Tag: Covid-19

Top 10 ways to avoid traffic accidents on your commute

Posted on September 8, 2020 by Hannah Fletcher - Accidents in Public, Blog, Covid-19, Traffic Accidents, Uncategorised

Traffic accidents can happen at any time and in any place. Their unpredictability is what makes them so dangerous. One minute you may be in your car and taking your normal commute to work; the next minute, you are suddenly involved in a car accident. Going back and forth to your workplace can pose a daily threat. After all, when you’re on the road there are plenty of irresponsible drivers who neglect their “duty of care” towards other road users. it may even be caused by a pedestrian darting out into the middle of the street.

As a commuter, you need to make sure that you keep safe no matter what. It may feel tiring to constantly keep going back and forth to a certain building or workplace, but you need to keep yourself aware of the hazards on the road. That’s why this blog is here to help you understand how you can avoid traffic accidents. If you do end up getting hurt then remember, Gowing Law Solicitors can provide you with expert advice and legal counsel when it comes to making a traffic accident claim. Check out our claims page below to learn more:

Covid-19, traffic accidents and your daily commute

Covid-19 has changed the face of work as we know it. Not only has it proven that many people can do their jobs from home, but it has also made employees feel more nervous about going to their office. After all, they do not know who has Covid-19 or may be classified as a vulnerable person. This is why so many people may ultimately refuse to go back to work. If you are an employer, it’s important that you put your employee’s health first. If you don’t then it’s entirely possible that you could end up having a work accident claim on your hands.

Many people are considering whether or not they can sue for Covid-19 related accidents. If they can prove that they specifically caught Covid-19 from your workplace, it is very likely that they could have a successful claim. Take a look below to understand how a claim might work:

If you can work remotely: Do it and avoid traffic accidents!

Although this blog is mainly going to be focused on traffic accidents, we would also like to give a word of advice to employers. It is important during this pandemic, that shops, offices, construction sites and all other kinds of work environments operate under the advice that the government has provided to reduce the spread of Covid-19.

Due to this, UK businesses need to adapt. It is old fashioned to think that your employees always need to come into an office space in order to get tasks completed. Instead, many businesses are opting for a more flexible model. Many are simply asking their employees to work from home permanently. Others are asking their employees to attend virtual meetings or come into the office once a week. It is easy enough to set up a VPN from a laptop to an office monitor to see if your employees are keeping up with their daily schedules.

The pandemic has given businesses the opportunities to explore change and to adapt their business models for the health and well-being of their employees. Do your part to keep them safe as well. In turn, this may mean that there is less of a chance that they get hurt on their daily commute to work.

How could I get hurt on a work commute in traffic accidents?

When you think about work commutes, the different accidents depend on the type of commute you have and the sort of vehicle you are driving. Naturally, if you are simply walking to work as a pedestrian, it is possible that you may suffer from serious injuries as you have no protection from oncoming vehicles. However, other accidents may happen if you commute via:

Public Transport
A car
A Motorbike
Cycling

In special circumstances, you commute may involve you taking a ferry or a plane if you are on a business trip. No matter what type of vehicle you operate, there is still a chance that you could get hurt in various ways. Take a look below to see a few examples of the types of accidents you could suffer from on a commute:

Of course, these are only a few examples of the types of accidents that can happen to you on a commute. No matter what vehicle has struck you, if you have suffered from injuries and damages that were not your fault, you could claim for compensation. All vehicles or users of the road have a “duty of care” towards other drivers or commuters. If they breach this duty of care then they are putting others in danger due to their negligence. This is why you could ask them for compensation from their vehicle insurance.

What sort of injuries could I suffer from when it comes to traffic accidents?

Now you know a few examples of the type of traffic accidents that could happen on your daily commute, it’s important to understand the type of injuries that could happen due to an accident on the road. Some injuries may be worse than others, even to the extent that they are completely life changing. The worse your injuries are, the more likely that you could get a higher amount of compensation. You can still claim for smaller injuries, however you will need to think about whether or not the legal expenses will tally to more than the compensation amount. If they do then the case may not be worth pursuing.

Injuries that could happen whilst you are commuting to work include:

Broken bones, fractures and sprains
Bleeding and internal bleeding
Muscle damage
Spine damage
Loss of hearing and eyesight
Loss of limbs
Brain damage

Keep in mind that there are additional injuries that could happen both to the driver and passenger. Make sure to go to hospital after any type of traffic accident to ensure that you are checked up. You need to ensure that your wounds are not any worse than they appear. This will also serve as evidence when you go to court to claim your compensation.

