Now that it has been nearly a year since the pandemic began to spread in the UK and lockdown was implemented, we are starting to see some coronavirus-related judgements come through the Employment Tribunal system.
In the recent case of An Operations Coordinator v A Facilities Management Service Provider, a worker resigned after raising complaints around safety in the workplace and her request to work remotely during the pandemic was rejected. The Irish WRC found constructive dismissal was proven.
This is a first-instance ruling, handed down in a different jurisdiction however, it’s an early example of a covid-related claim that many UK employers will likely be facing over the next few months and beyond.
This is decision is confirmation that when management turn down requests to work remotely where this is a possibility, they could later face claims for discrimination and constructive dismissal.
It is so important that management ensure that your workplace have:
- consulted individually and collectively over changes (including the possibility of homeworking);
- carried out a COVID workplace risk assessment and mitigated any risk; and
- put in place a safe working during the pandemic policy.
If you need any further advice, or you don’t have any of the above clearly in place, give us a call on 0161 603 2156 for a free, no-obligation discussion on your workplace practices and policies.
