covid19

The response towards COVID-19 mirrored most people’s naturally cynical expectations. The UK was almost completely unprepared at that start, the response was improvised without much planning, and then most of the populace fortunately and very Britishly just hunkered down to get on with it, save for some defiant quarantine-breakers. As long as most of us can give a good moan about it, by and large we are now on a downhill trend with a bodycount that betrays the ineffectiveness of the early response – and a fresh new pile of debt as the state had to step in to subsidize the economy.

Like for example, both World Wars. Previous notable pandemics like the 1968-70 flu pandemic likewise emptied out factories and forced half staffing to limit the spread. Things have yet to become truly irrecoverable. It may take years of recovery, but the engines of commerce shall surely turn again as long as people don’t make things worse for themselves.

COVID-19 is not a hoax or a conspiracy. There have been many other pandemics like it before, the difference why those previous pandemics seem to have done comparatively little damage is from how we are looking at it from the inside. Damage mitigation strategies that succeeded get little news.

Also, there were far less people in previous decades that suffered pandemics and they were taught by their parents to treat quarantines seriously, rather than born a world which had effectively eliminated most contagious killers like smallpox, measles, typhoid fever, cholera, etc. – which had been seasonal epidemics through many centuries.

There is little need to stress over the long-term economic prospects as that is the realm of the subconscious cultural response. Consumer confidence matters. For the long term to become viable, first we must deal with short term concerns. Worker and employer rights should be maintained, or else they aren’t rights at all.

Right of Employees and Employers

It cannot be Employees vs Employers in this case because lives cannot be spent to fuel the economy in the same way some comic book tribe throwing virgins into the volcano to appease their angry volcano god. At the same time however, the nation can’t keep itself shuttered for long before collapsing.

Employers have a ‘duty to care’ for staff, consumers, and anyone else who might visit their workplace. While it may be difficult to prove legally that someone entering contracted coronavirus in your place of business, employees should not be risked and then serve as a vector for additional infection.

A business without employees cannot operate. A business that risks its employees’ health itself may be risking legal action. But bankrupting vulnerable businesses will also put more people out of work.

A more open-minded view is that every employee is also a consumer, so the best thing for national recovery is to have as many people primed to keep buying.

The Survival of Small Businesses

Small businesses employing less than 250 people employ most of the workforce in the UK – about 23 million people. Survival strategies for small business are outside of the scope of this article, however.

This is merely to emphasize that at this point, we should not take an adversarial position. The eternal enemy is bureaucracy. Employers should be able to claim up to 80% of wages they pay for employees on furlough, and employees ought to keep their jobs even when most of the business must shut down under the Coronavirus Job Retention Scheme.

If you find yourself having difficulty claiming your grants or emergency loans, collective political action with legal support and media exposure may be required to communicate the urgency of your need to your local government units and banking representatives.

Being Forced to Come to Work

Who among the employees are to be sent on furlough are on the discretion of the employers, with importance towards those most at-risk populations. Younger workers may still be required to come to work, at most 50% of regular staffing to promote social distancing.

When you do report to work, remember that your employer is obligated to make your workplace as safe as possible. Being forced to work at threat of being fired is unlawful. You are supposed to be protected against

  • Constructive dismissal or being pressured to resign or leave rather than being dismissed
  • Disability discrimination
  • Age discrimination
  • Breach of health and safety laws

If you are living with someone who is vulnerable (pregnant, old, disabled or suffering from ill health), it may be unlawful for your employer to insist you come to work and risk their health.

If you are self-isolating due to symptoms or advised by medical authority, you are entitled to statutory sick pay. You may not be dismissed for self-isolation due to the Employment Rights Act 1996.

Harassment of At-Risk Essential Workers

If you are a medical worker or an employee in an industry deemed essential and you are thrown out of your residence or denied access to services because people fear catching COVID from you, that is unlawful.

If you are being harassed or attacked, that’s a criminal offense and seek help immediately. It may protect other at-risk workers from further attacks by serving as an example.

Anti-Asian Sentiment

This is just outright an unjustified crime and unfortunately the stress of coronavirus is causing it to spike. Stay safe, prefer to move in groups, and make sure you can provide video or recorded evidence. It is unfortunate that most of these attacks are also hit and run and prosecution is difficult when the perpetrators can’t be easily identified.

