My GP has asked me to self-isolate as my father is exhibiting symptoms of coronavirus. He has not yet been tested. Am I entitled to my pay during my period of self-isolation?

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Government guidance provides that from 13 March 2020 an employee who is self-isolating in accordance with the guidance/doctor’s recommendation will be deemed incapable of work and will also be entitled to Statutory Sick Pay (SSP) from Day One (1) as long as the employee satisfies the SSP earnings criteria. The minimum weekly pay to qualify for ss is currently £118 per week. The current SSP weekly rate is £94.50p. You may also be entitled to contractual sick pay from your employer if you have a company sick pay scheme and your employment contract provides for this. This rate is generally higher as it is usually based on an employee’s salary. SSP is payable for up to 28 weeks.

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I am well but do not feel like attending work because I am worried about coronavirus. Can I insist on working from home?

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What is it?

If you are worried about coronavirus but do not fall into any of the groups that self-isolate you should check the latest guidance from the government and talk to your employer. As you may know the guidance provides that if possible all employees should work from home. If you fall within one of the high-risk groups, have an underlying medical condition or are very concerned about the virus your employer may be able to arrange for you to work from home, or take your standard or unpaid annual leave.

If you have any specific concerns eg an underlying medical condition which may amount to a disability under the Equality Act 2010 your employer may be able to arrange for you to work from home as a reasonable adjustment under the Equality Act 2010. If your employer has considered your request and cannot provide you with homeworking facilities or any other suitable alternatives and you decide not to attend work your employer may be entitled to treat your non-attendance at work as a breach of contract and may withhold your pay.

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I am self-employed. A friend has just told me that the Government has now delayed implementation of the new IR35 rules because of the pandemic. Is this true?

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Yes it is true. The new off-payroll working rules (IR35) in the private sector were due to be operational on 6 April 2020. However, in view of the pandemic crisis the Government has moved the start date back 12 months. It is therefore likely to come into effect on 6 April 2021.

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My employer is complaining that the company can no longer afford to pay staff as a result of the pandemic. It is true that business appears to be drying out. If the pandemic continues can my employer fire me?

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Before considering firing an employee as a result of cashflow problems your employer should consider “furloughing” you under the Coronavirus Job Retention Scheme (CJRS) and other available methods of avoiding redundancies.

“Furlough” means a temporary leave of absence from work. The CJRS is a temporary scheme set up by the Government to support employers whose operations have been affected by coronavirus. It allows an employer to keep staff on the company’s payroll without them working for a limited period of time. Under this scheme an employer can claim for 80% of a “furloughed” employee’s usual monthly salary costs (up to£2500 per month) plus the employee’s National Insurance contributions and minimum automatic enrolment employer pension contributions on that salary. The details are set out on the government’s website at www.gov.uk.

Other options available to your employer would be a lay-off, redundancy and a termination of your contract if there is a clause in your contract that provides for termination in such circumstances or if you have under two years of employment. These are different from “furloughing” staff as the employee is no longer on the payroll. A lay-off means that an employee is sent home without normal pay for a time period. However, your consent to a lay-off is required unless there is a specific clause in your contract that allows a lay-off. Making you redundant would result in a termination of your employment with your employer. If your employer decides it has no alternative other than to go ahead with redundancies it should fully consult and maintain records to show why it wants to go ahead with firing you despite the availability of the CJRS.

Your employer must have a valid reason for dismissing you. There are procedures that an employer who wishes to make staff must follow. Firing you in breach of the terms in your contract and of the law would be a breach of contract. Employees may agree to a period of lay off as an alternative to the employer making redundancies, however an employer should obtain specific legal advice if it is considering lay-off.

We would suggest that you speak to your employer about placing you on “furlough”. When the furlough scheme has ended your employer can decide whether there is enough work for you and your fellow employees to return. If the work has diminished or ceased then your employer can decide to implement redundancies in accordance with the redundancy procedures .

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I was taken on to provide temporary maternity cover. My employer has now dismissed me on the ground that the person for whom I provided maternity cover is returning next week.

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The dismissal is fair if your employer made it clear at the start of your placement that the post was temporary.

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I want to issue proceedings against my manager. Can you help me?

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You may be able to make a claim to an employment tribunal if you have a problem at work that you have not been able to resolve. Before you issue proceedings it is a good idea to speak to your employer and discuss options with your employer about how you can resolve matters.

You can speak to your employer informally or put in a formal grievance if informal discussion does not resolve the matter.

You should also Inform ACAS that you are making a claim.

ACAS will offer you the option of 'early conciliation'. This is a free service. It can help you and your employer resolve the problem before you issue a claim.

You should always consider early conciliation as making a claim to a tribunal and fighting your claim can be expensive, time consuming and difficult for everyone involved.

Time limits/Limitation

A claim to an employment tribunal must generally be made within 3 months less 1 day.

This is known as the 'limitation date'.

For example, if you want to make a claim for unfair dismissal, you have 3 months less 1 day from the date of termination of your employment to make your claim.

If your claim is for equal pay or redundancy pay or equal pay you must make your claim within 6 months.

Fees - How much do I have to pay to make a claim to the Employment Tribunal?

You do not have to pay a fee to make a claim to the Employment Tribunal.

