WYSTP_-_Logo_1.jpg
nhsLogo.png
  • About us

      About us

    • Our approach to working together
      • Bradford Local Plan
      • Calderdale Local Plan
      • Harrogate Local Plan
      • Kirklees Local Plan
      • Leeds Local Plan
      • Wakefield Local Plan
    • Our partners
      • Proud to be a partnership
    • Our leadership
    • Partnership Board
    • Positive about Islam
  • Our priorities

      Our priorities

      Our Partnership is made up of organisations working closely together to plan services and address the challenges facing health and care services across the area.

    • The difference our Partnership is making
    • Coronavirus (Covid-19) information and resources
      • COVID-19 vaccination programme
      • Working together to reduce health inequalities
    • Cancer
    • Capital and estates
    • Children, young people and families
    • Digital technology
      • Local health and care record exemplars
      • GP Online Consultation
    • Hospitals working together
    • Housing and Health
    • Improving planned care
      • Our West Yorkshire and Harrogate commissioning policies
    • Improving population health
      • Review into impacts of COVID-19 for BAME communities and staff
      • Diabetes Network
      • Climate Change
    • Innovation and improvement
    • Maternity care
    • Mental health, learning disability and autism
      • Learning disabilities
    • Our work with the community and voluntary sector
    • Preventing ill health
      • Healthy Hearts
      • Loneliness
    • Primary and community care
    • Personalised Care
    • Stroke
    • Supporting carers
      • Your Carers Toolkit
      • Working carers and Covid-19
    • Urgent and emergency care
      • Rotational trainee nursing associate apprenticeship course
      • Help us help you to get ‘to the right place first time'
    • Workforce
      • West Yorkshire & Harrogate Excellence Centre
      • Workforce health and wellbeing
      • System and Leadership Development Programme
  • News

      News

    • Blogs
    • Podcasts
    • Coronavirus (COVID-19)
  • Meetings

      Meetings

    • Upcoming events
    • Meetings affected by coronavirus
    • Supporting our BAME communities and staff - Review Panel meetings
      • About this review
    • West Yorkshire and Harrogate Joint Committee of Clinical Commissioning Groups
      • Previous meetings
      • Future meetings
      • Contact the Joint Committee of Clinical Commissioning Groups
      • Get involved
    • Our Partnership Board
      • Partnership Board papers
      • Board membership
      • Ask the Partnership Board a question
      • Partnership Board webcast
  • Publications

      Publications

      In this section you will find links to useful information and publications about our partnership.

    • Tackling health inequalities for Black, Asian and minority ethnic communities and colleagues
    • Better health and wellbeing for everyone: Our five year plan
    • Our Next Steps
    • Our Workforce Strategy​
    • Other Publications
    • Improving Population Health Annual Report
    • An Ethical Framework for West Yorkshire and Harrogate Health and Care Partnership
    • The difference our Partnership is making
    • COVID-19 vaccination programme
  • Get involved

      Get involved

      We are committed to meaningful conversations with people, on the right issues at the right time. We believe this is an important part of the way we work.

    • Check-in: staff suicide prevention campaign
    • The NHS Long Term Plan
    • Looking out for our neighbours
    • Health and care champions
    • The work of our Health and Care Champions
  • Engagement and consultation

      Engagement and consultation

      Engagement gives people an opportunity to have their say on services. By gathering people's views, it helps us understand what matters to people.

    • Integrated Care Systems legislation
  • Any questions?

      Any questions?

      In this section you will find all Freedom of Information (FOI) requests made to our Partnership. You can also ask a question of your own.

    • You said, we did...
    • Frequently asked questions
  • Contact us

Your rights as an employee

Throughout this pandemic, many people will need to take time off work due to sickness, self-isolation or to care for others so it’s important that we all know our rights as employees. For more information about your employment rights, you may find this site useful.
I’m scared to return to work in case I catch coronavirus

The government’s advice is that businesses and workplaces should make every possible effort to enable working from home as a first option. Where working from home is not possible, workplaces should make every effort to comply with the social distancing guidelines set out by the government.
If your employer is asking you to come into work because you cannot work from home, it is important to point out that your employer has a duty to protect your health and safety. One key way your employer can show that they are protecting your health and safety is by following the government guidance on working safely during coronavirus. This guidance is specific to each sector, and is available here.
If you are afraid of catching coronavirus, your employer may agree to let you take some leave so that you do not have to come into work. Your employer may be willing to agree for you to take annual leave, unpaid leave, unpaid parental leave, a sabbatical or other period of leave. You would need to check how long the leave could last and if the leave would be paid or unpaid.

Can my employer dismiss me if I refuse to come to work because I’m worried about coronavirus?

