Coronavirus Hub

COVID-19: appropriate steps in the face of serious and imminent danger

A tribunal wrongly rejected a claim for automatic unfair dismissal brought by an employee who was dismissed after demanding to be allowed to work from home and be furloughed during the COVID-19 pandemic.

COVID-19: updated ACAS guidance

ACAS has updated its coronavirus guidance for employers and employees.

Redundancy and the duty to consider furlough

An employee made redundant in the early months of the COVID-19 pandemic was unfairly dismissed because her employer hadn’t considered furloughing her as an alternative to redundancy.

Calculation of furlough pay and CJRS

An employee’s furlough pay can be calculated in accordance with the terms agreed upon by the employer and employee through a variation in the employee’s contractual terms. The formula set out in the Treasury Directions governing the Coronavirus Job Retention Scheme (CJRS) was not mandatory for employers to use and did not supersede existing employment law rights and obligations.

COVID-19: dismissal for refusal to return to work

An employee dismissed for leaving work and refusing to return because of COVID-19-related concerns was not automatically unfairly dismissed.

COVID-19: long COVID and disability

An employee with long COVID symptoms was ‘disabled’ for the purposes of the Equality Act 2010.

COVID-19: redundancy, furlough, consultation, and Facebook

A complete lack of any consultation or selection process, allied to notifying staff of redundancies via a Facebook post, led to unfair dismissal.

End of COVID-19 restrictions and the return to the workplace

With almost all COVID-19 restrictions lifted or about to be lifted, we look at how employers should approach the return to the office.

SSP rebate scheme closure

The Statutory Sick Pay Rebate Scheme closes for COVID-19-related absences after 17 March 2022.

COVID-19: dismissal for refusal to be vaccinated

The dismissal of a care home employee for refusing to be vaccinated against COVID-19 was fair.

COVID-19: whistleblowing

The dismissal of an employee was automatically unfair because she had made protected disclosures (whistleblowing) relating to her employer’s lax and inadequate implementation of their own COVID-19 protocols at her workplace during the early part of the pandemic.

COVID-19: raising health and safety concerns

An employee was unfairly dismissed after raising health and safety concerns about working during lockdown.

COVID-19: updated advice for pregnant employees

The Department of Health and Social Care has updated its advice for pregnant employees in light of the COVID-19 pandemic.

COVID-19: philosophical belief

An employee’s fear of catching COVID-19 did not amount to a protected philosophical belief under the Equality Act.

SSP rebate scheme reintroduced

In response to the rapid spread of the Omicron variant and its resulting effect on business, the SSP rebate scheme has been reactivated as of 21 December 2021.

SSP self-certification extension

Employees can now self-certify for SSP purposes for 28 calendar days rather than seven days.

COVID-19: automatic unfair dismissal and refusal to allow homeworking

An employee had not been automatically unfairly dismissed because of her employer’s refusal to allow her to work from home during the pandemic. Her belief that there were circumstances of serious and imminent danger was not objectively reasonable given that her employer had assessed the risks and addressed the need for increased levels of hygiene and social distancing.

COVID-19: redundancy and failure to consider furlough

An employee’s dismissal for redundancy was unfair, in part because the employer hadn’t considered continuing her employment on furlough. If a genuine consultation had taken place which considered furlough and the available project work, she may not have been made redundant.

SSP rebate scheme ends on 30 September

The Coronavirus Statutory Sick Pay (SSP) rebate scheme will end on 30 September 2021.

End of shielding programme

People previously considered to be clinically extremely vulnerable will no longer be advised to follow shielding guidance.

Right to work checks: end of COVID-19 temporary changes

On 5 April 2022 the COVID-19 right-to-work concession allowing employers to carry out right-to-work checks by video call, mobile app or email will end.

Redundancy dismissal and continuing furlough

The dismissal of an employee for redundancy, despite the existence of the furlough scheme, did not make his dismissal unfair.

COVID-19: dismissal of employee stuck abroad

The dismissal of an employee who remained abroad at the start of the pandemic was automatically unfair on health and safety grounds.

Returning to work after 19 July 2021

What are the implications for employers of the lifting of COVID-19 restrictions on 'Freedom Day'?

COVID-19: unfair health and safety-related dismissal

An employee was unfairly dismissed for raising health and safety issues about lack of PPE and other workplace COVID-secure measures.

Coronavirus Job Retention Scheme

We provide some Q&As on various aspects of the Coronavirus Job Retention Scheme which has been extended until the end of September 2021.

Shielding: updated advice for clinically vulnerable

Public Health England has updated its shielding advice for the nearly four million people who’ve been categorised as extremely clinically vulnerable.

COVID-19 testing and data protection

We look at some of the data protection issues around testing employees at work for COVID-19.

Fair dismissal for refusal to wear a face mask

A lorry driver was fairly dismissed for refusing to wear a face mask while on a client’s premises but still in his cab.

