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13 May 2020
Issue: 7886 / Categories: Legal News , Covid-19 , Employment
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COVID-19: Heed concerns, employers told

Employers could face legal proceedings if they fail to take account of coronavirus fears, lawyers have warned

The Prime Minister announced on Sunday that employees can return to work if they cannot work from home.

However, Dan Hobbs, employment barrister at 5 Essex Court, said: ‘Social distancing in the workplace (particularly on construction sites) may be difficult to achieve and other protective measures, such as the provision of PPE (personal protective equipment), has been a point of much contention throughout the crisis to date.

‘Employees may be rightly concerned for their own health and safety as well as that of their co-workers and others in their household. Section 44 of the Employment Rights Act 1996 provides that employees may not be subjected to a detriment because they have raised a relevant health and safety concern with their employer (such as the failure to provide effective social distancing measures in the workplace or the unavailability of PPE).’

Consequently, any employer who took disciplinary action or withheld pay because the employee refused to return, walked out or raised a relevant concern where they reasonably believed the danger to be serious and imminent would be in breach and could face proceedings in the employment tribunal, he said. Similarly, ‘if the employee is dismissed for that reason, they will have a claim under s 100 ERA for automatic unfair dismissal. There is no qualifying period of employment to bring such a claim and interim relief is available’.

Meanwhile, lawyers broadly welcomed Chancellor Rishi Sunak’s four-month extension of the furlough scheme to the end of October, with a part-time flexible option available from August.

Jo Keddie, partner at Winckworth Sherwood, said: ‘Employers may still face some difficult practical choices as to how to put that into practice and how best to balance furlough arrangements with part-time working for employees where possible.

‘The wider guidance issued this month surrounding health and safety requirements for businesses in different sectors will still be of crucial importance.’

Simon Davis, president of the Law Society, said the extension would be ‘a big help for firms, particularly small ones’.

Issue: 7886 / Categories: Legal News , Covid-19 , Employment
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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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