Coronavirus Scams and Bad Advice

It is advised to be very careful and don’t fall for any quick solutions. Scammers and hackers are using the coronavirus as a ‘hook’ to commit fraud and steal critical personal information.

It will be difficult to recover damages after a scam, and following bad medical advice can kill. If it sounds too good to be true, it probably is. The government’s anti-fake news unit is having to deal with 10 new cases of coronavirus misinformation per day. This is a time when it is best to be skeptical of any easy solutions.

Be careful of those that prey on those trying to access economic grants and relief supplies. If you receive a suspicious email urgently asking you to send money or provide account numbers and personal information for verification, those are likely to be ‘phishing’ attempts. Never oblige anyone attempting to gather your financial data.

Websites that will give reports on potential coronavirus infected in your workplace or neighborhoods in violation of privacy in exchange for payment or sign up login information are just taking advantage of fears and a hunger to obtain privileged information that don’t exist.

Emails may pretend to come from trusted organizations that ask you to click on a pdf or word document for ‘more information’ that will launch malware to compromise your system and harvest your passwords.

If someone is selling you home testing kits, those are fake. The only possible home kits are sample collection kits and the contents to be mailed to an accredited testing laboratory, and they require a signed doctor’s order. There is a global shortage of coronavirus testing – not because of a lack of kits, but a in hard limit in lab processing. No home kit can tell you if you have coronavirus.

Be careful of predatory loan packages.

Desperation signals those who would take advantage of it. Limit exposure both in public and in social media. If you are unsure, it is best to send your own email to official channels directly instead of replying to a suspicious email. This isolation may also be taking advantage of scam calling – for some people may be the only human contact they have in weeks.

Beware of fake sites selling medical supplies and cures. Do not purchase cures or prophylactics that you can consume.

There are as of yet no real solutions, just mitigating factors, and nothing that can be done by throwing enough money at it. Self-isolation and protective personal equipment (facemasks, goggles, etc.) and routine hand washing may be boring but they work.

Scammers are plentiful and hard to prosecute because they quickly vanish after taking your money. The only real way to protect yourself is not to play their game.

The Strange Reality of the Pandemic

The proper response to COVID-19 is not panic. As long as certain essential services are maintained, it has been shown that most people can go for months without societal collapse and rioting. COVID-19 has exposed the reality of who are actually the most essential people in this modern digitalized world of ours. It goes:

  • Nurses and Doctors
  • Police and Military/Security
  • Truck Drivers/Mail and Delivery workers
  • Market Retail workers
  • Food Processing/Factory workers
  • Media/Information Technology workers
  • Scientists and Researchers
  • Politicians

Let us discuss this weirdness in order.

  • Nurses and doctors obviously are needed in times of pandemic. They are in fact heroes of this age, due to the extreme health risk they experience, the high stress and long hours they must work, and then the ingratitude, harassment, and being thrown out of their homes they suffer from others who don’t want to catch the virus from being around people who are working hard to save lives.
  • Someone has to enforce quarantine and keep public order from collapsing. Police workers and volunteer community guards are also under great health risk, while it’s vital for national security that particularly dumb criminal and insurgent elements don’t take advantage of this weakness to pull terrible shite. One surprising consequence for this pandemic has been the global cease of warlike behavior as people hunker down against the common enemy to all humanity.
  • Without logistics and being able to move goods and supplies around to where it is needed, society just stops. Period. Transport needs to move, and packages need to be delivered. As long as people can buy online, they won’t miss being able to shop and the sense of normalcy is maintained.
  • People need their groceries and this is the one unavoidable reason for people to leave quarantine. These workers are second to nurses and doctors in the risk of contracting COVID-19 and unintentionally passing it on. And they are already getting killed for politely asking people to obey simple mask orders.
  • Even the MI5 says that “Britain is four meals away from anarcy.” Neil Gaiman and Sir Terry Pratchett notes that “It has been said that civilization is twenty-four hours and two meals away from barbarism.” The nugget of truth is that as long as people can eat well and feel confident there will be more there is no reason to start to get desperate and start hoarding, which would create the situation they are hoping to avoid.

Factory workers are the unsung heroes keeping food prices level and ensuring that society keeps plugging on. They too suffer higher COVID-19 risks – one person infected in the plant can force a total shutdown. Without them, it is a ticking time bomb before things start being on fire.

