With the recent updates from the government about returning to work, we know that many people within our community have been left with a few questions. We’ve put together some information and reached out to some experts to help answer some of your questions and also to help you understand your rights within the workplace, enabling you to make the right decision, for you.
Learn more about what you should expect from your employer as you return to work after the coronavirus pandemic.
This page has been updated on 7 January 2021 and is correct at time of publishing. We will continue to update this page as we get new information.
On this page:
- What is the current advice about working?
- What should my employer do to keep me safe?
- What if I feel unsafe returning to work?
- What are my rights as a worker??
- What if I also need to look after my children?
- What if I’m off sick or told to stay home because of coronavirus?
- What if my employer needs to close my workplace?
If you're concerned about the financial impact of the coronavirus pandemic, The Brain Tumour Charity provides a free Benefits and Money Clinic twice a week. Appointments are available by phone, so this service will continue during the social distancing measures.
What is the current advice regarding work?
(Updated 7 January 2021)
During the national lockdown, you may only leave your home for work if you can’t reasonably work from home.
If you can’t work from home, then you can continue to travel to work. This includes work such as:
- critical national infrastructure
- childcare or education
- essential public services
The government has encouraged employers and employees to discuss working arrangements and has called for employers to take every possible step to help their staff be able to work from home. This includes providing suitable IT and equipment to enable remote working.
If you are clinically extremely vulnerable or have received a letter informing you that you need to shield and you can’t work from home, you should not attend work. The letter you have received informing you to shield can act as supporting evidence for your need to stay at home, should this be required by your employer.
What should my workplace be doing to make sure it’s safe?
(Updated 30 September)
The Government has released guidance for employers on making workplaces safe, as the actions needed will vary depending on the type of workplace it is. This is separated into different types of work, so you can have a look to see what’s recommended for your industry.
If your employer isn’t taking all practical steps to promote social distancing, you can report this to your local authority, or the Health and Safety Executive (HSE). The HSE can request your employer take additional steps where appropriate.
What should I do if I don’t feel safe going into work because of my condition?
(Updated 7 January)
As it stands, everyone is currently encouraged to work from home wherever possible. If this is not possible, and you’re worried about going to work, check if you can make flexible work arrangements with your employer (for example working part-time, or working from home if that’s still possible).
If you have a disability or health condition, you should talk to your employer about whether you need any reasonable adjustments.
If you’re clinically extremely vulnerable
You are strongly advised to work from home, and if you can’t do this, you should not attend work. You might find that it helps to talk to your employer about a different role or changing your working patterns to help you to work from home if possible.
ACAS is an organisation that provides expert advice to employers and employees about their rights in the workplace. They have information about the rights of vulnerable groups at work.
What rights do I have as an employee?
(Updated 30 September)
If you are concerned that your employer is not taking all practical steps to promote social distancing then you can report this to your local authority or the Health and Safety Executive who can take a range of action, including where appropriate requiring your employer to take additional steps.
In addition, basic employment rights haven’t changed and every employer has a duty of care for employees and shouldn’t be putting people at risk. All workers have the legally protected right to a safe working environment
However, as the level of risk will vary from person-to-person and employment-to-employment, voicing concerns and continuing open discussions with employers would be the best way forward. Don’t forget you can contact ACAS in cases of dispute.
You can familiarise yourself with the Government guidance for employers to inform discussion on what should be done to protect you.
We also have a range of employment resources designed to help you understand your rights following a brain tumour diagnosis. These might also help you have a conversation with your employer.
What if I also need to look after my children?
Speak to your employer if you need to take time off work to look after your children. In an emergency, you’re entitled to take time off to make sure your children are looked after. This is known as dependant leave.
Your employer can’t refuse you dependant leave if you have no other choice, and you can’t be disciplined or sacked for taking the time off. However, you’re not automatically entitled to full pay and what an employer will pay can vary.
What if I’m off sick or told to stay home because of coronavirus?
(Updated 11 September at 2.00pm)
You must stay at home and self-isolate if:
- you or someone you live with has coronavirus symptoms or has tested positive for coronavirus
- you’ve been notified by the NHS or public health authorities that you’ve been in contact with someone with coronavirus
- someone in your linked household (or your ‘extended household’ if you live in Scotland or Wales) has symptoms or has tested positive for coronavirus
- you’ve been advised by your doctor or health authority to shield because you’re at high risk of severe illness from coronavirus, for example as part of a local lockdown
- you’ve been advised by a doctor or clinician to self-isolate before being admitted to hospital for surgery.
Tell your employer that you have to self-isolate because of coronavirus (COVID-19).
You'll get statutory sick pay (SSP) if you're considered unfit for work and are usually entitled to it. If you’re not entitled, your employer will give you an SSP1 form that you can then use to claim benefits from the Department for Work and Pensions (DWP) depending on your circumstances.
