As the COVID-19 pandemic escalates, so do problems for employers. The outbreak raises issues of employment law, health and safety, immigration law and data protection. 

Devereux members have been exploring COVID-19 employment law issues in the blog posts below:

Guidance on the Coronavirus Job Retention Scheme: What is its legal effect? 2nd June 2020

Sam Way explores the legal effect of the government’s guidance on the Coronavirus Job Retention Scheme (CJRS) in the latest Practical Law Employment and Discrimination Blog post.

You can read the full blog here.

Returning to work - a right to refuse? 13th May 2020

Whilst some people have remained at work during the period of full “lockdown”, we have now reached the point where the Government is actively encouraging those who “cannot work from home” to return to work.

Matthew Sellwood and Anna Greenley examine part of the current legal framework that provides protection for employees in relation to health and safety at work, and how this might be applied in the coming weeks and months as more individuals are asked to return to work in conditions of potential risk.

You can read the full blog post here.

Limiting liability for wages during furlough - 21st April 2020

Sam Way explores the first case addressing the Coronavirus Job Retention Scheme, in which the High Court reviewed whether contracts of employment had been successfully varied to limit an employer’s liability to pay wages to only that which the company could recover under the Coronavirus Job Retention Scheme.

You can read the full blog post here.

Whistleblowing Beyond your Employer: Coronavirus and the NHS - 16th April 2020

In their second whistleblowing blog, Alice Mayhew, Samuel Nicholls and John Platts-Mills examine COVID-19 whistleblowing issues in an NHS context.

The issues facing the NHS have captured significant media and public attention. While the main theme of media coverage has been the “challenges” surrounding the supply of PPE to NHS frontline workers, there have also been reports of staff being “gagged” from speaking out about equipment shortages and working conditions.

You can read the full blog post here.

Whistleblowing in a coronavirus (COVID-19) world - 9th April 2020

Whistleblowers are emerging as an important and high-profile part of society’s response to and management of coronavirus (COVID-19). They have already helped expose and test the way that government institutions and businesses have responded to the crisis. Alice Mayhew, Samuel Nicholls and John Platts-Mills identify some of the issues that have already been raised in a corporate context and which might start to be articulated as claims under the whistleblower legislation; before addressing some considerations for employers and employees as these claims take shape.

You can read the full blog post here.

Managing ET and EAT litigation during the pandemic - 27th March 2020

The COVID-19 pandemic has forced the Employment Tribunal and Employment Appeal Tribunal to make significant changes to the management of hearings. Marianne Tutin summarises the recent guidance and suggests steps that could be taken to manage cases as effectively as possible in these difficult circumstances. 

You can read the full blog post here.

Retention of staff during the COVID-19 outbreak - 17th March 2020

Alice Carse and Anna Greenley explore the options available to large and small employers alike. Retaining a productive and committed workforce is key to effective business continuity. Alice and Anna outline practical options which employers and employees can take, often working together, to tackle such problems with the aims of safeguarding jobs and maintaining a fit and capable workforce.

You can read the full blog post here.

Coronavirus (COVID-19): key employment law issues - 12th March 2020

Peter Edwards separates the fact from fiction in the latest Practical Law employment blog. He explores issues surrounding entitlement to sick pay, compulsory holiday, business travel, refusals to self isolate, data protection, and oversees workers.

You can read the full blog here.