Business owners are being urged to remain mindful of their duties and responsibilities as an employer ahead of an anticipated rise in claims being made by employees returning to work after the lockdown period. There are a number of possible claims that companies could face as UK businesses slowly begin to reopen.
Despite the difficult circumstances presented by the coronavirus outbreak, this will not be enough to shield employers from courts and tribunals and warns that many are likely to see a spike in claims from employees. The effects of the current pandemic on businesses and the workforce could result in several different kinds of claims from employees in relation to their employment including:
- Constructive dismissal
- Unlawful discrimination
- Unfair dismissal
- Breach of privacy
With little time to prepare or plan, businesses have needed to make critical decisions whilst having to navigate ever-changing legislation and guidance set out by the government. This has in turn left many employers potentially vulnerable, with lots of business owners and managers confused about what the correct duties and responsibilities to their employees now are.
There are a number of variables related to the effects of the coronavirus pandemic that could result in several different kinds of claims from employees, especially as businesses begin the phased return to the workplace.
One of the greatest concerns for workers is their health and safety, and businesses will need to take all necessary steps to ensure the appropriate safety measures are in place including conducting appropriate risk assessments to identify risks for employees returning to work and planning the steps that will be taken to address those risks
We anticipate that there will be potential dismissals as a result of staff furloughing and redundancies. For example, if employees perceive that the reason they were or weren’t furloughed – or in some cases were made redundant – related to a protected characteristic under the Equality Act 2010, they may seek to make a claim for unlawful discrimination.
The latest indicators published by the Office for National Statistics (ONS) show that of the 6000 businesses surveyed, 76 per cent had applied for the governments job retention scheme, with 31 per cent of the workforce having been furloughed, making it the most popular of all the support schemes introduced by the government during the coronavirus outbreak.
Employers should also be careful not to disclose the identity of individuals who have been infected with Covid-19 unless they are able to establish that it is absolutely necessary to ensure safety at work or to meet public health requirements,
Where transparency and privacy rights collide, employers are faced with potential safety risks on the one hand and potential risks of breach of privacy rights on the other.
It’s clear that employers must evaluate the potential issues that could arise in order to mitigate the risk of legal claims being brought against them. We would always recommend businesses to seek legal advice during this time.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