What could make me eligible for traffic accidents compensation?

One of the main things that you should look through whilst pursuing traffic accident compensation is whether or not you are eligible for a compensation claim. Being eligible for compensation relies on not being at fault for the accident. This means that you did everything possible to make sure an accident did not happen. You acted responsible and it was due to the other driver acting irresponsibly that people got hurt. This may have been due to:

A lack of experience on the road
Distracted driving
Road rage
Driving under the influence of alcohol or drugs
Eating or drinking during driving
Using a mobile device whilst driving

Are you not at fault for your damages? Well, you could claim thousands in compensation depending on your injuries.

How can I stay safe on my commute to avoid accidents?

Now we move onto the main topic of our discussion: How you can keep safe if you go on your commute to work. Sometimes you will get injured and things will be out of your control. Instead, you need to figure out how to get the help you need to make sure your wounds don’t get any worse. The more precautions you take, the less likely it will be that you will be hurt. Here are our top tips to ensure that you can keep safe on any type of vehicle or if you decide to make your commute by foot.

1. Plan your route

Before you set off, make sure to plan out your route to your office. This should help you avoid any heavy traffic, crowded areas or places that you could be exposed to Covid-19 or any other hazards. You may also want to plan out the type of transport you use. For instance, if your office is close by then you should consider walking or going to work by bike.

2. Use a dash-cam

One of the best things you can do to collect evidence of any accident, or to document the behaviour of other drivers on the road, is to purchase a dash-cam. A dash-cam can be easily attached to the interior roof of your vehicle or the front window screen. The dash-cam can also be used to show the manoeuvres you took while trying to prevent an accident on your commute. This can prove you were not a negligent driver. Instead, the recorded footage can show that you were trying to stop traffic accidents from happening.

3. Avoid crowded areas that usually have traffic jams

Another way that you can avoid getting into an accident is by avoiding traffic jams and crowded roads. Before and after work can be a bit fraught as there will be people who want to get home. Therefore, people may be impatient and try to get through the crowds of vehicles as fast as possible. To avoid accidents, try thinking of alternative routes that can get you to your home without encountering much traffic. It may take a little longer but you will be able to keep safe as you get home.

4. Be patient with other drivers

Road rage is a key cause behind huge numbers of traffic accidents. Everyone has places to be and things to do, but some can be more impatient than others to get those done. This may mean that they shout at other vehicle drivers or try to start a fight. If you see this happening on the road, try your best to keep your distance. They may try to drive erratically ahead of you and you should let them. You, on the other hand, can be patient and keep calm on the road.

5. Keep aware of pedestrians

You never know when they are going run out into the middle of the road. Keep aware of all pedestrians, especially those who appear at zebra crossings. Some may simply run out despite there being cars. They may also dart out in areas where there isn’t a crossing. Keep in mind that some pedestrians may also be quite violent or rude towards car users. You may want to try using quieter roads to try and avoid traffic accidents with pedestrians.

6. Do not drive if you are overly tired.

If you are feeling sleepy or tired after a long day’s work, this can make you feel more distracted when you are driving on the road. Make sure to take a break before you drive or have a caffeinated drink to ensure that you are fully aware of what is going on. The more alert you are, the more likely it is that you will keep safe when you are on the road.

7. Utilize public transport

Drivers of public transport have been trained to ensure that an absolute minimum of accidents happen whilst they are on duty. If you have a nearby bus, metro or train stop, you could consider getting them to work. Keep an eye on your budget though, and do a little googling, as often public transport can offer great savings through a pass that can give you a discount.

8. Wear bright clothing that can be easily spotted

If you are a cyclist or a motorcyclist, it’s important to understand that you may not be as easy to spot when drivers use the road. That’s why most of the accidents that happen to cyclists occur when they are moving off or stopping in the road. Wearing bright colours, iridescent badges or helmets or even having lights that can flash on the wheels of your vehicle can alert other vehicles to your presence. That way they won’t hit you and can see your manoeuvres on the road easily as you make your journey.

9. Signal Appropriately

During your driving training, you will have been taught how to signal which way you are going to turn. However, if you are on a bike then you may need to learn how to do hand signals in order to show where you are going. Make sure to give a signal with enough time to go before you make your turn. You may also want to invest in lights that can turn on and off that can signal which way you are turning.

10. Figure out if the person you are driving with is safe

If you are catching a ride with a colleague or friend, you may want to keep an eye on their driving skills. As a passenger you will never be blamed for an accident happening. However, if your driver is erratic or perhaps doesn’t know how to control their temper whilst they are on the road, you may want to consider your options for different commutes to work. That way you can stay safe and make sure that you keep out of trouble on the road.