Yes, your employer can dismiss you if you are not coming into work. Remember, you should always tell your employer in writing if you are planning not to come into work and explain why. Otherwise, it can be treated as an unauthorised absence, and your employer may discipline you.
It is better to try to resolve issues with your employer informally, at an early stage. Explain in as much detail as you can why you do not feel safe coming into work, and what steps you think should be taken to make your workplace safer. You should tell your employer if your particular circumstances make it especially risky for you to be in work (for example, if you live with someone who is shielding, or you yourself are vulnerable to coronavirus).
However, if you refused to come to work because you reasonably believed there was a serious and imminent danger to yourself or others and it could not be controlled, and your employer dismissed you for this reason, then you may have a claim for automatic unfair dismissal (section 100 Employment Rights Act 1996). This means that you can bring a claim for unfair dismissal against your employer. There is more information on bringing a claim at the Employment Tribunal on the Working Families advice pages.

Can I work flexibly? 

The government says that people should stay at home and work from home if they possibly can. As a carer, you have the statutory right to request flexible working. Check with your employer how they can support you with this. 

What if I need to take time off to care?

As an employee, you also have a statutory right to take a ‘reasonable’ amount of time off from work to see to an emergency or unforeseen matter involving your partner, child, parent, grandchild, or someone who relies on you for care.  Also check your work policy on care leave. ACAS has further useful information on taking time off to look after someone else. 

Do I have a right not to go into work if the person I care for is vulnerable to the virus and supposed to be ‘shielding’?

If you live with someone who is shielding and it is at all possible for you to work from home, then you should. The impact that working from home has on your employer’s business should not be taken into account when making the decision about whether or not you can work from home, as it would be for a normal flexible working request – the government has advised that anyone who can work from home should do so. 

If you cannot work from home and your employer is asking you to come into work

Furlough
The government guidance updated on 4 April 2020 also makes it clear that employees can be furloughed if they are unable to work due to childcare commitments. It also mentions that you can be furloughed if you are shielding in line with public health guidance, or if you need to stay home with someone who is shielding.

If your employer refuses to put you on furlough
You could still have a right to be off work. You could attempt to say - as your employer has a duty to protect your health and safety and, if one of your ‘dependants’ (family members such as children who live with you and need you) has a pre-existing condition which would make them very vulnerable to coronavirus, it would be a breach of your employment contract (more specifically a breach of the mutual duty of trust and confidence) to force you to come to work. You could use this argument to attempt to negotiate paid leave, but we can’t guarantee that this would be successful. If your employer doesn’t agree to your request and you don’t attend work, they can treat this as unauthorised absence and could refuse to pay you or take disciplinary action against you. So instead, you may be able to take unpaid time off for dependants, parental leave, or annual leave.

Time off for dependants

If the person in your household that is shielding depends on you for their care and there is no one else to help for the time being, then you have the right to take time off for dependants.
Time off for dependants is unpaid unless it is a perk in your contract/employer’s policy or practice. This concerns not just children but other dependants too, such as a partner or parent. Time off for dependants usually lasts only a couple of days, it is aimed to allow you time to organise the care of your dependant. But your employer might extend this to last for the amount of time that your dependant has been told to shield by the NHS.

Unpaid parental leave
You can also take unpaid parental leave if the person you care for is under 18 years old. You can take four weeks per child per year. Your employer might be able to postpone this if the business would be particularly disrupted (whereas they cannot postpone time off for dependants). Strictly speaking, you need to give notice to take unpaid parental leave, but given the circumstances, your employer may let you take the leave even if you cannot give the required notice. Some employers offer paid parental leave; it’s worth checking your employment contract to see if that is an option. If your child is receiving DLA or PIP, you can take parental leave in blocks of one day (instead of one week).

Special leave

If you can take special leave, that your employer has agreed specifically because of the coronavirus or as part as a more general kind of compassionate leave policy, then this could be a good option.

Annual leave

Your employer may also allow you to take some annual leave. Annual leave could also be useful if the person in your household that is shielding does not depend on you for their care. In that case, arguing for time off for dependants could be trickier.
If you are suddenly left without income, there may be certain benefits that you could claim. Check out this page on financial support for working families during the covid-19 crisis for more information. 

I’m a key worker but my child is in the ‘high risk’ group for coronavirus. Do I have to send them to school?

No, if you do not want to send your child to school then you do not have to. The government has said that if you are able to care for your child at home, you should continue doing so. You do not have to send your child to school if you do not need, or want to.
If your child is in the ‘high risk’ group for coronavirus, you may have received a letter from the NHS to tell them that they need to be shielding. The instructions in this letter are very clear. They must stay at home at all times and avoid all face-to-face contact for at least 12 weeks, except from you as their carer and healthcare workers continuing to provide medical care. There is more information on shielding on the government’s website.
If this is the case, then you should not continue sending your child to school and if you are an employee, you have a right to take time off work if there is nobody else to help with childcare.

