Dismissal of employee for refusal to return to work after pandemic was not unfair

Easing out of lockdown will prompt employers to focus on how to manage a return to the workplace, especially for reluctant returners after long absence during the pandemic. In the recent case of Rodgers v Leeds Laser Cutting Limited an employee was dismissed when he refused to return to work because he was worried about COVID-19. The employment tribunal dismissed his automatic unfair dismissal claim for two main reasons: his employer had followed government guidance on making its workplace COVID secure; and the Claimant had not raised any meaningful concerns about workplace safety, and so did not hold a reasonable belief that there was serious and imminent danger, for the protection from dismissal under sections 100(1)(d) and (e) of the Employment Rights Act 1996 to apply. Please note that this decision relates to the specific facts in this…

Employment Law Update May 2021

This article covers: Working from Home Fire and Rehire Gig Economy Sleep ins Line of Duty? 1. Working from Home The popularity of remote working is on the rise but there are pitfalls for both employer and worker. The Office for National Statistics in its report Homeworking hours, rewards and opportunities in the UK: 2011 to 2020 found that 35.9 percent of the UK workforce worked some of their time at home in 2020, an increase of 9.4 percent over the previous year. But this was not spread evenly over the country or the economy. For example, those who worked at home earned about 20 percent more than those who didn’t, and there was more homeworking in the South East than in the North East of England. IT, professional, scientific and technical, and financial…

New ACAS Guidance for Employers on Long Covid

ACAS has published new guidance for employers and workers on the impact of long COVID in the workplace. The guidance highlights the significant effects which long COVID can have on workers, such as fatigue, memory loss and difficulties with concentration, all of which can have a detrimental effect on their ability to carry out their roles effectively. Employers will need to plan how to manage long-term absences and the impact of long COVID. Please contact Gillian Reid, in the employment team on York 01904 716000 , Wetherby 01937 583210 or Malton 01653 692247 or email gillian.reid@warekay.co.uk.

Refresher on family-friendly rights and the implications of Covid-19

While the predicted lockdown baby boom has not materialised and the birth rate is similar to 2020 (down just 0.5%), family caring responsibilities have been more evident in the last year as home-schooling affected many families and some children even made an appearance in professional video-calls. Employers need to be familiar with family-friendly rights and the impact of the pandemic on parents and pregnant workers. Gillian Reid, Head of Employment with Ware & Kay reminds employers that ‘not complying with family-friendly rights can lead to expensive and time-consuming tribunal claims.’ Gillian Reid runs through the main family-friendly rights and protections, including rights in a redundancy situation and the implications of furlough arrangements, as well as highlighting employer responsibilities to protect pregnant employees during the pandemic. What are the key rights to family-friendly leave? Regardless of length…

Employee, worker or self-employed? Comparing status and rights

The statutory definitions of the three categories of employment status have long been criticised as being unclear, and over the years a body of case law interpreting these definitions has grown up. Despite this, it remains difficult to set out a definitive list of criteria to allow employers or employees to determine whether an individual’s status is that of employee, worker or self-employed. The Supreme Court in Aslam v Uber [2021] recently gave useful guidance on the approach that should be taken, particularly with vulnerable workers, emphasising that it is the actual arrangements on the ground that matter and not what the contract says. ‘To add to the confusion, the definitions of employee and worker vary depending on the various rights,’ says Gillian Reid, a Solicitor in the employment law team with Ware & Kay. ‘The…

New rules for IR35 and off-payroll working from 6 April

After postponements in 2019 and 2020, the 6 April 2021 is the third date scheduled for the off-payroll working rules to be extended to the private sector. The purpose of the change is to increase compliance with tax rules known as IR35. This change has implications for: medium and large private sector organisations using contractors and freelancers; contractors and freelancers who provide their services through an intermediary, such as a personal services company; and agencies supplying contractors who provide their services through an intermediary. Medium and large private sector organisations using contractors and freelancers who provide their services through an intermediary such as a personal services company will be responsible for assessing the individual’s tax status under the off-payroll working rules. ‘The vexed issue of employment status, namely whether an individual is self-employed or…

Access to seasonal agricultural workers in the UK after Brexit: the Seasonal Worker Immigration Scheme and COVID-19 restrictions

Freedom of movement from the European mainland came to an end on 1 January 2021. In December 2020 the UK government announced that the number of seasonal agricultural workers permitted to travel to the UK to help pick and package fruit and vegetables in 2021 would be increased. Now 30,000 seasonal worker visas will be made available for 2021, enabling EU and non-EU workers to enter Britain to assist with the harvest. This will treble the number of seasonal worker visas made available in 2020.  Gillian Reid, Head of Employment at Ware & Kay Solicitors in York, Wetherby and Malton (Pearsons & Ward) explains.   The UK seasonal worker visa program was initially launched as a pilot in 2019 and has now been extended by a further 12 months. The extension applies to EU and non-EU workers…

Grumbles or grievances – why you need to take employee complaints seriously

Receiving a grievance from an employee is rarely welcome – dealing with it can soak up resources, cause disquiet among other employees and in some cases escalate into a dispute which ends up before an employment tribunal. However, as Gillian Reid, employment lawyer with Ware & Kay in York & Wetherby explains, handling grievances properly is a useful way of nipping workplace problems in the bud, stopping relations between you and an employee souring and resulting in legal action.    The key to dealing with grievances is to adopt a fair process and to be aware of some of the challenging issues that may crop up.   Importance of treating grievances seriously Dealing with a grievance promptly and thoroughly can avoid bigger problems arising later on, for example if the employee alleges that a colleague is…

Dealing with flexible working requests: guide for employers

Homeworking and other forms of flexible working arrangements are increasingly common, as employees juggle caring responsibilities or try to avoid long and expensive commutes to work. Employees may be surprised to learn that there is no right to work flexibly, just a right to make a request. However, as Gillian Reid, employment law specialist at Ware & Kay in York and Wetherby explains, employers need to respond properly to any requests to work flexibly to avoid claims in an employment tribunal. What is flexible working? Working part-time, from home or only in term time are all examples of flexible working, along with job shares and exemption from night shifts. The legal process to request flexible working applies to working hours and the place of work. Who has the right to request flexible working? The scope of…

It is time to refresh HR policies and practices for 2021

2020 was a tumultuous year with employers having to respond rapidly to the challenges of the pandemic. Culturally the world has shifted too, with the Black Lives Matter movement bringing momentum to improving equality and diversity at work. The end of the Brexit transition period on 31 December 2020 means an end to free movement and has implications for UK employment law. Gillian Reid, a Solicitor in the employment team with Ware & Kay suggests that ‘Now is a good time to review and refresh HR policies and practices after a fast-paced 2020 and to get ready for the challenges of the new year.’ She recommends focusing on the following areas: Working from home Is your working from home policy fit for purpose? Does it adequately deal with homeworking as the norm for staff, rather than…