It's also worth checking your contract - your employer might pay you more than SSP when you're sick. This is called contractual sick pay.
From 26 August you can also be entitled to SSP for up to 14 days before surgery, if you are to ‘undergo a surgical or other hospital procedure’, you’ve received the pre-surgery notification and are self-isolating as a result. Guidance from NICE and the NHS states that family members, carers and members of the same household or the patient’s support bubble may also be asked to self-isolate, however there’s no statutory provision for those groups to receive SSP solely on that basis.
What if my employer needs to close my workplace?
(Updated 11 September at 2.00pm)
If you and your employer both agree, they might be able to keep you on the payroll if they’re unable to operate or have no work for you because of coronavirus. This is called being ‘on furlough’.
If you're on furlough, you could get paid 80% of your wages through the Coronavirus Job Retention Scheme, up to a monthly cap of £2,500. You'll still be paid by your employer and continue to pay taxes on the income
When this scheme began in April, you weren’t allowed to do any work for your employer while on furlough. Now that the scheme has been extended to the end of October, there have been some changes.
From August, the employer is expected to pay a proportion of the furloughed wages and the employee is now able to do some work for the employer. This means that the employee will do whatever hours of work are available, for which the employer will pay as normal, with any shortfall still coming from the furlough scheme.
Am I eligible to go on furlough?
(Updated 25 May 9.00am)
Both you and your employer must agree to put you on furlough - so speak to them about whether they can claim. You can’t apply for the scheme yourself. Once agreed, your employer must write to you confirming you’ve been furloughed to be eligible to claim.
Any UK employer with a UK bank account will be able to claim, but you must have been on your employer’s PAYE payroll on 19 March 2020. You can be on any type of contract, including a zero-hours or a temporary contract.
This scheme doesn’t apply if you’re self-employed or to any income from self-employment.
If you’re on sick leave or self-isolating because of coronavirus, speak to your employer about whether you’re eligible. You should get Statutory Sick Pay (SSP) while you’re on sick leave or self-isolating, but can be furloughed after this.
If you’re shielding in line with public health guidance, then you should speak to your employer about whether they plan to place staff on furlough.
The grant will start on the day you were placed on furlough and this can be backdated to 1 March.
Can I be let go from my job because of coronavirus?
There could be situations where you’re let go from your job because of a business going into administration or having to downsize, which means you’re being made redundant. If you’ve been employed for two years or more you’d be entitled to a redundancy payment, although even if it's a genuine redundancy and you've received a redundancy payment it may be an unfair dismissal in some circumstances and you should seek advice.
If you're let go because of something related to coronavirus, such as time off work, you should get legal advice as soon as possible as you only have three months to take any action if the dismissal is unfair.
To keep up to date with your rights and the latest information about employment, you can take a look at ACAS, and continue to check the relevant government website:
- in England, see coronavirus advice on GOV.UK
- in Scotland, see Scottish Government advice
- in Wales, see Welsh Government advice
- in Northern Ireland, see Northern Ireland Government advice
What financial support is available if I’m self-employed?
(Updated 11 September at 2.00pm)
You can't get SSP if you're self-employed. If you have to take time off work and you don't get paid while you're off, you might be entitled to claim benefits. If you're already claiming benefits, you might get more money.
If you already get benefits like Tax Credits or Housing Benefit, tell the office paying you that you can't work because you're sick or having to self-isolate. You might be entitled to more money while you're off work.
Self-employment Income Support Scheme
If you're not claiming any benefits you might be entitled to claim Employment and Support Allowance (ESA) or Universal Credit to top up your income or help you with rent payments.
You can use the coronavirus Self-employment Income Support Scheme if you're self-employed or a member of a partnership and have lost income due to coronavirus.
This scheme will allow you to claim a taxable grant worth 80% of your trading profits up to a maximum of £2,500 per month. Applications for the second and final grant are now open for eligible businessesthat have been adversely affected on or after 14 July 2020, but all claims need to be made by 19 October 2020.
You can apply if you’re a self-employed individual or a member of a partnership and you:
- have submitted your Income Tax Self-Assessment tax return for the tax year 2018-19
- traded in the tax year 2019-20
- are trading when you apply, or would be without COVID-19
- intend to continue to trade in the tax year 2020-21
- have lost trading/partnership trading profits due to COVID-19.
Your self-employed trading profits must also be less than £50,000 and more than half of your income from self-employment. This is determined by at least one of the following being true:
- you have trading profits/partnership trading profits in 2018-19 of less than £50,000 and these profits constitute more than half of your total taxable income
- you have average trading profits in 2016-17, 2017-18, and 2018-19 of less than £50,000 and these profits constitute more than half of your average taxable income in the same period.
