{"id":125813,"date":"2020-05-07T08:41:29","date_gmt":"2020-05-07T08:41:29","guid":{"rendered":"http:\/\/dominiclevent.com\/blog\/?p=125813"},"modified":"2020-05-09T14:39:14","modified_gmt":"2020-05-09T14:39:14","slug":"lawyers-warn-employers-could-face-legal-claims-after-lockdown-eases","status":"publish","type":"post","link":"https:\/\/dominiclevent.com\/blog\/lawyers-warn-employers-could-face-legal-claims-after-lockdown-eases\/","title":{"rendered":"Lawyers warn employers could face legal claims after lockdown eases"},"content":{"rendered":"


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Lawyers and trade unions say UK employers could face a barrage of legal action from employees over inadequate measures to protect them from the spread of Covid-19 when lockdown eases.<\/p>\n

Alok Sharma, business secretary, will this weekend produce<\/a> \u201cworkplace by workplace\u201d guidance on how companies can safely reopen to workers, requiring a myriad of different approaches across industry.\u00a0<\/p>\n

Lawyers say companies already under strain from the fallout of the pandemic could be hit with a raft of employment claims ranging from constructive dismissal to negligence if they do not stick to guidance or workers feel unsafe.\u00a0<\/p>\n

Employers could face constructive dismissal claims if they breach the \u201ctrust and confidence\u201d they owe workers under UK employment law \u2014 for example by failing to provide an adequate safe place to work.\u00a0<\/p>\n

\u201cIf employees can say they\u2019re being compelled to work in an environment that\u2019s considered unsafe and doesn\u2019t meet the [standards of] the new normal you could see employees treating themselves as discharged,\u201d said Joanna Blackburn, employment partner at Mishcon de Reya. \u201cThe ramifications can be very wide.\u201d<\/p>\n

One senior union official said he was expecting a wave of legal actions where rogue employers failed to maintain appropriate workplaces while coronavirus remains a threat.\u00a0<\/p>\n

\u201cTechnically it remains the case that all employers should have to provide a risk assessment, and if circumstances change that risk assessment needs to be updated to reflect the changed circumstances,\u201d he said.\u00a0<\/p>\n

Workers who catch coronavirus after returning to work could bring negligence cases against their employer on the grounds of health and safety \u2014 though they are unlikely to be able to prove they caught the virus in the workplace.\u00a0<\/p>\n

\u201cIf an employer has been negligent in their approach towards employee health and safety then yes there can be liability but\u2009.\u2009.\u2009.\u2009it is a complex issue of causation,\u201d said Ms Blackburn.\u00a0<\/p>\n

Workers can also avoid being dismissed for refusing to work if they reasonably believe they are in \u201cserious and imminent danger\u201d. Lawyers say that even if claims are not mounted against them, employers will face difficult legal questions about how to handle workers who remain home.<\/p>\n

\u201cI\u2019m not sure the risk of constructive dismissal is high because people are unlikely to want to take themselves out of a job right now,\u201d said Sarah Henchoz, a partner at Allen & Overy. \u201cBut it\u2019s likely that employees will say they are not well enough to come back for a variety of reasons.\u201d<\/p>\n

Julia Wilson, employment partner at Baker McKenzie, said employees refusing to return was \u201ca knotty legal problem. Who wants to discipline someone in these circumstances?\u201d<\/p>\n

Companies could also find themselves on the hook for failing to provide adequate PPE to workers. <\/p>\n