Landau Law is quoted in the Metro Newspaper today
Landau Law was quoted in the Metro newspaper today on the employment law issues surrounding employers forcing their staff to go back to the office after “freedom day” on 19th July.
Here are the quotes:
Philip Landau, employment lawyer at Landau Law explained to Metro.co.uk: ‘If you consider you have been unfairly treated, dismissed or you choose to resign as a result of raising health and safety issues, then you may have a legal claim against your employer.
‘Whether such claim was successful will depend on whether your concerns and beliefs were reasonable and justified.’
However, Mr Landau added: ‘Whether such claim was successful will depend on whether your concerns and beliefs were reasonable and justified.’
For people who are hesitant against returning to work because they are immunocompromised, Mr Landau says: ‘An employer would almost certainly have to consider what reasonable adjustments should be made if someone has a disability or medical condition which puts them at greater risk of catching Covid by returning to the workplace.
‘A failure to do so may give rise to a discrimination claim where the damages are uncapped.’
He went on to explain that working from home may be labeled as a ‘reasonable adjustment’.
For those who have not yet had the opportunity to get their second dose, for example, those who are under the age of 25, Mr Landau explains that negotiating to work from home may be a little trickier.
He explained: ‘For the under 25s who may not yet have had their second dose of vaccines by July 19, again it will boil down to whether they are acting reasonably if they have a general health fear of going back to work without any underlying medical reason.
‘If all reasonable health and safety steps have been by an employer, it will ultimately be difficult for young persons to stand their ground, although it is possible an age discrimination argument could be made.
‘This would be on the basis that younger people have been put at a disadvantage because of a policy requiring all workers to return.
‘It is too early, however, for any such cases to have been tested in the employment tribunal.’