If you started trading between 2016-19, HMRC will only use those years for which you filed a Self-Assessment tax return.
If you haven’t submitted your Income Tax Self-Assessment tax return for the tax year 2018-19, you must do this by 23 April 2020.
HMRC will use data from the 2018-19 returns already submitted to identify those eligible and will risk assess any late returns filed before the 23 April 2020 deadline in the usual way.
You’ll get a taxable grant which will be 80% of the average profits from the tax years (where applicable):
- 2016 to 2017
- 2017 to 2018
- 2018 to 2019
To work out the average, HMRC will add together the total trading profit for the three tax years (where applicable) then divide by three (where applicable), and use this to calculate a monthly amount.
It will be up to a maximum of £2,500 per month for three months.
They will pay the grant directly into your bank account, in one instalment.
The Self- employed income support scheme is now open and HMRC have contacted people who they consider eligible by email, text or by letter and given them a date on which they can apply online for the scheme.
If you think you are eligible but have not received an invitation to claim, you can check your eligibility on gov.uk.
Other help you can get
The government is also providing the following additional help for the self-employed:
- deferral of Self-Assessment income tax payments due in July 2020 and VAT payments due from 20 March 2020 until 30 June 2020
- grants for businesses that pay little or no business rates
- Business Interruption Loan Scheme
For more information on financial aid for the self-employed view government advice.
If you’re a director of your own company and are paid through PAYE you may be able to get support through the job retention scheme.
Before grant payments are made, the self-employed will still be able to access other available government support for those affected by coronavirus, including universal credit if you’re on a low income and new style ESA if you’re ill or self-isolating due to having contact with an infected person.
What if I’m claiming benefits or need to go to a medical assessment?
(Updated 11 September at 2.00pm)
You should attend your usual appointments but, for the time being, these are being done by telephone or online - for example Jobcentre Plus appointments and work reviews. The government has postponed all face-to-face medical assessments - for example for ESA, Universal Credit or PIP - and awards that are running out are being automatically extended for three months, so your DLA, PIP etc. will still be paid at the current rates. They are also arranging telephone assessments or paper-based assessments where the benefit is decided based on the paperwork submitted. You should continue to appeal if you disagree with decisions and the Tribunal service will manage the hearings in keeping with government guidance.
If you're claiming Universal Credit, you'll need to use your online journal to keep in touch with your work coach rather than attending the job centre.
If you call the office paying your benefit or update your online journal and attend any telephone appointments when asked, then you won't be sanctioned and your benefits will continue.
Is there any other financial help available to me?
(Updated 11 September at 2.00pm)
Mortgages and credit cards
The government has asked the mortgage companies to offer a three-month payment holiday to anyone with a mortgage who is struggling to pay due to coronavirus.
What this means is that for up to three months you may not have to pay your mortgage and those three months will be added on at the end of the mortgage term, so you’ll pay the same amount but your mortgage will end three months later. It’s important you contact your mortgage company immediately if you’re having difficulty and keep them up to date with the situation.
There have been similar calls for people with credit cards and while you should prioritise your mortgage or rent payments, it’s also important you keep the credit card company up to date with your situation and ask them for help if you’re having difficulty making a payment.
Some credit card companies are already contacting their customers asking them to get in touch if they’re having difficulty.
There’s also been some help offered to tenants who can’t afford their rent. The government has announced measures to protect tenants from eviction until 20 September, so during this time no-one can be evicted for rent arrears, either from social housing or privately rented accommodation. It's likely there will be a backlog of cases waiting to go to court after 20 September, so getting eviction hearings may take longer in practise.
If you're struggling to pay your rent, talk to your landlord straight away. You should explain the situation and you could ask for more time to pay or to catch-up any missed payments by installments once the situation improves. If you can't come to an agreement with your landlord, it's a good idea to pay what you can afford anyway and keep a record of what you offered. Don’t forget there’s also help with rent available through the benefits system for people on low incomes, and that eventually all rent arrears will need to be paid.
Funeral Expenses Payments
The last thing a grieving family should have to worry about is whether they're able to pay for the funeral. Funeral Expenses Payments are paid to eligible benefit claimants to help lighten the financial burden on families at this extremely distressing time.
And, from spring 2020, the maximum amount families can claim will rise from £700 to £1,000.
This payment is on top of existing allowances that pay for funeral necessities, such as burial or cremation fees. It can be used to help pay for expenses like the coffin, flowers and funeral directors' fees.
The increased payment follows recent changes that made it easier to apply for Funeral Expenses Payments.
There is also the new Children’s Funeral Fund in England. This can help to pay for some of the costs of a funeral for a child under 18. It is not means-tested, which means that what you earn or how much you have in savings will not affect what you get.