Last week, London Central Employment Tribunal agreed to postpone a whistleblowing and unfair dismissal case after a Simons Muirhead & Burton (SM&B) client displayed symptoms.
SM&B employment partner Makbool Javaid said the individual had recently returned from Italy, although she was not in the most infected area, and was suffering from a headache and flu-like symptoms, so was advised not to come into work.
‘There are judicial guidelines for this situation, involving production of medical evidence, but in this case we just had to set out the circumstances, that she was exhibiting certain symptoms, was going to be tested but was unable to provide medical evidence, and the judge was prepared to postpone the case on lesser evidence. I expect the same would apply to any advocate at risk―like employers, judges are able to be more flexible.’
Javaid said he was advising employers to be proactive where there is a higher than normal risk, ‘interpret rules in a more compassionate way than in the past and understand that people have genuine fears.
‘Our clients have followed their own contingency plans, have had internal planning meetings and looked at potential steps to prevent infection. There are bigger issues as to what happens if schools are closed and parents have to take time off as a result. Employers may need to exercise discretion and allow staff to work from home where possible.’
In London, accountants Deloitte evacuated part of its office after an employee tested positive for the virus, while law firm Quinn Emanuel Urquhart & Sullivan closed its New York office for a week after a partner contracted the virus.
The Bar Council said it was ‘keeping the coronavirus situation under review and monitoring the advice we receive from the Foreign & Commonwealth Office and Public Health England.
‘We are keeping our training and events portfolio under continuous review and if the advice from the Foreign & Commonwealth Office and Public Health England suggests individuals should not travel, then we will cancel or postpone any planned Bar Council courses we are not able to facilitate other than in-person.’
The government has proposed establishing virtual courts as part of emergency coronavirus legislation. A Law Society spokesperson said this ‘could be pragmatic for some cases. The challenge will always be to make sure that the quality of justice delivered is not unduly compromised by dealing with matters remotely’.
