As more and more staff return to work as lockdown eases, employers need to understand how to deal with health and safety related employment law issues.
The pandemic has meant a raft of new H&S procedures have been implemented by employers.
Handled incorrectly, this area can lead to costly claims if employers do not approach this in the correct way.
Joan Pettingill, director and head of employment law and HR services at Wake Smith Solicitors, encourages employers to talk to workers and provide information and consult and involve people in the steps you're taking to manage the risk of coronavirus in your workplace.
She said: “Employers must explain the changes you're planning to work safely, make sure changes will work, and hear their ideas, and continue to operate your business safely.”
Case law example
A recent case law example under the Employment Rights Act 1996, showed how an employee charged with implementing a new health and safety activity caused friction with other employees about his overcautious approach.
He was subsequently dismissed for the upset he had caused while working on the project. His appeal with the EAT was upheld as the employee was considered to be carrying out health and safety activities at the employer’s request and that such activities will often be resisted, or regarded as unwelcome, by colleagues.
They stated only if the employee’s conduct was, for example, wholly unreasonable, malicious or irrelevant to the task in hand, could protection potentially be lost, which they agreed it wasn’t.
They claimed in ‘diligently carrying out his duties’ he had caused relations to sour, coupled with a perception that he was being ‘over zealous’.
This is where employers need to exercise caution. Depending on the facts, carrying out health and safety activities in this way can still be protected by law. The employee’s conduct was not properly separable from the carrying out of health and safety activities. The EAT therefore substituted a finding that the dismissal was for an automatically unfair health and safety related reason rather than because of the employee’s conduct. It remitted the matter to the tribunal to consider what the appropriate remedy should be.
Improve your employment law knowledge
Wake Smith runs interactive training days for employers suitable for all people managers on how to handle sensitive employment law issues. The day is an introduction to human resources and employment law, with the next one taking place on 24 September, 2021.
The training is delivered as a workshop with practical scenarios played out for delegates to gain an appreciation of the HR function and to grow confidence at spotting issues, and dealing with them, before they become costly problems.
Training includes:
- Unfair dismissal
- Constructive dismissal
- Wrongful dismissal
- Performance management
- Misconduct
- Types of protected characteristics
- Types of discrimination
- Disability discrimination
- Preparing for an employment tribunal
Lunch and refreshments throughout the day are included. For further information, costs and to book a place click here:
Management training day 1 – HR & Employment Law | Events (wake-smith.co.uk)
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For further advice on any employment law and HR matters, including expertise in defending employment tribunal claims, contact Joan Pettingill at Wake Smith Solicitors on 0114 266 6660.