  • Access to the internet and critical information is what allows people to stay sane, still shop and receive goods, and keep social contact while maintaining social distance. Without this, people will feel confined and forced to go out in search of something else to keep from going crazy with cabin fever and the tempers of their family.

Banking and online financial services could also be placed under this category as quick access to funding and the information exchange is critical to the peaceful continuation of the economy during a global crisis.

  • Figuring out COVID-19 and progress on the vaccine and the end to this nightmare can only happen if we allow our clever boffins to do their work without interruption.
  • And surprisingly, all over the world, it is being proven that as much as you may hate your politicians and feel that they are dishonest and self-serving – there is a vast difference between having at least a nominally competent leader and someone that is actively sabotaging their own nation’s attempts at staying alive.

Politicians should at least be hoped to do no extra harm.

The political and societal impact of the 2020 pandemic is also going to take decades to fully comprehend. This is one of the world’s watershed moments.

If you have a job during this period, the best thing to do is to stay safe and try not to increase the risk for others. If you are unable to work, read up on financial amelioration measures from legitimate sources. If you own a small business, it may be difficult right now to obtain loans and you may have to reach out to others in a similar situation to collectively present the urgency of your needs to banks and the local government.

For advice and help contact Employment Solicitors

redundant business woman

Enhanced Redundancy Protections 2020

Will you be removed from your job for redundancy in 2020? It’s an ever-more pressing fear in the looming environment of economic uncertainty, but as an employee you too have rights and options. There are some new legislation coming that may help to address some of these issues.

Defining Redundancy

Before you can appraise if you have a valid reason to claim or contest redundancy, first we must define what redundancy is. According to the Employment Rights Act 1996, an employee has been dismissed for redundancy if the reason is that:

  • the employer ceases to carry on the business in which the employee was employed;
  • the employer ceases to carry on that business in the place where the employee was employed;
  • the needs of the business for employees to carry out work of a particular kind cease or diminish; or
  • the needs of the business for employees to carry out work of a particular kind in the place where the employee was employed cease or diminish.

Note how this means a need for the same amount workers to do a particular job has diminished, not that the need to perform a job has diminished. If a task can be done with fewer employees, or if a company must move or restructure, then that is a valid case for redundancy. If there simply is less incoming work for employees to do, that is not redundancy. If you are doing a job and then they get someone new to fill that job, that is not redundancy! Redundancy happens when the job you are supposed to be doing no longer exists.

It is illegal in the UK to use redundancy as a reason for a dismissal when there no legitimate issues with employee performance.

Redundancy is often used as a convenient excuse for firing employees for reasons less sensitive to voice. It may be a matter of job performance, friction in the workplace, business income failing to support the number of employees, or some form of discrimination. If you get a notice that you may be let go for reasons of redundancy, it may be prudent to look behind that for the real reason.

There are upcoming laws in 2020 that make the excuse of redundancy easier to challenge. It is also sometimes advantageous for an employee to claim redundancy, since there are enhanced redundancy pay arrangements for long-serving employees. Get all that you are entitled to in a dismissal.

 

woring beyond Retirement Age

Working Beyond Retirement Age

The UK does not have a default retirement age anymore, and employers may no longer force employees to retire. Now, a company may have its own retirement cut-off age policy, but all dismissals must come from a justifiable basis instead of simply entitled discrimination, age-related or otherwise.

In a recent judgment of Ewart v The Chancellor, Master and Scholars of the University of Oxford, the Employer Justified Retirement Age policy was meant to provide a proportionate means of creating opportunities of employment for younger and more diverse staff. However, the statistical evidence provided by the claimant proved that the policy only created a small number of vacancies. It was decided by the tribunal that the University did not show sufficiently that the policy contributed to the achievement of its legitimate aims to an extent that it can justify the discriminatory effect.

State pension age in the UK is increasing, and age discrimination is something that concerns many employees who are at approaching an age where finding a new job is quite unlikely if dismissed.

 

Maternity Leave

Pregnancy and Maternity Leave Protection

Many employers don’t like paying out for maternity leave because it is a long period of time of reduced productivity, and there is an urgent need to find someone else to perform the job that the pregnant employee must leave behind. Then once the new normal has settled in, is there a need anymore for the previous employee? This is why women need stronger maternity protections as the mere mention of ‘pregnancy’ sends alarm bells ringing for employers.

