Employment Law

Covid-related Employment Cases

Employment tribunals have been deciding Covid-related cases throughout 2021. In an article this week, Personnel Today looked at 10 key first-instance rulings related to the pandemic.

From an employee refusing to attend work due to safe working concerns through to failing to follow safety protocols and dismissal due to online safety rants, cases and decisions included:

No blanket right to refuse to attend work during pandemic >>

Decision on an employee who would not attend work during the first lockdown because he was concerned about infecting his young children

Employees can voice genuine safe working concerns >>

Decision on an employee who did not want to return to work due to concerns about lack of safe-working measures.

Employers should take steps to protect vulnerable workers >>

Decision on an employee who claimed in the employment tribunal that loss of pay during her exclusion and the failure to allow her to return to work were direct pregnancy discrimination.

Dismissal for failure to follow safety protocols can be fair >>

Decision on delivery driver who refused to wear a mask while sitting inside his cab.

Dismissal for online workplace safety rant can be fair >>

Decision on delivery driver who posted on Facebook regarding safety concerns.

Redundancy: no obligation to furlough employee >>

Decision on employee who claimed employer should have kept him on furlough instead of dismissing him.

Redundancy: failure to consider furlough affects fairness >>

Decision on employee’s claim that employer failed to consider furlough request seriously.

Variation: employee’s agreement required to reduce pay >>

Decision on employee who refused to sign a variation of contract.

Remote working request refusal can result in tribunal case >>

Decision on employer not trialling a new working arrangement proposed by employee.

Difficult job market during pandemic pushes up awards >>

Decision on rejection of employee’s flexible working request.

To read the article and findings in full, visit https://www.personneltoday.com/hr/covid-employment-cases-10-key-tribunal-rulings-for-employers/

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