Penalties for misuse of Coronavirus Job Retention Scheme

HMRC has published details of process for repaying overclaimed grants and the applicable penalties it will impose on employers who have misused the Coronavirus Job Retention Scheme and claimed to notify HMRC or repay the grant.

Lockdown 3.0 and COVID-related developments

The year began with a third lockdown and a stay-at-home instruction from the government. The following week has seen various COVID-related developments:

Furlough and the Christmas holidays

HMRC has clarified its position on employees being furloughed over the Christmas period.

Furlough guidance on notice updated

Three days after publishing its guidance on the extended Coronavirus Job Retention Scheme (CJRS), HMRC updated it to deal with notice. A Treasury Direction (TD) has also been published.

Interim relief - new guide

A new guide to interim relief has been included in our Knowledge section.

CJRS extended to March 2021

Major changes to employee’s support during COVID-19 have been announced by the Chancellor. The Job Support Scheme has been postponed and the Coronavirus Job Retention Scheme (furlough) is being extended until March 2021.

Shielding is back in all but name

Shielding has been reintroduced for those who are ‘clinically extremely vulnerable’.

Job Support Scheme

It was the intention to have a new scheme - the Job Support Scheme - take over from the Coronavirus Job Retention Scheme when this was originally scheduled to end.

Quarantining on return from holiday: employer options

We consider the options open to employers for dealing with employees who’ve returned from countries not on the travel corridor scheme and who must self-isolate/quarantine for 14 days on return to the UK.

Job Retention Bonus

With the extension of the Coronavirus Job Retention Scheme (CJRS) to March 2021, the Job Retention Bonus (JRB) will not be paid in February 2021.

New legal duty to self-isolate and duties on employers

From 28 September 2020, people in England are required by law to self-isolate if they test positive or are contacted by NHS Test and Trace and employers must not allow them to attend work.

Working safely - update

A legal duty to collect test and trace data, removal of the ‘five steps to working safely’ guidance, and new advice on running testing programmes are among the updates to government guidance for business affected by COVID-19.

SSP and coronavirus

In response to COVID-19, certain changes have been made to the Statutory Sick Pay (SSP) rules.

Self-isolation period increased

Those who have tested positive for COVID-19 or have COVID-19 symptoms must now isolate for at least 10 days.

Redundancy and notice pay for furloughed employees

From 31 July 2020 employers must pay redundancy at the employee’s normal weekly rate (capped at £538 per week) and statutory notice at the employee’s normal rate (uncapped) rather than their furloughed rate.

Plan for Jobs proposals

The Chancellor has outlined a range of measures to help the economy recover from the COVID-19 pandemic.

Shielding employees and return to work

From 1 August 2020, those shielding will be able to return to work.

A third of employers complicit in furlough fraud

A third of employers are fraudulently abusing the Coronavirus Job Retention Scheme.

Furlough deadline of 10 June won't apply to maternity returners

Employees who return from statutory maternity and paternity leave will be eligible for furlough even after the 10 June cut off, provided that they work for an employer who has previously furloughed employees under the scheme.

Emergency volunteering leave - no plans to activate

The government has no plans to activate the statutory provisions which enable workers to take emergency volunteering leave.

COVID-19 and returning to work

We answer some of the most frequently asked questions which are coming up in practice in relation to those who cannot work from home and are being asked to return to the workplace.

Dire predictions on hiring

Hiring intentions have plummeted, planned redundancies have increased and the pay outlook for employees is far from rosy.

Workplace testing for COVID-19

Guidance for employers has been published by the ICO on testing employees for COVID-19 and how they should handle data.

Back to work strategy and 'COVID-19 secure' guidelines

A back to work strategy and guidelines to working safely during COVID-19 have been published.

COVID-19 and collective redundancies - new guide

Coronavirus, administration and the Job Retention Scheme

Administrators can place a company’s employees on furlough and claim for their wages under the Job Retention Scheme.

Right to work checks: temporary changes and COVID-19

Right to Work checks have been temporarily adjusted to make it easier for employers to carry them out during the coronavirus (COVID-19) outbreak.

WTR rules on carrying over annual leave relaxed

Workers who have not taken all their statutory annual leave entitlement due to COVID-19 can now carry it over into the next two leave years. This will allow leave to be taken some time in the following two years but only where the leave was not taken in this current holiday year as a result of the effects of COVID-19 on the worker, the employer or the wider economy.

Coronavirus Act 2020 - employment law aspects

The Coronavirus Act 2020 enables changes to be made to the SSP rules and for employees and workers to take emergency volunteer leave and not suffer detriment for doing so. 

Coronavirus - providing proof of absence from work

People unable to work for more than 7 days because of coronavirus (COVID-19) can obtain an isolation note through a new online service.

Reducing an employee's working hours and/or pay

In light of the current COVID-19 pandemic, we look at what options employers have for reducing employees’ contractual hours.

Dealing with coronavirus/COVID-19: new guide

Coronavirus Hub