Furlough schemes, redundancies, self-isolating staff, and the rise in flexible working are just some of the changes to work that employers have seen since the start of the pandemic.
In this article, we highlight some of the main COVID-related claims that employers could face this year.
Redundancy
Many employers will be having to make large scale redundancies as a result of coronavirus. Unfair dismissals are already common in employment tribunals when making staff redundant. COVID-19 and lockdown measures have led to uncertainty around what constitutes unfair dismissal. Employers may assume that they do not need to follow the full redundancy process if the member of staff is already on furlough. However, failure to warn or consult with a member of staff about their redundancy could result in a dismissal claim. To avoid this employers can:
- Check alternatives to redundancy – for example, leaving the member of staff on furlough
- Communicate with those team members who are at risk
- Choose who will be made redundant
- Give a notice period and redundancy pay
Remember, the procedure does not change just because the member of is on furlough. Employers must also consider whether a COVID-related dismissal is fair. For example, if you are not following COVID-19 safety precautions in your workplace then staff are entitled to the report this. You cannot fire a member of staff for doing this, and if you do this could lead to a tribunal.
Furlough fraud
It is furlough fraud if a member of staff is on furlough but they are still working. Even if a member of staff is asked for advice whilst they are on furlough this could be used against the employer. It is therefore vital that employers fully understand the furlough scheme.
Likewise, an employee can raise concerns about the misuse of the Coronavirus Job Retention Scheme by contacting the HM Revenue & Customs hotline. Misuse of the scheme will result in employers having to pay back the monies in addition to facing legal trouble.
Although, there is some good news. If employers have made an honest mistake with furlough they can own up to errors to avoid legal issues by calling the HMRC and paying back what is owed immediately. The Government will then consider if it was a genuine or deliberate mistake and will take further action if required.
Failure to let staff self-isolate
If an employee tests positive for Coronavirus or has had contact with somebody who has then they must by law self-isolate for 10 days. Employers may think that if an employee has come into contact with someone with COVID and they take a test and it comes back negative then they can return to work. This is incorrect. COVID can take days to develop, which is why it is imperative to follow the 10-day isolation period.
Allowing staff to return to the workplace when they have been told to self-isolate will be detrimental to your business. It could put both your staff and customers at serious risk. Moreover, this breach could result in a Fixed Penalty Notice from the Government:
- £1000 for the first offence
- £2000 for the second offence
- £4000 for the third offence
- £10,000 for the fourth and any following offences
Find out how you can make your workplace COVID secure here.
Flexible working requests
Many of us will have gotten used to working from home and working flexible hours. The law on the right to request flexible working is still the same. However it should be noted that employees’ expectations around it may have altered.
For some employees, they may have grown used to their flexible schedule and may want to make this permanent. Employees will need to be able to show that their work performance has remained the same or improved, if they wish to keep this work schedule. Employees will still have legitimate reasons for homeworking, so if you are an employer who is reluctant to allow flexible working requests then you may have to rethink. Employers will need a valid reason for refusing these requests. If not, they could be indirectly discriminating against sex, age, disability and so on.
Our Human Resources team can help with any COVID-related HR issues in your workplace. We have advised many businesses throughout the pandemic and we can support yours too. If you have any questions about Coronavirus issues in your workplace then get in contact with us today.