As workplaces start to open up again and staff return to their jobs, employers need to be aware of employee concerns about lack of COVID-secure workplace measures.
Employers will already be aware that it is their responsibility to make sure the premises are safe and most will want to ensure their staff also feel protected.
Joan Pettingill, Director & Head of Employment Law & HR Services at Wake Smith Solicitors, looks at a recent case where an employee was found to have been unfairly dismissed for raising a lack of health and safety issues, out of concern for his clinically vulnerable father.
“The case concentrated on a chef in a restaurant who highlighted the lack of PPE or other COVID-secure workplace precautions. When he was asked to return to work, his employer responded negatively to his comments telling him to "shut up and get on with it".
“The former successful and valued member of staff was then dismissed by text message in May 2020, not paid any notice pay or accrued holiday pay and told that the company was changing the format of the business and would be operating a smaller team after the lockdown.”
Unsurprisingly an employment tribunal held that the chef had been unfairly dismissed under the Employment Rights Act 1996 (ERA 1996). He had taken steps to protect his father in what he reasonably believed to be circumstances of serious and imminent danger.
As the wording of the employer's texts also suggested a possible redundancy situation, the tribunal found that he had also been unfairly selected for redundancy under section 105(3) because he had taken those steps.
Joan added: “The tribunal also awarded the employee pay in lieu of notice and untaken holiday, underpaid furlough pay, and pension contributions that had been deducted but not paid into the pension scheme.
“This case is a salutary reminder to employers to take care and take the correct approach when dealing with staff concerns about returning to work after lockdown. Wake Smith helps employers successfully overcome all kinds of difficult staff situations.
“Although this is an employment tribunal case, and not binding on other tribunals, it shows the direction of decision making being taken – and there are likely to be many similar cases.”
Wake Smith’s employment law team has expertise in all types of employment tribunal claims. As well as offering fixed fees, Wake Smith also provides hands on HR support and practical professional advice to businesses that are keen to manage their staffing issues successfully.
It also provides training to managers to help them identify risky areas and avoid pitfalls.
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For further advice on any employment law and HR matters, including expertise in defending employment tribunal claims, contact Joan Pettingill at Wake Smith Solicitors on 0114 266 6660.
To book onto one of our training courses or for further information please contact Bridie Mulgrew [email protected]
