Our professional guide to being dismissed during the pandemic
Being dismissed is bad enough anytime, and potentially even worse during the pandemic.
However, if your employer doesn’t have a justifiable reason for dismissing you, or they haven’t followed the proper process, you may be able to make a claim against them and win compensation.
Here are some of the scenarios that might be arising about now. Do any of these apply to you?
You refused to return to work after being on furlough
Did your employer make every effort to make the workplace safe by complying with government guidance about social distancing, PPE and hand-washing? If yes, refusing to return could count as unauthorised absence and mean your employer has the right to go through the official disciplinary process and dismiss you. However, if they don’t follow the proper process when doing so, you can still make a claim against them.
Did your employer fail to do what they can to make the workplace safe? If yes, you might argue there is a “serious and imminent danger” in the workplace and refuse to return to work on the basis of health and safety. In that case, you should first raise a formal grievance, ask to stop performing specific tasks, or try to work from home if possible. Your employer should consider your requests seriously. If not, they may be in breach of their duty of care to employees, and you could take action against them.
You have been picked for redundancy after being on furlough
Sadly, many businesses have struggled during the pandemic and redundancies are likely, especially when the furlough scheme eventually ends. Employers still have to follow the proper process when selecting who gets made redundant. If you find yourself at risk of redundancy, we can advise if they have been discriminatory in the selection process, or not handled the redundancy the right way. We can also help negotiate the terms of the settlement agreement your employer offers you (note that settlement agreements are called compromise agreements in Northern Ireland).
You’ve been off sick with Covid-19
You should follow your employer’s usual procedure for sickness absence, but your employer should not discipline or dismiss you for taking sick leave.
What this means to you
Your employer should behave reasonably and fairly. If they don’t, you may be able to make a claim against them.
We’ve been acting for employees since 2013, and helped thousands of people win millions of pounds in compensation. The initial consultation is free. So, if you’ve been dismissed during the pandemic, why not give us a call on 0808 168 7288?
Related reading
- Do I have to work if there is a Covid risk?
- I was sacked after having time off work with Covid-19
- Covid-19 Employment rights Q&A
- I’m at risk of redundancy after being on furlough
- Our expert guide to being dismissed for being off sick
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