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Employment Law for employees - Coronavirus Update

In these uncertain times understanding your rights as an employee has never been more significant. Employers have to come to terms with the changing landscape and do what they think is right to protect their businesses, and whilst they do have a legal right to make redundancies they also legally need to follow a process/framework. Employment, even in these hard times, still needs to be legal and fair.

Employment Law is complex and in the current climate there are even more opportunities for an employer to fail to uphold your rights as an employee.

At Banner Jones, our team of compassionate Employment Law specialists, have a wealth of experience in dealing with all aspects of employment law including redundancy, discrimination at work and unfair dismissal. We are available now to support you and ensure that you find and achieve the outcome you want.

Our friendly and compassionate team are here to help. We are available by phone, email , video call and our offices are all now open for appointments should you wish to speak with us face to face. Contact us today in confidence for a no obligation initial discussion about your situation and how we can help 0330 017 6309.

We can help you with:

Settlement Agreements

Unfair Dismissal Claims

We can help with your employment issue

One of the questions we're being asked at the moment is what are my rights with regards to taking time off to look after my child who is isolating?

The law allows employees a reasonable amount of unpaid time off to deal with an emergency situation when care is needed for a dependant. This has generally been accepted to be a 1 – 2 days, although it can be more, depending on the circumstances; and we think COVID is likely to be such a circumstance. 1-2 days is deemed reasonable under normal circumstances as this gives you time to put longer term childcare plans into place, which of course during Covid may not be feasible.

Some employer’s policies may state limitations on what dependant’s leave can be used for so it would be worth having a discussion with your employer about how flexible they can be with any such policies given the circumstances.

This time off would usually be unpaid unless the employer agrees to pay you for this time off. You would need to look at your employer’s rules about time off for dependants to see if this is paid. You may of course be able to agree to take holiday to cover the childcare, work from home or possibly discuss flexible working such as a temporary change in working hours.

If an employee is dismissed or subjected to less favourable treatment for trying to take dependants leave, then that will be unfair and they could have a claim. However, as with everything in employment law, this will all turn on the facts of the individual case.

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Can I be forced to attend work if a member of my household is a vulnerable person?

If you are living with a person who is pregnant, elderly, or suffering with a disability that means they are in a high risk group, your employer should consider adjustments, such as enabling you to work from home. If your employer still forces you to go to work, you may have a claim for constructive/unfair dismissal, particularly if your work environment does not have social distancing measures in place.

Can I be made redundant when on furlough leave?

Yes. You could be made redundant during or after furlough leave. However, employers are obliged to follow strict procedures when making employees redundant to ensure that you are treated fairly. They must still follow the same procedure if you are on furlough leave.

Can I request to be furloughed?

You can request to be placed on furlough leave, but the decision is ultimately your employer’s. If you have a condition that puts you at high risk, such as a particular disability, it would be reasonable for your employer to consider placing you on furlough leave, if this is what you have requested. Failure to act reasonably and fairly in such a scenario could mean you have a claim for discrimination.

Can I work for my employer whilst on furlough leave?

You must not undertake any work that generates revenue for your employer or provides services to them. You can however, undertake training.

How much will I be paid on furlough leave?

This will depend on what you agree with your employer. Under the CJRS, HMRC will pay 80% of your wages (subject to a cap of £2,500). Provided your employer does not have a contractual right to reduce pay in your employment contract, if your employer intends to only pay you 80% of your wages, they would need your agreement to do so.

Will I also receive my usual commission during furlough leave?

If your commission is contractual, then yes (subject to above). If not, your employer will not have to pay you commission you would usually earn.

Can my employer dismiss me if I do not want to return to the office?

This will depend on your personal circumstances and the nature of your job role. For example, you may have a claim for unfair dismissal and discrimination if you are dismissed whilst ‘shielding’ following government advice, and you are able to carry out your work from home.

Can my employer reduce my salary?

Unless your employer has specified in your employment contract that it can reduce your salary, then no. If your employer proposes to reduce your pay, they must obtain your agreement. If your employer has reduced your wages without your consent, you may have a claim for unlawful deduction of wages and / or constructive dismissal if you chose to resign .

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Excellent, speedy & professional help. Thank you Katie!
Mr J, Chesterfield

Extremely pleasant and friendly receptionist. My intention was to ring around several solicitors to get quotes, but after speaking to receptionist was happy to book an appointment.
Mrs M, Old Tupton

Banner Jones were really helpful, friendly and professional. Would definitely recommend and would not hesitate in using again.
Mrs C, Chesterfield

Very professional and showed empathy throughout.
Mr B, Walton

I recently used Katie Ash for an employment settlement agreement. I found her to be very knowledgeable, friendly and she explained points clearly, and used understandable language.
Mrs H, Chesterfield

Professional yet personal & understanding. Excellent service
Mr P, Chesterfield

Katie is understanding, considerate and very kind and thoughtful in her manner.
Mrs L, Old Tupton

Straightforward explanation of each section of the settlement agreement with ample opportunity to ask questions and have “plain English” discussion. An open and friendly, but professional manner was evident from the advisor.
Mr R, Clay Cross

It was a real pleasure to meet with Katie Ash; she made my “getting legal advice” simple, straightforward with compassion yet professional.
Mr P, Rise Park

We have used Banner Jones for employment advice for over 20 years and the team have always found the best approach to resolve our problem
Mr. Richard Kay, Operations Manager, Stagecoach East Midlands

We’re really grateful for the work you did for us. 10 out of 10!
Mr & Mrs S, Bridlington

Very easy to make appointments, very personal service from all people at Banner Jones, my solicitor was very friendly and put me at ease. If I needed a solicitor again, Banner Jones would be the first on my list.
Mr C, Dronfield

Brilliant service, kept well informed all the way through the process. Would definitely recommend.
Miss H, Nottinghamshire

I was so impressed with Katie’s advice. She was very professional, to the point and helped me in what was a very difficult situation. Her advice gave me the confidence I needed and was a real boost.
Mr D, Chesterfield

Cannot fault the service, efficient, prompt and cautious. Matters explained very well and clearly. Pleasantly surprised.
Mr & Mrs D, Mansfield

Service provided was excellent. All the staff were very helpful, considerate and professional. I would highly recommend to friends and family.
Mr W, Nottinghamshire

I have always experienced complete satisfaction with Banner Jones and their services over the last 15 years.
Mr & Mrs R, Sheffield

A very pleasant experience in very unpleasant circumstances. Katie was on the ball, whereas my employer wasn't. Thank you Katie!
Miss M, Sheffield

Very efficient, friendly, personable and excellent service.
Mr F, Bolsover

Once again an excellent service. A friendly, professional and reliable. I was put at ease straight away and felt I could ask anything however big or small.
Ms H, Nottinghamshire

Excellent service from Sara Patel at Banner Jones. Thank you for the stress free way you helped me.
Mr S, Newbold

The service and information provided by Sara and the company has been friendly, professional and helped close my case swiftly.
Mr B, Chesterfield

Sara has been amazing throughout the process and I can’t thank her enough. Very professional, always few steps ahead of everything, making sure my case is being taken care of. Sara has been an amazing support on every level, I couldn’t have gone through it without her, she has been my rock. It was a pleasure working with her, I had total trust in her
Ms P, Chesterfield

Sara saw me at short notice and gave me excellent advice. She was able to negotiate with my employer to secure a favourable outcome. She worked very quickly and left me reassured that I was in very safe hands.
Ms G, Sheffield

Great service.
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