Gowing Law Solicitors can help you with any road traffic accidents claim!

Gowing Law Solicitors would be more than happy to help you with your traffic accident claim. We understand that you want to keep safe on the road. However things can still happen that can cause injuries. That’s why it’s important for you to claim compensation as quickly as possible.

Gowing Law can give you free advice and consultations to get you started. If you are happy with what we have to offer you, you can work with our solicitors on a “no win-no fee” basis. That means there will be no hidden fees to pay and you will always come out on top.

Contact us today and check your claim by phoning 0800 041 8350, emailing info@gowinglaw.co.uk or using our contact page to use our live chat! One of our team members will then be in contact to help answer your questions.

Health & Safety in Retail: Avoiding Accidents

Posted on June 16, 2020 by Hannah Fletcher - Accidents in Public, Blog, Covid-19, Employment, Work Place Accidents

Health and safety in retail is a big issue right now. As of June 15th 2020, the UK government has now allowed for non-essential stores to re-open. Non-essential stores, including clothing and book shops, have been closed for over three months. This was to help lower the rate of infection of Covid-19. However, you may be feeling a little nervous about going out and about so soon. The corona virus is still a major health & safety risk with a lot of businesses having either moved online or to remote work to remain open. That’s why at this moment you may be thinking that it is just safer to shop online.

Boris Johnson has stated that we should ”shop with confidence”, but do you know precisely what you would do if you had an accident in a public place? If you work in retail, you may have no choice but to return to your store. That’s why, whether you are a customer or a consumer, it is essential that you know precisely what rules and regulations are in place to keep you safe. That way you can avoid accidents.

Read on to learn more about how you can protect yourself and the others around you from accidents in a retail store, and what you should do if you do suffer from an accident.

What is happening in the UK?

As you can see from the BBC’s latest update video, the UK has undergone a number of changes in the last 24 hours. Whilst this may not immediately get things back to the way they were, it can help workers in the retail industry have their livelihoods restored to them. Although essential stores have remained open, like food stores, pharmacies and banks, most non-essential stores have been shut since March.

Now, what’s important to take from this is that not only will stricter shopping measures be in place, but you will have a choice about whether or not you should return to your work environment. If you have proven that you can do your job from home without any problems, then it will be quite hard for an employer to outright say that you should go back to the office. However, if you can only do your work by being in a certain building, you will have to go in to do your work. Should you tell your employer that you are not going in because of fears of Covid-19, you will not be entitled to sick pay.

According to David D’Souza, from the Chartered Institute of Personnel and Development, he has listened to the complaints of people being forced to go back to work by their employer and believes that it is:

”Of huge concerns in terms of people’s physical and mental well being…Any return to work should only be done if these criteria are met: It’s necessary, it’s safe and it’s mutually agreed.”

It is up to you to decide how you feel about returning to work. If you are worried about catching Covid-19, you will need to discuss this with your employer. That way you can get an outcome that would suit your situation.

Safety in a retail: Covid-19 Edition

For both employees and consumers, new safety measures have been put in place in order to prevent the spread of Covid-19. So, if you are going out today, it’s important that you adhere to the following rules:

These rules have been put in place in order to help the public get used to shopping outside again. However, there is controversy about this move. The World Health Organization has warned against further lock down easing in England. According to Hans Kluge, the WHO’s European director, the UK is still in a “very active phase of the pandemic”. This means that there is still a chance that Covid-19 could be spread around through public contact.

If you do choose to go out to shop, make sure you do it with caution. There have been hundreds of people queuing already to visit large retailers like Primark, therefore take social distancing regulations seriously and try not to approach people within 2 m. You may also want to wear face-protection and have your own personal supply of hand gel.

Public Accidents in a Retail Store: Health and Safety

Despite all of the health and safety regulations that have been put into place, there is still a chance that both consumers and workers could be involved in an accident in the store. Yes, employers need to make sure that social distancing measures are put in place, but with all of this focus on Covid-19 safety regulations, it is more likely that smaller problems may be overlooked. There is still potential for one of the following accidents to take place in a store or retailer:

Slips and falls from unmarked puddles.
Trips over hazards/objects on the floor.
Poorly built shelves falling over.
Mannequins and display items falling down.
Bad Lighting.
Bad carpeting.
Violent customers

All of these accidents can help due to employer negligence. Each business has a duty of care towards their customers and employees to keep them safe. Therefore, to have an unsafe work environment, and to not keep it clean and tidy, is to breach that duty. You deserve to feel safe when you are shopping, therefore if you have had an accident in a public place, you could claim compensation for the fall. This is due to the fact that the retailer themselves has been negligent.

