Understand Your Rights. Solve Your Legal Problems
Kevin McNerney, Expert in Employment Law, at St John’s Buildings
Now we are seeing a lot more enquiries around employer’s and employees’ rights surrounding working from home, unpaid leave and redundancy. Obviously, it’s an uncertain time so employers are looking to understand their options.
It’s possible we’ll see more unfair dismissal claims, as a result of employees being required to work, but refusing as they think it’s dangerous to do so. The law does protect employees if there is a realistic and imminent threat to their health and safety, but it will be their responsibility to prove this in court.
The vast majority (87.9%) of businesses are managing NHS-recommended self-isolation by requesting employees work from home. However, businesses are taking a nuanced approach with a combination of responses being used, including sick leave and sick pay (45.5%) and full pay without work or sick leave
We’ll likely also see an increase in claims whereby the employer has unilaterally made changes to pay or other terms and conditions. Generally, both sides should agree to any changes before they are made. Again, here the need to talk and discuss options with your employees is paramount. Even if a discussion with an employee doesn’t lead to an agreement, the employer will be in a much stronger position to defend any claims.
Without a doubt, the first thing to do is to talk to your staff. Be open with them about what difficulties you are facing, whether that’s a reduction in work or complete forced closure because of the Government bans. Staff will understand this is an extraordinary situation and will be looking to their employer to provide leadership.
In all likelihood, they’ll be open to negotiating a joint way forward. What you want to do at all costs, is to avoid reputational damage and a loss of respect from staff. Look at Waterstones; as a result of its Chief Executive telling stores to stay open when staff have no access to PPE and are scared about the risks of the virus, they are suffering significant damage, which may be difficult to overcome.
