Current ‘work from home’ guidance: how to claim tax relief and what are your rights?

Boris Johnson issued guidance calling for Britons to “work from home” where possible from December 13, 2021.

Workers had been returning to the office as the number of coronavirus cases flatlined, but the spread of the omicron variant triggered increased restrictions from the Government.

Following a meeting of the Cabinet, the Government asked all workers in England to stay away from the office and other work sites where possible.

In normal times, employers have the power to decide whether it is necessary for staff to be physically present at work. But the new guidance states that workers should stay away from workplaces unless it is strictly necessary. 

Here are your rights when it comes to flexible working:

What is the official guidance?

As the new variant spread, each of the four nations of the UK introduced tougher guidelines.

In England, the official guidance came into force from December 13, with people asked to work from home where possible. The Prime Minister said: “Work from home if you can, go to work if you must but work from home if you can.”

In Scotland, First Minister Nicola Sturgeon told workers to work from home where possible until at least the middle of January.

The devolved governments of Wales and Northern Ireland also asked citizens to avoid the office where possible. 

What should my employer do to protect me at work? 

Those who still need to go into their workplace could face confusion over what rules should be followed.

The Government has removed all limits on how many people can meet at one time in workplaces, along with all social distancing measures. This means businesses do not have to keep workers and customers separated from people they do not live with. 

The Government relaxed its two-metre rule over the summer of 2021, but businesses still have a legal duty to manage the risks faced by their employees. 

Employers that do ask workers to come in have been told to put in place a number of measures to protect them from contracting coronavirus, such as keeping offices well ventilated. 

The measures can be found on the Government website. 

What about if you need to self-isolate?

Some workers will still need to go into their place of work to do their job. However, there are some instances when employees will be unable to attend, for example if they are required to self-isolate after testing positive or displaying coronavirus symptoms.

When employers are aware of the requirement to self-isolate, they must not knowingly allow the employee to attend the workplace, according to employment lawyers Eversheds Sutherland. Non-compliance risks a fine, starting from £1,000. 

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