Who was to blame for the accident?

All retailers have to keep their employees and customers safe when they are on their premises. This is normally through risk assessments. This includes keeping the place clean and tidy and ensuring any spills or hazards are fixed before customers can fall victim to them. Employees must also ensure that all staff are trained to carry out their work safely. If these duties are not fulfilled then they could be liable for a compensation claim, especially if they do not enforce social distancing regulations.

Customers: What to do if you have suffered an accident in a public space?

It can be nerve-wracking building up the courage to go back out in public to go shopping. That’s why you don’t deserve to be hurt when you finally enter a store. If you do unfortunately get injured, you need to report it to a member of staff. This injury can then be written down in the store’s accident book. You should be given a copy of the injury statement.

If you do not have to go to hospital due to your injury, remember that you will need to collect as much evidence as possible. This could include:

Photographs
Videos
CCTV Evidence
Witness Statement
Diary Entry (made on the same day)
Police reports
Medical Statements

If you want to make a personal injury claim, you will need to make it within three years of the accident occurring. Make sure to seek help from a solicitor as these types of injury claims can get extremely complicated if you are looking for compensation on your own. A solicitor can explain how much compensation you could be owed, what pitfalls you need to avoid and how long it may take to get an outcome from your claim. Be patient with your solicitor and make sure to keep in contact with them about your claim.

Employees: Health & Safety in retail stores

Customers are not the only people who get injured in a store. As an employee, your employer owes you a duty of care, especially in regards to health & safety in retail environments. That means you should have received official training to help you cope with the latest social distancing laws and safety in general in the work space.

So, you have a responsibility towards customers to keep them safe. But you may be wondering, what should you do if you get hurt? An accident at work could put your livelihood at risk, as you may not be able to keep working and claim your wage. You can experience the same accidents as a normal customer, worse still you may be more at risk of Covid-19 if your store has not put in health and safety regulations to ensure the safety of their employees.

In order to keep safe in the work environment, remember to:

Your employee must be trying to implement social regulating laws, perhaps even communicating through walkie-talkies or phones instead or face-to-face contact. If there is no evidence of a risk assessment, you could be owed compensation for your work-place accident.

How much could I earn from an accident at work compensation claim?

Now, this depends on the type of accident you have had and how severe it is. If your retailer employer has not carried out sufficient health assessments or thought of the risks of returning employees to work, you could be owed thousands if you recently had a work accident, aka. a breach of health and safety in retail.

To use an example, perhaps you work in a clothes shop. They implemented a one-way system to help customers get around the store. However, you did not think of aggressive and messy customers. So you slipped on the clothing and fell over. If you broke your leg this may mean a higher pay out than if you pulled a muscle.

Talk to your trained solicitor about your injuries and how much you could be owed. The amount you receive will depend on your losses and injuries. Therefore, they will be able to give you a good estimate.

How to handle a breach of health & safety or a work accident?

The same way a customer must alert staff to an injury in a store, you must alert your employer or manager about your injury. They will record your injury the accident book. Make sure to ask for a copy! You must also find evidence of your accident that can prove that it was your employer that was liable for your accident. This could be through their lack of a risk assessment, a dangerous environment or perhaps a lack of training. Either way, keep calm and simply follow procedure to ensure that you can collect your evidence and alert your employer to your accident.

Gowing Law Solicitors can help you with your work accident claim!

The transition from complete lockdown to social-distanced work can be quite scary. You want to support your family, however what happens if bring something home nastier than intended. If you have been injured at work, or health & safety guidelines have been breached, Gowing Law Solicitors can help you get the compensation that you deserve.

We can work with you remotely and can offer you free advice or consultations to talk about your accidents. Our trained work accident specialists can then get to work on your case. If you are happy working with us, we work on a “no win-no fee” basis. That means that even if we do not get a positive outcome, you will still come out on top. Let our trained specialists help you get the best amount of compensation to allow you to recover from your injuries.

Contact us now by calling 0800 041 8350 or emailing info@gowinglaw.co.uk. You can also directly message us through our contact page.

Want to learn more?

Do you want to know more about Covid-19 and UK legislation? Our blog is has the latest legal stories and information. That way you will always know what to do if you are faced with a legal battle. That includes information about work safety and your worker’s rights.

