January 2021 Employment Law Update
Lockdown III
The Government announced the third national lockdown and the Regulations are now in force. Key points for employers in respect of those Regulations are as follows:
· Most businesses will have to close (or have had to close) and others have seen a dramatic downturn in revenue as a result of the Pandemic. The Chancellor announced that those business in retail, hospitality and leisure sectors may be eligible for a further grant of up to £9,000.00.
· The Furlough Scheme has been extended until 30th April 2021. You can access our blog on CJRS here.
· The government’s National lockdown: Stay at home guidance states that people are not permitted to leave their homes ‘without reasonable excuse’ subject to a list of exemptions. One exemption permits people to leave their homes for work where it is ‘unreasonable for them to do their job from home’. In Scotland there is also a requirement to stay at home and people should only leave their homes for an ‘essential purpose’. The list of exemptions can be found here.
· Given the Regulations it is imperative that employers assess whether their employees need to be in work or whether it is possible for them to work at home. It is important to remember that this is not a matter of preference. It would be advisable on that basis for employer to conduct an assessment of each employee or each job title and record the reasons for them being in work. In some sectors it will be plainly obvious one cannot work from home such as construction, but other areas are ambiguous such as office-based work and the latter would be best advised to follow the above recommendation.
· In addition to the above, we saw the second closure of schools which will undoubtedly have caused chaos for working parents. In those circumstances there are various options open to employer and employee who struggle due to childcare issues. The furlough scheme is one of them and the updated guidance as said that furlough is available to parents who cannot work due to Covid and school closures. Alternatively, an agreement to temporarily change the employee’s hours or days etc to help assist with childcare issues, allow parental leave paid or unpaid (our blog on this can be found here) or alternatively allow parents to take holidays during such time or a mixture of those options.
Clinically Extremely Vulnerable
· The Prime Minister also announced that the clinically extremely vulnerable were advised to stay away from work even if they could not work from home and we saw the return of shielding. Letters are being sent to the clinically extremely vulnerable advising them to begin shielding again. Employees falling within this category may be furloughed (assuming they meet the eligibility criteria) or may be entitled to SSP (again if eligible) and the letter they receive may serve as a FIT note.
· It is again important to remind employers at this stage that the discrimination law and prohibited conduct pursuant to the Equality Act 2010 still apply. You can access our shielding blog here which discusses some of the discrimination claims which may arise in the shielding situations.
Statutory Sick Pay (“SSP”)
· The SSP regulations have been updated following the reduction in the self-isolation period from 14 to ten days for those with symptoms of COVID-19, who have tested positive or who are in a household with someone who has tested positive. The regulations now state that anyone who is symptomatic or who tests positive, as well as their household contacts, will be deemed to be incapable of work and entitled to SSP (if eligible) if they self-isolate for 11 days (this includes the day symptoms start, or the day on which they are tested, and the subsequent ten full days).
We acknowledged that this is an extremely worrying and stressful time for all our readers, and we hope the above assists you. If you would like any further information on the above or any employment law related matters then please do contact us.