According to a government report, one in nine women had been fired or made redundant when returning to work after having a child, or were forced out from unfair treatment. Research estimated that up to 54,000 women a year felt they had to leave their jobs due to maternity discrimination.

Maternity discrimination is of course illegal, and those on maternity leave have special protections in a redundancy situation. Under the Good Work Plan of 2020, there will be expanded redundancy protections – six months after return to work, and up to two years in total for the maternity period.

According to Regulation 10 of the Maternity and Parental Leave Regulations 1999, if your job is at risk of redundancy but you need to be present for interviews – if for health reasons you cannot be present, you do not have to attend interviews. Regulation 10 says that you should be given first refusal over suitable alternative jobs that are not substantially less favorable than your original job, over other employees being made redundant.

Sefton Borough Council v Wainwright EAT 2014 notes that a woman on maternity leave should be considered alongside other employees when assigning employees into other posts.

Men also have protections under Shared Parental Leave in the first year after birth or adoption to be immediately offered suitable alternative employment.

Dismissal Comes before Redundancy Trial Periods

The case of East London NHS Foundation Trust v O’Connor has Mr. O’Connor working as a Psycho-Social Intervention (PSI) worker for an NHS trust. In March 2017 he was informed that the role was being deleted under restructuring on 3rd of July 2017 and he was offered an alternative role of Care Co-ordinator. He began a trial of the role on that date.

O’Connor raised a grievance that the role was not a suitable alternative and the trust agreed to extend the trial period until this was resolved. In Nov 2017 his appeal was rejected and he declined the offer of the Care Coordinator role again. He was dismissed on Dec 2017, and the trust refused to make statutory redundancy payments on the grounds that it believed that the alternative employment had been unreasonably refused.

A tribunal decided that O’Connor had not actually been dismissed until December, and as such the trial period was not in actuality a statutory trial period.

If you are given notice that your role is being deleted, there is no rule of law that the notice of deletion was inevitably amount to a dismissal. Employment solicitors have noted that an employer must also carefully follow procedures in removing employees for redundancy instead of assuming things.

What if the Whole Company Goes Bust?

How will you get redundancy payments when your employer or company turned insolvent and now completely unable to pay your wages? Then you can claim it from the Redundancy Payments Office and the National Insurance Fund.

The Redundancy Payments Service was started to allow employees to receive their Statutory Redundancy Pay in a much more timely manner than having to wait for their employer’s assets to be liquidated.

You may claim your:

  • redundancy pay
  • holiday pay
  • unpaid wages/overtime
  • statutory notice pay

You may apply online at https://www.gov.uk/claim-redundancy.

employment law

It’s no surprise that Brexit is leaving most employers and employees in a legal limbo. For all that many may be expecting the post-Brexit environment to be weighed towards employees, of the moment uncertainty only depresses worker’s rights and forces them to cling to whatever signs of stability in employment they can find.

Brexit fears have exposed how a record number of UK Employees are drastically underpaid, with almost 440 thousand people paid below minimum wage, and over 6 million people earn below the ‘real living wage’ of £9/hour or £10.55/hour required to keep their heads above water. The report by the Low Pay Commission found that a higher proportion of women were underpaid and the youngest and oldest were the more affected than other age groups.

This is not new, as the annual list of underpaying companies released by the Department for Business, Energy & Industrial Strategy shows. However the fears of a contracting economy presents a hindrance for small business owners to adjust their pay scales. In order to pay everyone, both employers and employees fear that someone needs to be let go.

Coming to Work Sick Just to Keep Present

Among the most desperate of actions by employees in order to appear valuable is to come to work even when unwell. Already over 70% of UK workers choose to still go to work when they feel ill, a study found. This is presenteeism, and coming to work even when ill has several possible reasons behind it. The fear of staying off work for days may be interpreted as lacking commitment is one, similar to company peer pressure and the high demands of a competitive culture workplace. Other reasons cited are a lack of adequate sick pay and experienced financial difficulties that stress employees to show up to work even when feeling ill.

In a time when there is a labor shortage and other employees are working for more hours for less pay, absenteeism is stigmatized. Many employees reported they already work 68 days more per year than they need to, without overtime pay, as they are required by their bosses to sign a waiver in their employment contract.

The risks of presenteeism however, are many. Apart from worsening the employees health, there is also the danger of infecting more people in the workplace and impacting productivity. For non-infectious long-term ailments, it can worsen to the point of a disability.