If you have a blog topic that you want us to discuss, let us know by contacting info@gowinglaw.co.uk. We would be happy to write about it!

We look forward to hearing from you soon.

Covid-19 & Accidents at Work: What hazards do you need to look out for?

Posted on June 5, 2020 by Hannah Fletcher - Blog, Covid-19, Employment, Work Place Accidents

No one likes dealing with accidents at work. However, Covid-19 has changed the face of what it means to have a work accident in general.

On the 13th April 2020, the UK announced that it was going to begin easing down some of its lock down regulations. That meant workers who could not work from home could return to work. Currently, there have been over 280,000 cases of Covid-19 in the UK. That’s why there is currently so much debate about whether or not it truly is safe to return to the workplace. Some think it is far too soon, others believe that the first wave has passed, however it is entirely up to you about whether or not you think you can take the risk of working in a public environment.

Your business has a legal obligation to you (aka. a duty of care) to keep you safe. No matter what sort of business you work in, they must continue to uphold government hygiene regulations. You need to understand your rights, but more importantly you need to know how you can personally minimize the bio-hazards you may encounter on your way to and in the work place. If not, you have a higher chance of catching Covid-19 than someone who is currently working remotely.

Read on to learn how you can keep yourself safe. If you do end up getting ill because of your work place’s negligence, please contact Gowing Law Solicitors. We can help you make a claim for a work accident compensation or even represent you at an employer tribunal. All of this can be done remotely.

Remote Working

Honestly, one of the safest ways that you can avoid the virus is to work from home. If you have the chance to do this then take up this opportunity. It can truly help you avoid any accidents at work. Over 51% of the global population have internet, therefore if you think that a work environment is unsafe, it is your right to ask for changes or to work outside of it.

Not only will it protect you from the transmission of Covid-19 but you may find that it helps you create a more engaging work space that increases your productivity. For instance, if you are easily distracted by noise pollution in your work environment, your workspace at home can provide a peaceful place that you can retreat to.

Speak to your employer about continuing to work from home if you are suffering Covid-19 related anxiety. You may be a vulnerable person or simply don’t want to take the risk for the sake of your loved-ones, family and the people you live with. Any good employer will understand your worries and try to work with you to create a compromise where you can feel safe. This may mean that you work from home indefinitely or come into the office only a few times a week. You can also recommend that they look at the free remote safety courses that have been released by the government. They can help you manage stress and create an employee safety plan.

Keep in contact with your employer and stay inside as much as possible in a comfortable work environment. This will help you get the most out of working remotely.

Working Onsite: Lowering the Risk from accidents at work

If you have no choice but to go back to work, as you are an essential worker or perhaps your employer has put in safety regulations that include social distancing, you may be feeling scared about taking this risk. That’s why it’s essential to keep safe when you are:

Commuting to work.
Working in the office environment.
Using work office supplies.
Getting lunch/ using the kitchen.
Using the work bathroom.
Interacting with other employees/colleagues.
Commuting home.

You need to think about which areas in particular are going to be hot spots for germs. It is also wise to consider which of your colleagues may potentially be an asymptomatic spreader. Create a mental (or physical) plan that can remind you of how you can prevent the spread of Covid-19 and what biological hazards could harm you. This could be different depending on your work environment. For instance, construction workers may have different obstacles to office workers. Consider your environment carefully and what you can do to lower the rate of transmission.

Keeping safe on your commute to work

One of your biggest challenges is going to be actually getting to work. As the country has currently been in lock down for over 10 weeks, it is likely that many people have not been considering their commute. This includes using transport safely on the road, and claiming compensation if an accident happens. Naturally, to help with social distancing, some changes have needed to be made to the road, social transport and the amount of people who can go on transport at a time.

Private Transport

The first thing you need to consider, as you go on your commute to work, is what sort of vehicle you are going to use. If you are using a car then you do not need to worry about interacting with other people. However, you may want to avoid giving lifts or asking for rides from different people. If it is your car, make sure to keep sanitation products in the car with you. This includes hand gel, travel sized soap and napkins. You may also want to keep a mask in the car with you for you to wear when you leave the vehicle.

Remember, you will want to wash/ sterilize your hands before and after you touch the steering wheel. This will mean that you will not transfer germs to other environments. It will also help you avoid bio-specific accidents at works

Public Transport

Not all of us can be lucky enough to own our own cars. Instead, many commute to their place of work on either a bus or a train (i.e. The London Tube). According to Lloyds Banking Group, British workers actually spend around 492 days of their lives commuting to their work place. 33% of the people interviewed even said that the normal commute is usually crowded. In terms of catching the Corona Virus, this is where you can be most vulnerable.

