SOS EMPLOYMENT and CORONAVIRUS
At Winrow Solicitors we know that as an employer, you are more vulnerable than you realise especially if, during this difficult time you may have to part with one or more employees in order to protect other employees or to protect your business.
We are here to help you minimise the risk of a claim being made against your organisation for unfair dismissal, constructive unfair dismissal or discrimination. At Winrow Solicitors we believe we have most if not all the solutions you will need to think about before dismissing an employee or asking them to take a pay cut for the duration of the coronavirus or laying staff off for a period of time.
There are three main things you need to be aware of:
First, you need to consider the possibility that if you dismiss someone, they might be able to bring an unfair dismissal claim against you. Not all employees can do that, and we can advise you as to how to minimise that risk. One area of difficulty is if your employee is currently self-isolating because they are worried they might be infected with the coronavirus. The question may arise as to what you would need to do if, for reasons of company survival you need to dismiss this person. Winrow Solicitors can help you to work out a solution that minimises your exposure to risk of an employment tribunal claim against you.
Second, you need to consider whether an employee that you are thinking about dismissing has or might have an underlying or long-term medical condition. The danger here is that that employee might want to bring a discrimination claim against you if you dismiss them. Again, this is a problem area which we at Winrow Solicitors have a lot of experience with. We understand the complexities and we have a number of possible solutions which we can develop with you.
The third thing you might be thinking about is whether to ask staff members to take a pay cut, and what the legal implications of that might be. This type of decision involves contract implications, as well as other employment law questions. Cutting staff pay for the duration of the virus is not a step to take lightly because of the possible legal consequences to you as an employer but, again, Winrow Solicitors have experience working with this kind of problem.
So, although all three of these areas I have just mentioned might present problems for your business or organisation, there are solutions to such problems. At Winrow Solicitors we can advise on employment contract issues, methods of redundancy, and the types of protection the law would offer to your organisation, given the nature of the present crisis.
This list is not exhaustive - there are many different ways in which your firm could be at risk of claims during a crisis such as the present one: whatever your employment problem we believe we have the experience and knowledge to help you deal with it successfully.
Winrow Solicitors, active in North and Mid Wales. Contact us today.