid - you are NOT allowed to sack them though  - however redundancy due to lack of work is another matter

It all comes down to the employer - some are more “understanding” than others

As a side note I had an ex worker ring me - he left several months ago to go self employed labouring and now doesn’t qualify for anything - he wanted me to re-employ and back date to feb 27th - I may be understanding but I can’t do fraud

Darran
Never argue with an idiot, they will only bring you down to their level, and beat you with experience

Shrek

  • Posts: 3931
Re: Employee refusing to work what to do?
« Reply #41 on: April 08, 2020, 12:52:37 pm »
If not Monday then when?

Gawd knows.  I expect peak deaths around Monday.  Part of me thinks that when we get peak deaths it would be difficult for the government to relax the lock down even if it was safe to do so.

People - in general - aren't the smartest and won't understand why the government is relaxing the lock down during a peak death period.

You can just imagine the wibbling and hysteria.

Two weeks after that I'd guess, so towards the end of April, when the death rates have really dropped.

The 76-day Wuhan lockdown has officially been lifted.

This was the epicentre of the virus and now life is returning to normal.

It may be hard to imagine now, but the same will happen to us- we all just need to sit tight and we will get through this.

Arnold Palmer

  • Posts: 20795
Re: Employee refusing to work what to do?
« Reply #42 on: April 08, 2020, 01:00:15 pm »
If not Monday then when?

Gawd knows.  I expect peak deaths around Monday.  Part of me thinks that when we get peak deaths it would be difficult for the government to relax the lock down even if it was safe to do so.

People - in general - aren't the smartest and won't understand why the government is relaxing the lock down during a peak death period.

You can just imagine the wibbling and hysteria.

Two weeks after that I'd guess, so towards the end of April, when the death rates have really dropped.

Yes but ol' Dominic Dover hasn't even said what's happening next, all we got was "not this Monday" which is unhelpful for people trying to make a decision. "Delayed for a week" or something like that would have been better.
#aliens

G Griffin

  • Posts: 40745
Re: Employee refusing to work what to do?
« Reply #43 on: April 08, 2020, 01:42:16 pm »
I've just been told by our neighbour- she's a matron in infection control not Sharon off of Facebook- that we have not yet the reached the peak and they have been told to expect a thousand deaths a day in the coming days/weeks.
She also said that the temporary hospital at our local one would only be ready in early May.
Make of that what you will.

Added: Lockdown to be extended in Wales.
It'll be the same for the rest of us.
⭐⭐⭐⭐⭐⭐

Dave Willis

Re: Employee refusing to work what to do?
« Reply #44 on: April 08, 2020, 01:56:02 pm »
As an employer would you not have a duty of care?
I’m not an employer, so haven’t a clue what I’m talking about.
However, I’d have thought an employee would have a good case against his employer for sending him to work in an unsafe environment.

Crystal-clear

  • Posts: 3029
Re: Employee refusing to work what to do?
« Reply #45 on: April 08, 2020, 02:18:31 pm »
This very subject is up on Radio 2 with Jeremy Vine this lunchtime.
About 1.00 / 1.30 is when this subject starts I think.
Is it! blimey well looks like we're gona sus it out before them it all just came to my head the other day my mrs works in a bank and she hasn't been furloughed but doesn't want to work due to the risk! Then it hit me with us lot.

david mark

  • Posts: 468
Re: Employee refusing to work what to do?
« Reply #46 on: April 08, 2020, 02:21:32 pm »
Wuham open most of the world
Closed for business. Because of them we all are suffering .

Stoots

  • Posts: 6211
Re: Employee refusing to work what to do?
« Reply #47 on: April 08, 2020, 02:28:37 pm »
Not read the thread but if an employee refuses to work (and he's not claiming he's sick) then you are well within your rights to sack him for breach of contract.

Being "scared of covid" isn't an excuse.

As long as you are putting the proper  safe working practices in place then he should work if he is told to.


CleanClear

  • Posts: 14717
Re: Employee refusing to work what to do?
« Reply #48 on: April 08, 2020, 02:37:42 pm »
Wuham open most of the world
Closed for business. Because of them we all are suffering .
In early March, Beijing sent masks, respirators and specialist doctors to Italy. This came at a time when the European Union and its members were largely ignoring Rome’s calls for help.

We did nothing, for them nor ourselves ?
*Status*--------Currently Online---------

Missing Link

  • Posts: 44791
Re: Employee refusing to work what to do?
« Reply #49 on: April 08, 2020, 02:37:54 pm »
Yes but ol' Dominic Dover hasn't even said what's happening next, all we got was "not this Monday" which is unhelpful for people trying to make a decision. "Delayed for a week" or something like that would have been better.

I agree.