A public commute can be a hazard in itself. You are mingling with a range of different people who come from all over your town, different cities or even from all over the country. Being in close proximity means that you have a higher chance of catching or spreading the virus. Remember to stick to social distancing rules if you can, or maybe ask if you can change up your working hours in order to avoid rush hour.

From the 15th of June, it will be mandatory to wear a mask on public transport. Make sure to combine this with hand gel when you get on and off your commute transport. That way you can avoid spreading germs you may have caught on the commute to work, especially as you are avoiding bringing germs into your work place.

Cycling

Recently, the UK government has advised that if people are going to commute to work, it should be through greener vehicles. This includes walking and cycling. If you are going to try and do this, one of the most important things you need to do is plot out your route. That way you will know precisely which the safest areas are to travel around your city. You can also time how long it will take you to get to work and back, as well as how you can avoid other people.

However, keep in mind you may need to think of the other dangers that the road could present, whether you are a bike or a motorcycle:

Judge the weather to ensure no accidents can happen due to slippery surfaces.
Watch out for other vehicles on the road, especially if there are aggressive drivers.
Watch out for unseen vehicles during busy commuting hours.
Wear appropriate cycling protective gear, like helmets, gloves and cycling shoes.
Make sure your bike has received full maintenance and can work (i.e. make sure its breaks are not broken or you have a flat tyre).
Oil your chains and keep them clean to ensure no problems happen whilst you are on the road.
Make sure there are no hazards on the road that cause you to fall from your bike

If you do end up in an accident due to a cycling accident, Gowing Law Solicitors can help you claim compensation if the accident was not your fault. You do not have to go through a RTA case alone. Instead, you can have the support of a trained solicitor.

In the Work Place

Unfortunately, the safety hazards do not stop when you arrive in the office. In fact, this is where social distancing may become more of a challenge. This is because you are going to spend most of your time trying to figure out ways of staying away from colleagues in your office. You can meet up with groups of up to 6 people as long as you keep your distance from them. However, if you do not want to risk this then you can tell your manager that you do not feel safe in your office. This could prevent accidents at work

If your workspace does not follow these regulations, and you do end up getting ill, then you have every reason to file an employer negligence complaint against them. After all, they have not taken the appropriate steps to ensure your safety. In fact, they have put you in harm’s way by asking you to come into an unsafe environment. That means accidents at work are practically imminent

The Three Categories of Hazards in the Work Place

Colleagues
Shared Work spaces, surfaces and equipment
Small work areas

Here is what you need to watch out for in relation to these different problems in the workspace.

Keep hygienic when you are in the office and remember to wash your hands whenever you touch a different surface or piece of equipment. You may also want to consider washing your hands if you are going to eat or drink anything. That way you can avoid picking up germs on your food or beverages. This may sound paranoid, but it is the best way to ensure that all social distancing practices can be maintained. That way you can avoid any type of accidents at work.

For more information on the best practices to avoid bio-hazards in the work office, check out the UK Government’s latest advice through their website. It contains different details on various work environments.

What to do if you get ill as a result of a hazardous work environment/accidents at work?

There is only so much you can do to protect yourself from Covid-19. If your work environment does not employ the latest sanitation advice from the government then it should not be open for business. They have breached their duty of care for you and your fellow employees, therefore you could potentially claim compensation from them, either as a personal injury or in an employment tribunal.

Just remember, if you have symptoms you will need to self-isolate for 14 days. The same will be true for anyone who lives with you.

Gowing Law Solicitors can represent you and get you compensation!

Getting Covid-19 at work could be classified as either employer negligence or an accident at work claim. You may feel a little worried about claiming compensation from your company. However, if you have the appropriate evidence to prove that their hazardous environment was the cause of your illness, you could be due compensation.

Before you leave your work space, make sure to take any notes or photographic evidence of any accidents at work. That way you can prove your company is not providing a safe environment. Working with a trained personal injury solicitor can help you figure out whether or not you could be owed anything. They work on a “no win, no fee” basis and also offer free advice and consultations. That way, you will always know what sort of claim you could make and what you could be entitled to.

Contact Gowing Law Solicitors now for more information about Covid-19 and your rights if you get ill. You need to be prepared for anything and we can help you remotely! Please call 0800 041 8350, email info@gowinglaw.co.uk or use our direct messaging system on our contact page.

