April 29, 2021
The Claimant in Rodgers v Leeds Laser Cutting informed his employer in March 2020 that he would not be returning to work until the lockdown eased as he was concerned about passing on the infection to his family, including a young child with sickle cell disease. He was later dismissed.
His unfair dismissal claim was brought under employment legislation which says that an employee who stays away from the workplace because they believe there are “circumstances of serious and imminent danger” must not be dismissed or punished as a result.
The Employment Tribunal found that general concerns about Covid-19 did not qualify as “serious and imminent danger” in this case, particularly as the employer had already put safety measures in place to protect against the disease. The Tribunal commented that workers cannot rely on the health and safety legislation to refuse to work in any circumstances simply by virtue of the pandemic itself.
This is likely to be a welcome decision for employers dealing with disputes with staff over whether they were required to attend work during the pandemic. However, the Judgment does not yet set a precedent which other Employment Tribunals are bound to follow and each case must be decided on its own facts.
A key fact will be whether employers have taken reasonable steps to protect against the danger of Covid-19 in the workplace. This will continue to be the case as more employers begin to ask staff to return to work in the coming months.
We would therefore recommend that employers:
Carry out a Covid-19 risk assessment in relation to the workplace, as this is required by law, and record it in writing;
Implement adequate health and safety measures which reflect the current Government guidance and any particular risks identified by your risk assessment;
Update these measures as appropriate and make reasonable attempts to lower the risk of infection; and
Ensure all employees are aware of the safety measures in place, and consult with them on your risk assessment and any concerns they may have.
I have worked with Darwin Gray for a number of years and the level of service, professionalism and timely response is second to none. I would highly recommend Darwin Gray to any business.”
Darwin Gray have provided us with a first-class service for many years now. They really take the time to understand our business and develop relationships which results in advice and support that is contextualised and effective.”
We have worked with Darwin Gray for several years and have always found their services and advice to be first class.”
An extremely professional and sincere company who make time for your queries and understand the need to break down certain facts and information to ensure everything is understood perfectly. I would highly recommend the company to anyone looking for any type of legal advice”
PSS has worked with Darwin Gray for many years. We have always received an excellent service. Prompt and professional advice and support.”
We have used several departments within DG recently and we have been very pleased with an effective, efficient and down to earth service. Very happy thus far and I expect that we will continue to use DG.”
Darwin Gray offer us truly superb services. Very professional, quick and services available bilingually which is very important to us, highly recommend.”
My “go to” in urgent and time sensitive cases for direction, support and advice. The team are quick to respond to calls or emails for advice and support on all matters. Always explain complex matters in a way a lay person can easily understand.”
