You may have come across this article because of the latest
announcement made by the Prime Minister Boris Johnson about relaxing the
lockdown measures. The announcement caused divisions in the public with many
confused as to how things will work.
Even the UK government are not in agreement over the new
message been changed from STAY HOME SAVE LIVES to STAY ALERT. The Scottish first
Minister Nicola Sturgeon has stressed the "stay at home" message
remains in place and has disapproved the stay home message from the any Scottish
media outlets.
As it stands, only England will be following the new message “Stay
Alert”. The news came with unclear instructions on which business
can reopen. Today the Prime Minister answered some questions about what to do
and how to get by. You should only go back to work if you cannot work from home
and try to do so by avoiding public transport as much as you can. Employers are
expected to follow some guidelines on making this place safe for employees to
work in.
I Don’t Feel Safe Going Back to Work
A lot of people have been speaking out on social media
platforms about going back to work. The government has left this to the
employer to decide upon. With nurseries still shut and schools still shut till
June 1 the earliest for reception, year 1 and year 6, a lot of workers don’t have
the resources to look after their kids while they are at work. The lockdown
still means no visits to grandparents so it’s almost an impossible mission to
return back to work.
With some employers already informing their employees to get
back to work, we look at some of the issues employees will be facing and what
you can do. Ever heard of section 44 employment rights? Some unfair employers
would probably be hoping that employees don’t know about this.
According to gov.uk, full wordings can be found here
This act provides employees with the rights to contest the capability
and/or suitability of safety arrangements without fear of getting a sack or
facing any disciplinary action or suffering any detriment such as loss of
wages, bonus or benefits.
An Employee has the right stay away from the workplace if
he/she feels unsafe because the employer has not made reasonable adjustment to
his/her working conditions. Now this is left for a debate, an employee could
claim constructive dismissal in event he/she had to resign because an employer
has failed to make reasonable adjustments to make the employee safe. Now this
is the worrying part, constructive dismissal cases are very difficult to claim
so employees who intend to do so must not follow certain guidelines; it is
advisable to seek legal counsel before you resign from your post.
What is reasonable adjustment?
Employers are expected to make the workplace safe for
employees to return to work. This is the worrying part for employers. No doubts
there would be a surge in employment tribunal claims once the lockdown measures
are relaxed and almost all the industries have reopened.
Claims from redundancy, discrimination claims and constructive
dismissal claims are going to be very popular. Employers need to stay alert and
follow employment laws thoroughly so they are not found guilty of breaking it.
The government will be announcing steps and guides for
employers to put in place to make workplace safe for employees to return to
work.
My Workplace is Safe but What About My kids, Transportation Issues?
It’s a bit of a dilemma on this one. For some workers, even
if the employer makes their workplace safe to return, it would be unreasonable
for you to make it to work. Some of the challenges might be where to put your
kids or how to get to work without putting yourself and family at risk whilst
using the public transport. Some employers may feel that their employer is been
unreasonable on how he/she can make it to work without using the public
transport or having to look after kids who can’t be in school and no childcare
services to look after them.
Unfortunately, the current laws only protect someone who has a health condition(s) that affects their ability to perform work duties – disabled person. This current pandemic lockdown
issues will definitely open new windows to more translation of the employment
laws.
Employers are expected to be reasonable in their demands to bring back
their employees however; it appears there are no musts in doing so. Everyone is
lost on this one and I can say that the first step is making your request known to
the employer for a change of working conditions. If it is not possible to go to
work due to the welfare of your kids or a loved one who you are responsible
for, this can be classed as a health and safety issue.
One of the
Health and Safety HSE employee responsibilities is - “take care of your own health and safety and that of people who may be affected
by what you do (or do not do);” This is open for argument but it can be said that
your kids will be affected by your actions. It is evident that there are no
child services open for business and you can prove that you are responsible for
their well-being, then your employer is expected to act reasonably to work
things out with you on how you can safely return back to work. It may be that
your return to work will put your kids at risk.
Hopefully, things are resolved between you and your employer
but whatever you do, read your contract terms and your employer's health and
safety guidelines. If you are having problems with your employer, you can
contact Acas for help.
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