We look forward to working with you soon to get you the compensation that you deserve. Just let us know the types of accidents at work you have experienced and we will help you.

Want to read more about work place hazards?

At Gowing Law, we are dedicated to bringing our customers the latest information about different law topics. This includes information about the rights of employees during Covid-19 and how to create a will if you are feeling anxious about the future. Keep updated about the latest laws by looking at our blogging page. We would also be happy to write about any topics you may suggest. So, feel free to let us know what you would be interested in by emailing info@gowinglaw.co.uk.

Safety in the Work Place & Covid-19: What are Your Rights?

Posted on May 15, 2020 by Hannah Fletcher - Blog, Covid-19, Uncategorised, Work Place Accidents

How often do you think about safety in the work place? Whether you are a health worker, social carer or you work in a retail environment, if we are going to stop the spread of the Corona Virus, it is essential that you have the proper tools to do this. No one can go into a battle unprepared, and if you are forced to continue working without the proper equipment then you have the right to either stop working or claim for negligence in the workplace. Not everyone has the luxury of working from home, therefore it is important that we prepare those on the front line for the worst.

If you have found that your workplace has inappropriate safety gear, rules or social distancing measures in place, then this is where people can get injured (i.e. ill with Covid-19) or accidents can happen. You can claim compensation for this if your injury was due to problematic protective equipment. Your employer owes you a right of care, therefore if you have been injured it shows that they are failing to meet standard safety regulations. Gowing Law Solicitors can show you precisely how you can make a claim to ensure that the safety of your workplace is maintained. Make sure to check out Gowing Laws Accidents in the work place page for more information!

The Lack of Protective Equipment & Safety in the Work Place

Three weeks ago, the UK was up in arms about the lack of protective equipment that was needed by doctors, nurses, care staff, customer retail space and other public jobs that could not be undertaken at home. Yes, #ClapForCarers appreciated the staff who were out risking their lives for the sake of others. But the fact that the government was not getting people the equipment they needed was a shortcoming. Clearly they were not thinking about safety in the work place.

Those in hospitals were suffering from a lack of personal protection equipment (PPE). The PPE at Work Regulations 1992 states that PPE should be supplied at work wherever there is a major risk of the health and safety of the employees that cannot be controlled through other means. The PPE must be:

Properly assessed before being used to ensure it will not break.
Stored and maintained throughout job activities.
Given to employees with instructions on how to use it safety.

To ensure safety whilst working in the pandemic, each professional area will need a specific set of equipment. Does your own work environment supply you any of the following things:

If your workplace does not have an adequate supply of the relevant PPE, then you have the right to speak up about it. People in the front line should not feel like they are being “bullied” into working for a good cause, especially if there are people around who do not respect the challenges that the job may entail during the pandemic.

Safety in the Work Place Case Study: Belly Mujinga

Belly Mujinga was a ticket worker at Victoria Station. A man approached her and spat on her after claiming that he had Covid-19. Belly Mujinga had underlying respiratory conditions and was admitted to hospital on the 2nd April when she started experiencing symptoms. She died three days later, leaving behind a husband and 11 year old daughter.

This is a tragic case that could have been easily prevented if protective measures had been put in place. That is why we need to ask ourselves these three questions:

Why was a vulnerable person allowed to keep working?
Why did she not have protective equipment, such as face masks, hand sanitizer, protective barriers, etc?
When she complained about this, why did her company not take action? Why did they ignore her?

According to the BBC, the TSSA general secretary, Manuel Cortes, claimed:

“As a vulnerable person in the ‘at-risk’ category, and her condition known to her employer, there are questions about why she wasn’t stood down from frontline duties early on in this pandemic.”

The safety of the employee needs to be made the ultimate objective of any sort of employer. What this case proves is that not enough was being done to ensure that front line workers are being protected against the virus and other people. Key workers do not deserve to feel threatened by just doing their job. That is why, if you think you are in a similar position and feel like your job is not following government advice, you may need to make a claim against them for compensation and better working conditions.

Are you being bullied into silence?

On the 15th May 2020, the BBC announced that some NHS managers were trying to make doctors not speak publicly about the PPE shortage in hospitals. WhistleblowerUK claimed that more than 100 healthcare workers had come forward to say that there were concerns about Covid-19 and PPE. Workers were told through posters and newsletters that they were to stop

“commenting on political issues, such as PPE”.

Do not be afraid to speak up about any mis-treatment or lack of protective equipment. Clearly there is a flaw in the system if people focus on you and your mistakes, rather than the message that you are trying to communicate. By bringing up these issues you could save lives.