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Invitation letter to a disciplinary appeal hearing for misconduct

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What is it? Make sure you do things right when you discipline an employee. Our employment solicitors can provide you with a disciplinary hearing letter/notice to be sent to the employee which sets out in clear and simple terms the disciplinary allegations, process to be followed, the employee's rights and potential sanctions. Why is it important? If you are formally disciplining an employee for misconduct, this letter ensures that you are complying with the unfair dismissal laws. It also meets the requirements of the statutory ACAS Code of Practice on Disciplinary and Grievance Procedures. It is always best practice to give the employee a right to appeal any misconduct decision. The letter should tell the employee they must appeal in writing with their grounds of appeal. If you accept an appeal by the employee, you should respond with a letter inviting the employee to an appeal hearing for misconduct. Risks Non-compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures will be taken into account by an employment tribunal when deciding whether an employee has been treated fairly and can also result in the tribunal increasing the amount of compensation awarded your employee if the case went to court.

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Invitation letter to a Appeal hearing for misconduct

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What is it? The right to appeal against the outcome of disciplinary action is an important element of a fair disciplinary process. Where an employee appeals against a disciplinary sanction, the employer should invite them to a disciplinary appeal hearing. Why is it important? The ACAS Code of Practice on Disciplinary and Grievance Procedures states that the employee should be given the right to appeal against any disciplinary sanction or decision.Our employment solicitors can provide you with an invitation letter to an appeal hearing that helps ensure that your processes are watertight. The invitation should include information about the employee's right to be accompanied at the appeal hearing. Risks Non-compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures will be taken into account by an employment tribunal when deciding whether an employee has been treated fairly and can also result in the tribunal increasing the amount of compensation awarded if the case went to court.

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Disciplinary outcome letter for misconduct - warning or no action

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What is it? This is a letter that can be used to inform the employee of the outcome of the disciplinary meeting when the outcome is a warning or that no further action is to be taken by the employer.

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Invitation letter to a performance appeal hearing

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What is it? This is a letter that should be used to invite an employee to a performance appeal hearing.

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Invitation letter to a performance hearing

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Poor performance outcome letter - warning or no action

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What is it? This is a letter that can be used to inform the employee of the outcome of the poor performance meeting when the outcome is a warning or no further action is to be taken.

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Disciplinary procedure

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What is it? A disciplinary procedure is a formal way for an employer to deal with an employee’s unacceptable or improper behaviour (‘misconduct’) or performance (‘capability’). Why is it important? You should put your disciplinary procedure in writing and make it easily available to all staff. IIt should say what performance and behaviour might lead to disciplinary action and what action your employer might take. It should also include the name of someone you can speak to if you do not agree with your employer’s disciplinary decision. Disciplinary steps : Your disciplinary procedure should include the following steps: A letter setting out the issue. A meeting to discuss the issue. A disciplinary decision. A chance to appeal this decision. Risks Before starting a disciplinary procedure against a member of staff , you should first see whether the problem can be resolved in an informal way. This can often be the quickest and easiest solution. If you need help in resolving an employment matter or dispute, please contact our employment solicitors on 01234 938089. We can provide you with advice on a fixed fee basis.

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Suspension Letter

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What is it? This is a letter that can be used to inform the employee that the employee will be suspended pending investigation of the disciplinary allegations.

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Dismissal letter for misconduct

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What is it? This Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal on the grounds of misconduct falling short of Gross Misconduct. Why is it important? To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.

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Dismissal letter for poor performance

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What is it? This Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal for poor performance. Why is it important? To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.

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Gross misconduct dismissal letter

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What is it? This Gross Misconduct Notice of Dismissal Letter should be used to inform the employee of the outcome of the disciplinary meeting when that outcome is dismissal on the ground of gross misconduct. An employee can be dismissed “on the spot” for gross misconduct eg fighting at work. Why is it important? However it is best practice to follow up a gross misconduct “on the spot dismissal” with a letter fully explaining the dismissal and the reasons for the dismissal. Risks To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.

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Dismissal letter for employees without unfair dismissal rights

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What is it? This Dismissal Letter should be used to inform the employee of their dismissal when they have under two years’ service with the employer. Why is it important? It is best practice to put an employee on a performance improvement plan(PIP) first before dismissing them irrespective of their length of service. This letter can be used where an employee is dismissed either with or without having been put on a performance improvement plan. In all cases, the employer should adopt a professional and respectful tone when communicating with the soon-to-be dismissed employee. Risks To comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures the employee should be given the right to appeal against any disciplinary sanction or decision.

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Appeal letter

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What is it? This is a letter from an employee against whom a disciplinary sanction has been imposed appealing against the dismissal. If you need help in resolving an employment matter or dispute, please contact our employment solicitors on 01234 938089. We can provide you with advice on a fixed fee basis.

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Invitation letter to a performance appraisal

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What is it?

An appraisal is a formal process that allows you and a member of staff to assess the staff member’s performance over a period of time eg on a 6 month or 12 month basis. A detailed appraisal has a number of benefits for you and your employees.

Why is it important?

For example, it gives you the opportunity to:

1. review and provide feedback on their performance and set objectives to maximise performance.

2. It also gives the employee the opportunity to comment on their performance, suggest improvements and bring any problems to your attention.

3. It can therefore assist in motivating employees, resolution of problems and the prevention of legal disputes.

Our employment solicitors can provide you with an invitation to attend an appraisal meeting letter tailored to your specific requirements. This letter sets the date for the meeting, who will conduct the meeting and whether the member of staff needs to bring any particular documents or information to the meeting.

Contact our employment law solicitors on 01234 938089.

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