Returning to work in the time of coronavirus-part 2

Fri, 15 May 2020

The Government has now published its guidance on the steps employers should take to enable employees to return to work safely. A key recommendation is that all employers should undertake a risk assessment before employees return to work. A failure to do so and a failure to devise and implement a safe system, may well entitle employees to argue that it is not safe to return to work and dismissal in those circumstances may well be automatically unfair under Section 100(1)(c) or (d) of the ERA. Where such an assessment takes place it may still be reasonable for employees to rely on Section 100(1)(e) where they reasonably believe that there is a serious and imminent risk of danger if the system is inadequate or is not effectively enforced. instances of flagrant non-compliance may even justify complaints of constructive dismissal.

Related articles

The judgment of the Court of Appeal in the recent case of Planon Limited v Gilligan is a cautionary reminder to employers that delay and the passage of time can defeat their prospects of obtaining injunctive relief....

Date: Wed, 08 Jun 2022
Alex Mellis addresses the decision of HHJ Ralton in Abrahart v University of Bristol...

Date: Tue, 24 May 2022
Kawsar Zaman has successfully acted for a British Gas servicing engineer who an Employment Tribunal has found was unfairly dismissed and discriminated against (disability) by the company...

Date: Thu, 31 Mar 2022