Blog
Thames Water fined for “entirely foreseeable” pollution
Jonathan Grimes
Some will understandably feel they deserve a holiday after lockdown restrictions or working intensely this year, others may wish to travel abroad to see family members.
The key question is whether a requirement that staff do not go abroad for Christmas is a reasonable and lawful instruction the employee should comply with.
This will depend on the circumstances and employers will need to exercise judgment and discretion.
If the employee is intending to travel overseas to visit an ill relative, for example, and has of late been working remotely, it may not be a reasonable instruction to require them to remain in the UK.
On the other hand, if the employee cannot work remotely and would be required to self-isolate on their return to the UK, which has not been factored into their leave request and which would cause the employer considerable disruption, the position may be different.
Each case needs to be considered on its own facts and employers would be well advised to have an indicative policy (to ensure consistency in approach) and open discussion with their employees about such matters, rather than imposing a blanket rule.
There may be a risk that employees with two or more years’ continuous service who feel their employer is giving unreasonable instructions may resign and claim constructive unfair dismissal.
Also, a blanket ban which has a greater adverse effect on a group of employees sharing a particular protected characteristic (a particular gender or nationality, for example) may leave the employer exposed to discrimination claims.
The COVID-19 pandemic continues to present challenges for employers in managing their workforce and the test of what is fair and reasonable is open to interpretation. What is impressive, however, is the continuing flexibility the majority of employers are demonstrating in seeing their way through the COVID-19 challenge.
An article considering similar issues was published in HR Magazine on 1 December 2020.
If you have any questions or concerns regarding the topics covered in this blog, please contact any member of the Employment Law team.
Richard Fox is a partner within the Employment team. Richard acts for corporates, organisations and senior individuals in relation to employment matters of all kinds.
Özlem Mehmet is a Professional Support Lawyer in our Employment Team. Özlem has over ten years’ experience working as a solicitor in private practice specialising in employment law.
We recognise that these unique times are presenting unprecedented challenges for our clients and we are here to support you in any way we can.
Click to viewAlex Torpey covers the key things to look out for if you are relying on the Force Majeure clause.
Watch the video on LinkedInRachel Freeman, Partner in our Family Law team, addresses some issues that we are seeing arise for separated parents in the current crisis.
Read the blogAndrew Solomon speaks about the challenge for tech companies and coworking spaces during the current COVID-19 pandemic.
Listen to the podcastAlun Milford, Partner in our Criminal Litigation team, provides an in-depth look at the legal basis behind the current lockdown.
Read the blogOn Friday 3 April, immigration partner and head of department, Nick Rollason, hosted a webinar looking at urgent issues employers are facing during the COVID-19 crisis and answered some of the key questions being raised.
Watch the webinar recordingOn Thursday 9 April, Andreas White, Partner in our Employment Law Team, delivered an overview of the scheme with a focus of the key legal issues for UK employers.
Watch the webinar recordingWill instructions have apparently risen by 30% since COVID-19 reached our shores. What effect does COVID-19 have on Will signings? James Ward and Diva Shah in our Private Client team blog.
Read the blogCharlotte Bradley, Head of our Family Law Team, reflects on how the COVID-19 crisis has affected working parents like her.
Read the blogCalls for a public inquiry are continuing to mount and are likely to prove difficult to resist. In this blog, Sophie Kemp considers the framework for such inquiries, and the key issues likely to form the core of its terms of reference.
Read the blogWe welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
Jonathan Grimes
Laura Sylvester
Hannah Eales
Skip to content Home About Us Insights Services Contact Accessibility
Share insightLinkedIn Twitter Facebook Email to a friend Print