Added: Marquisha Schoenberger - Date: 11.02.2022 23:47 - Views: 14923 - Clicks: 5976
If you are unable to do your job from home, you may ask your employer for annual leave to accommodate your period of self-isolation. If your employer refuses an annual leave request, you may be able to agree a period of unpaid leave instead.
If it is not possible to arrange alternative work that can be completed from home, you should try to accommodate periods of self-isolation by granting annual leave, or unpaid leave if that is not possible. You should consider alternative arrangements like facilitating working from home, or agreeing annual leave or unpaid leave.
Find out more about dismissing staff. An employment tribunal will consider all the relevant facts around a dismissal. However, where an employee reasonably believes that attending work would create a serious and imminent danger to their health, or to the health of the person they live with, a dismissal based on that person failing to attend work might be considered automatically unfair.
Among other things, this removes the condition that you must have worked for your employer for 2 years. Employers who dismiss an employee because they are, or have been, self-isolating, may be liable for unfair or automatically unfair dismissal. This will depend on all the circumstances of the case. For example:. An employee can be dismissed for legitimate reasons not related to self-isolation. There could be other factors which could support a dismissal being considered a fair dismissal. Find out more about dismissal due to illness. Redundancy is a form of dismissal carried out when an employer needs to reduce or restructure their workforce.
An employee can be made redundant during or after a period in which they have been advised to shield. However, the redundancy must be fair. Employers should always consult employees in a redundancy situation. Employers must make sure that the decisions they take in response to COVID do not directly or indirectly discriminate against employees on the grounds of a protected characteristic, for example sex, disability or race. This includes decisions in relation to self-isolation and those who are clinically extremely vulnerable, and the return to work.
Employers also have obligations towards disabled workers and those who are new or expectant mothers. Employees and employers should agree when and how an employee will return to the workplace after a period of self-isolation or being unable to attend work including staying at home as a result of receiving a shielding notification. Employers are encouraged not to disadvantage staff that return to work after self-isolating following public health guidance.
This includes all aspects of fair treatment at work such as reasonable workload, access to training and promotion opportunities. Whether an individual qualifies for protection under employment law depends on a variety of factors, such as their employment status and the specific circumstances of the individual and employer.
Courts and tribunals will make final decisions on employment status as well as whether an employer has acted within the law or not. Find out more about making a claim to a tribunal. Check what you need to do.
To help us improve GOV. It will take only 2 minutes to fill in. Cookies on GOV. UK We use some essential cookies to make this website work. Accept additional cookies Reject additional cookies View cookies. Hide this message. Part of Work and financial support during coronavirus. Guidance If you need to self-isolate or cannot attend work due to coronavirus. Print this. Paid and unpaid leave Employees If you are unable to do your job from home, you may ask your employer for annual leave to accommodate your period of self-isolation. Employers If it is not possible to arrange alternative work that can be completed from home, you should try to accommodate periods of self-isolation by granting annual leave, or unpaid leave if that is not possible.
You can read: guidance for employers on redundancy guidance for employees on redundancy Equality Act Employers Employers must make sure that the decisions they take in response to COVID do not directly or indirectly discriminate against employees on the grounds of a protected characteristic, for example sex, disability or race. For detailed guidance, see: GOV. UK guidance on working safely during COVID Health and Safety Executive guidance on working safely during COVID Equality and Human Rights Commission Guidance for employers More information on employment rights Whether an individual qualifies for protection under employment law depends on a variety of factors, such as their employment status and the specific circumstances of the individual and employer.
Published 31 December Brexit Check what you need to do. Explore the topic Support for businesses and self-employed people during coronavirus Work and financial support during coronavirus. Is this useful? Maybe Yes this is useful No this is not useful. Thank you for your feedback.
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