| This is something that a lot of employers may have been faced whilst trying to get their workforce back to work in the last year. Many have been cautious about how to deal with such objections, fearing the potential repercussions. Up until fairly recently the right found in S44 of the Employment Rights Act 1996 was seldom used or known about. What that particular section does is that it allows an employee to bring a claim to a tribunal if they have been subjected to a detriment because they reasonably believed that being at work would either place them or someone else (usually a child or household member) in serious or imminent danger. Over recent months this has been used by employees who either fear travelling to or being in the workplace as a result of the pandemic. Today, the government has set out new regulations intended to extend the protection offered by this section to workers rather than just to employees. It is believed that this amendment will apply to any detriments taking place on or after 31st May 2021. This announcement comes at a time where many businesses are struggling to stay afloat and may be seen by some as yet a further erosion of the rights and responsibilities of employers. Whatever your views are on this issue, it is definitely something to be aware of. Clearly everyone’s circumstances are different, and some individuals will have genuine and real concerns which you will need to address. There is no one size fits all when tackling these type of issues. Our advice is, listen to the concerns, engage with the individual and try to work together to reach a solution that suits all parties. This may not always be possible, but it is definitely worth trying before taking any action that may land you in the Tribunal. For more information or help with this or any other employment law issue, please contact us at support@guardianlaw.co.uk. |