Wakefield_Council.png
Wakefield_CCG_-_RGB_Blue.png
Airedale_Foundation_Trust__-_RGB_Blue.png
BDC_CCG_New_Logo_-_Colour.png
CBMDC-Colour-simplified-RGB-205.png
Bradford_Teaching_Hospitals_NHS_Foundation_Trust_R.png
Calderdale_and_Huddersfield_NHS_Foundation_Trust_R.png
Calderdale_CCG_-_RGB_Blue.png
Greater_Huddersfield_CCG_-_RGB_Blue.png
Harrogate_and_District_NHS_Foundation_Trust_RGB_BL.png
NYCCG_logo_small.jpg
healthwatch-logo.png
Kirklees-Council-logo.jpg
North_Kirklees_CCG_-_RGB_Blue.png
Leeds_and_York_Partnership_NHS_Foundation_Trust_RGB_BLUE.png
Leeds_Community_Healthcare_NHS_Trust_-_RGB_BLUE.png
Leeds_CCG_new.png
Leeds_Teaching_Hospitals_NHS_Trust_-_RGB_BLUE.png
Leeds_City_Council.jpg
NHS_England_logo_NHS_Blue_RGB.png
NHS_Health_Education_England_RGB_Blue.png
NHS_Improvement_RGB_Blue.png
PHE_3268_SML_AW.png
North_Yorkshire.jpg
South_West_Yorkshire_Partnership_NHS_Foundation_Tr.png
The_Mid_Yorkshire_Hospitals_NHS_Trust_-_RGB_BLUE.png
Yorkshire_Ambulance_Service_NHS_Trust__CMYK_BLUE.png
LOCALA_MASTER_LOGO.png
Spectrum cic

West Yorkshire and Harrogate Health and Care Partnership is hosted by NHS Wakefield Clinical Commissioning Group.
Privacy notice | Accessibility statement

Hide this section
Show accessibility tools

Text Size:

Text Plus Text Minus Text Reset

Contrast:

Contrast White Contrast Blue Contrast Beige Contrast Yellow Text Reset
Frank
  • About us
    • About us

    • Our approach to working together
      • Our approach to working together

      • Bradford Local Plan
      • Calderdale Local Plan
      • Harrogate Local Plan
      • Kirklees Local Plan
      • Leeds Local Plan
      • Wakefield Local Plan
    • Our partners
      • Our partners

      • Proud to be a partnership
    • Our leadership
    • Partnership Board
    • Positive about Islam
  • Our priorities
    • Our priorities

    • The difference our Partnership is making
    • Coronavirus (Covid-19) information and resources
      • Coronavirus (Covid-19) information and resources

      • COVID-19 vaccination programme
      • Working together to reduce health inequalities
    • Cancer
    • Capital and estates
    • Children, young people and families
    • Digital technology
      • Digital technology

      • Local health and care record exemplars
      • GP Online Consultation
    • Hospitals working together
    • Housing and Health
    • Improving planned care
      • Improving planned care

      • Our West Yorkshire and Harrogate commissioning policies
    • Improving population health
      • Improving population health

      • Review into impacts of COVID-19 for BAME communities and staff
      • Diabetes Network
      • Climate Change
    • Innovation and improvement
    • Maternity care
    • Mental health, learning disability and autism
      • Mental health, learning disability and autism

      • Learning disabilities
    • Our work with the community and voluntary sector
    • Preventing ill health
      • Preventing ill health

      • Healthy Hearts
      • Loneliness
    • Primary and community care
    • Personalised Care
    • Stroke
    • Supporting carers
      • Supporting carers

      • Your Carers Toolkit
      • Working carers and Covid-19
    • Urgent and emergency care
      • Urgent and emergency care

      • Rotational trainee nursing associate apprenticeship course
      • Help us help you to get ‘to the right place first time'
    • Workforce
      • Workforce

      • West Yorkshire & Harrogate Excellence Centre
      • Workforce health and wellbeing
      • System and Leadership Development Programme
  • News
    • News

    • Blogs
    • Podcasts
    • Coronavirus (COVID-19)
  • Meetings
    • Meetings

    • Upcoming events
    • Meetings affected by coronavirus
    • Supporting our BAME communities and staff - Review Panel meetings
      • Supporting our BAME communities and staff - Review Panel meetings

      • About this review
    • West Yorkshire and Harrogate Joint Committee of Clinical Commissioning Groups
      • West Yorkshire and Harrogate Joint Committee of Clinical Commissioning Groups

      • Previous meetings
      • Future meetings
      • Contact the Joint Committee of Clinical Commissioning Groups
      • Get involved
    • Our Partnership Board
      • Our Partnership Board

      • Partnership Board papers
      • Board membership
      • Ask the Partnership Board a question
      • Partnership Board webcast
  • Publications
    • Publications

    • Tackling health inequalities for Black, Asian and minority ethnic communities and colleagues
    • Better health and wellbeing for everyone: Our five year plan
    • Our Next Steps
    • Our Workforce Strategy​
    • Other Publications
    • Improving Population Health Annual Report
    • An Ethical Framework for West Yorkshire and Harrogate Health and Care Partnership
    • The difference our Partnership is making
    • COVID-19 vaccination programme
  • Get involved
    • Get involved

    • Check-in: staff suicide prevention campaign
    • The NHS Long Term Plan
    • Looking out for our neighbours
    • Health and care champions
    • The work of our Health and Care Champions
  • Engagement and consultation
    • Engagement and consultation

    • Integrated Care Systems legislation
  • Any questions?
    • Any questions?

    • You said, we did...
    • Frequently asked questions
  • Contact us