Pronouns She/Her/Madam/Ma'am

Smudger

  • Posts: 13438
Re: Employee refusing to work what to do?
« Reply #50 on: April 08, 2020, 02:43:09 pm »
Not read the thread but if an employee refuses to work (and he's not claiming he's sick) then you are well within your rights to sack him for breach of contract.

Being "scared of covid" isn't an excuse.

As long as you are putting the proper  safe working practices in place then he should work if he is told to.

Under normal circumstances yes - but not for this - this is exceptional conditions

Yes there is a duty of care - thats one reason why our staff are furloughed the other is their respective partners and family members either work NHS or care homes and I personally wouldn't like to think I sent my guys out to get a few quid, pick up the virus and it then spread through the care home knocking off 20 or 30 old biddies - thats not a responsibility I want.

Darran
Never argue with an idiot, they will only bring you down to their level, and beat you with experience

KS Cleaning

  • Posts: 3955
Re: Employee refusing to work what to do?
« Reply #51 on: April 08, 2020, 02:49:50 pm »
My accountant has been informed by HMRC that the portals for claiming funding for furloughed wages  will be launched on the 20th April.

Richard iSparkle

  • Posts: 2491
Re: Employee refusing to work what to do?
« Reply #52 on: April 08, 2020, 02:57:28 pm »
Not read the thread but if an employee refuses to work (and he's not claiming he's sick) then you are well within your rights to sack him for breach of contract.

Being "scared of covid" isn't an excuse.

As long as you are putting the proper  safe working practices in place then he should work if he is told to.

you're right. its an HR issue really.

you communicate what you expect from your staff

you go from advice from government about what is safe working and show how you are achieving this.

if you cant agree to furlough them because you need them to work then its up to them to turn in for work.

if they dont turn in they need to communicate why they aren't. if they aren't sick its unauthorised leave so you let them know they are absent with unauthorised leave, and then you may give them a another chance, and eventually you sack them or they will most likely just resign.

obviously as far as you are able to, a good employer will try to work out a solution that works for both of you. but if you cant afford to keep them on furlough, and they will not work, they have resigned
iSparkle Window Cleaning

www.isparklewindowcleaning.uk

Missing Link

  • Posts: 44791
Re: Employee refusing to work what to do?
« Reply #53 on: April 08, 2020, 03:03:45 pm »
As an employer would you not have a duty of care?

Of course; which is why employers should be implementing government guidance.

Social distancing measures and the other stuff.

Government hasn't written a fablon sick chit for the whole nation.
Pronouns She/Her/Madam/Ma'am

Shrek

  • Posts: 3931
Re: Employee refusing to work what to do?
« Reply #54 on: April 08, 2020, 03:56:44 pm »
My accountant has been informed by HMRC that the portals for claiming funding for furloughed wages  will be launched on the 20th April.

I emailed my accountant and asked him to furlough my Mrs , said he will sort it out no problem. We’ll get some money eventually  :)

Ooooooog

  • Posts: 1083
Re: Employee refusing to work what to do?
« Reply #55 on: April 08, 2020, 04:25:28 pm »
As an employer, apart from the health and safety aspect, your roll is to make sure the company is profitable. Or there’s no jobs for anyone.

Arnold Palmer

  • Posts: 20795
Re: Employee refusing to work what to do?
« Reply #56 on: April 08, 2020, 04:33:43 pm »
Yes but ol' Dominic Dover hasn't even said what's happening next, all we got was "not this Monday" which is unhelpful for people trying to make a decision. "Delayed for a week" or something like that would have been better.

I agree.

 :o
#aliens

Smudger

  • Posts: 13438
Re: Employee refusing to work what to do?
« Reply #57 on: April 08, 2020, 05:27:51 pm »
As an employer, apart from the health and safety aspect, your roll is to make sure the company is profitable. Or there’s no jobs for anyone.

So which in your book would take priority H&S for staff or turning a profit ?

Darran
Never argue with an idiot, they will only bring you down to their level, and beat you with experience

G Griffin

  • Posts: 40745
Re: Employee refusing to work what to do?
« Reply #58 on: April 08, 2020, 06:10:18 pm »
As an employer, apart from the health and safety aspect, your roll is to make sure the company is profitable.
You gotta earn a crust; get the dough in.
⭐⭐⭐⭐⭐⭐

Richard iSparkle

  • Posts: 2491
Re: Employee refusing to work what to do?
« Reply #59 on: April 08, 2020, 06:18:49 pm »
As an employer, apart from the health and safety aspect, your roll is to make sure the company is profitable. Or there’s no jobs for anyone.

So which in your book would take priority H&S for staff or turning a profit ?

Darran

to be fair both are important.

looking after H&S is clearly important.

but also keeping the business profitable is important. if you go out of business all your employees loose their livelihoods

so you have to manage H&S to reduce risk to acceptable levels.

iSparkle Window Cleaning

www.isparklewindowcleaning.uk