The greatest irony is that when someone goes to work when mildly under the weather, others also feel pressured to imitate them in order to demonstrate passion and commitment for their jobs. There is also how high workload and job insecurity itself may require time away from work before developing into illness, but workers feel wary about the consequences of staying away from work until they are eventually forced to do so by burnout or stress-related ailments.

The stigma comes from “older generations that never accepted that someone can be truly be working productively at home”, said George Boué, a vice president of Human Resources at Stiles Corporation. There is a deep suspicion that workers cannot keep on task when they are not under the eye.

Jobs that were once formal fulltime work have become uncertain and transitory in a more gig-based economy. Now employees can be temporary, seasonal, part-time, by agency, freelance, platform-based, outsourced, subcontracted, marginal, etc., and both managers and employees seek some form of stability.

Mike Marsen of the health services company Allies for Health + Wellbeing and a member of the Society for Human Resources Management’s HR discipline expertise panel says there are two types of managers. “The first believes that employees are inherently not willing to work and thus need a lot of rules. These managers will be predisposed to think the worst of any employee, especially when illness is brought up as an excuse for being out of the office.

“The other kind of manager will try to set reasonable standards and trust employees to be adults. The onus is on managers themselves to create a culture where employees feel empowered to take time off, he says. The best way is through leading by example.”

The Holiday Campaign, the Four-Day Work Week and Other Experiments

With the predicted labor crunch after Brexit hits, the government is pulling out all stops to present the UK as still an attractive place for skilled and reliable workers.

It is estimated that in the UK, 1.8 million people are not receiving the holiday pay they are entitled to, and so recently the government launched the “It Comes With the Job” advertising campaign to make employees more aware of their rights as part of the 2017 Industrial Strategy.

Another experiment is the Four-Day Work Week, endorsed by many employers and employees. A recent Oxford study suggested that working four days could improve productivity, leading to a healthier workforce, reduction in sickness absences and better work-life balance. However, it has also its criticisms in that reduced work hours negatively impact those who do need those paid hours. In some sense it is necessary to combat work fatigue, as many in the UK find themselves actually working seven days in the week just to keep ends met. Critics of the theory point to France which implemented a 35-hour work week and the reduction to four working days reduced rather than increased overall employment for those affected by the law.

With the TOEIC scandal having deported over 1000 students and locked away in limbo almost 30,000 other student and work visas, the Home Office finds itself under fire for broad brush responses that drive away thousands of skilled workers and students and leaving them no way to appeal and clear their name.

Many Sick Leave and Time Off Protection Laws are Actually Derived from EU Legislation

The Working Time Regulations 1998 and The Working Time (Amendment) Regulations 2007 implement the EC Working Time Directive which guarantee workers the right for fair working conditions as set out in Principle 10 of the EU Pillar of Social Rights and Article 31 of the Charter of Fundamental Rights of the European Union. These laws provide the limit to weekly working hours, a rest break and minimum daily rest period, the mount of paid annual leave, holiday pay, and maternity and parental leave.

International standards also serve other legislations in place to prevent and remedy discrimination and harassment based on many factors, and whistleblower protection, such as the Equality Act 2010. TUPE regulations smooth the transfer of employees between companies. These protections for workers are to universalize the free movement of people, goods, services, and capital between member states.

Other employment law rights, such as the protection from unfair dismissal and the rights when engaging in strikes, derive solely from UK regulations. When the UK finally leaves the EU, certain laws derived from EU regulations might need to be changed.

Theresa May pledged to “embed the strongest possible protections” for worker rights and entitlements in replacement for scrapped EU laws but Labor and unions remain unconvinced. Even if the parliament did pass equivalent laws to EU standards, they would still lose out on key features like rights having primacy over local laws and the effective enforcement of remedies.

Unions and employment solicitors are concerned that after Brexit, workers will lose access to EU courts that have largely proven to give more sympathetic interpretations of the law to their concerns rather than corporate interests. The UK has a record of resistance to the pro-worker legislation developed by the EU. Labor simply does not trust that the PM’s offer even approaches the need to give precarious workers the full protection they used to enjoy under EU employment law.

Both workers and employers need to keep well-informed and motivated to fight for their rights in order to avoid chaos in their workplace as Brexit finally hits. Delays only keep heightening the uncertainty, even if the worst should hit would be relief, as now they have a stability of a sort to finally get around to fixing it.