Employment lawyer Polly O’Malley, Partner national law firm Stone King, confirms that a ‘fear’ of COVID-19 is not a legitimate reason to not return to the workplace, based on a recent Employment Tribunal case. However, she warns that businesses still need to be mindful of their workers’ concerns and take responsibility for health and safety measures, or they still risk potential employment tribunal claims.
Polly O’Malley says: “In a recent case, an employee brought a claim for unlawful discrimination relating to her fear of COVID-19, but the case failed. Whilst some employers may be relieved at this, we expect to see more cases like this and employers must be careful of how they handle the return to the workplace or they may leave themselves open to a claim.
“Health and safety responsibilities need to be taken seriously, such as making hand sanitiser and cleaning equipment available to employees. Risk assessments must be kept up to date, with rearranging office layouts to create space and implementing mask-wearing, even though it is no longer required by government guidance, being ways to make employees more comfortable at the prospect of returning.”
She adds that updating sickness, absence and holiday policies to ensure these reflect current government guidance, as a minimum, is also necessary.
She concludes: “The best way is always to open a dialogue with employees to listen to their concerns and address these where possible.”
Details of the recent Tribunal case can be viewed here
Stone King’s analysis of it can be viewed here
Stone King is at Bateman House 82-88 Hills Road in Cambridge and the firm’s lawyers can be contacted on 0800 111 4336.