However, if you do think that your managers are getting out of hand, or are treating the situation inappropriately, you could make an employer negligence claim. These are normally linked to a work injury claim, where the employer has failed to provide a safe work environment. Worse still, these conditions may have caused an accident (i.e. the spread of the Corona Virus) and could lead to a workplace accident claim. After all, safety in the work place regulations were not being adhered to. You could claim compensation from this.

What are your work rights?

One of the main responsibilities of any employer is to provide the worker with a safe environment. If you have not received any help to maintain your safety when interacting with customers, you have every right to either leave the environment or make a formal complaint. This advice applies to more than just key workers. If you are an office worker, then you have the right to either work from home (if you think the office is not a suitable environment) or ask for social distancing measures to be put into place.

Right now, you may be feeling a little nervous about your working conditions. That is because the world of work is constantly changing- sometimes even on a daily basis. The government’s advice so far has been basically “if you can work from home then do it.” This is because it makes it less likely that a second wave of Covid-19 will hit and cause another lock down. However, there are always going to be employers who try to cut corners and force you to do the maximum on minimum supplies. This is why it is essential that you know at least the basics of your right in a period of crisis.

To put it bluntly:

Covid-19 is an accident waiting to happen

When you think of safety in the workplace, you may think of potential hazards that could affect your physical health. This could be a wet floor, electric cable or perhaps dangerous work appliances. If you are forced to commute or perhaps are in charge of a vehicle, this could also include car accidents and motorbike accidents.

Covid-19 is an invisible hazard that your employers should be trying to protect you against. If you fall sick and they refuse to pay you statutory sick pay (SSP) that is you and your family’s livelihood on the line. Safety in the work place is a big issue. If your employer is neglecting their responsibility for their employees, you can make a claim against them. Whether or not it is through an employer tribunal or is an accident at work claim depends on your personal employment situation.

What has made your work environment unsafe?

Everyone is at risk of catching Covid-19. However, there are things that your employer could be doing that are making the situation even more dangerous. Worse still, due to their actions, someone may have already caught Covid-19.

Have any of the following happened at your work place?

Safety equipment (PPE) has been denied to you and your colleagues.
You have been told to sort out your own safety equipment.
You have not been updated with the latest government safety advice
Social distancing regulations have not been applied (i.e. people are still working in large groups)
Your work place lacks any hand gel, sanitizer or soap facilities
You have not been allowed to work from home despite being able to
You cannot work from home despite living with a vulnerable person
Someone has come into your workplace with Covid-19. Nothing g was done about it- i.e. Safeguarding measures were not implemented to send them home

If any of these things have happened, and they have caused the spread of Covid-19, you could either file a a employer tribunal claim or you could ask for accident at work compensation. Both of these depend on whether or not you were the person who caught Covid-19 because of the lack of safety in the workplace. Either way, Gowing Law Solicitors can help you with these claims.

Accident at Work Claims Procedures

As mentioned previously, accident at work claims tend to be more around physical injury. However, if your employer was the main reason behind you catching the disease, you are entitled to compensation if they are proven to be at fault. In some cases, you may not need to do anything because they will pay you SSP. However, if they have simply washed their hands of you because of your illness, you could be entitled to compensation.

Gowing Law Solicitors can help you process a negligence claim against your employer, especially if it was due to a lack of safety in the work place. That way you can support your family even if you cannot go to work. We can help you do this from the safety of your home. Our specialist accident at work claims team can represent you whilst you remain isolated.

Gowing Law speaks about Covid-19 Related Topics

Covid-19 is a big topic right now when it comes to the world of work. After all, in just a few months it has managed to turn the world upside down. Every day there is something new happening that could change the routine of your world. That’s why Gowing Law is dedicated to getting you the right advice at the right time. We want to make sure that safety in the work place is properly adhered to. But don’t forget to look at some of our additional Covid-19 related blogs. This includes writing a will during the pandemic and what to do if you have been the victim of an unfair dismissal case. Let us know how we can help you.

What should you do next?

Is your employer at fault for negligence or has been the reason behind you catching Covid-19? you can either visit our accident claims page or you can reach out for more information.

To contact Gowing Law Solicitors, please call 0800 041 8350 or email info@gowinglaw.co.uk. You can also message our team directly by visiting our contact page.

We look forward to helping with your case soon!

Writing a Will in the Corona Virus Pandemic

Posted on May 6, 2020 by Hannah Fletcher - Blog, Covid-19, Uncategorised, Wills

You should not try will writing on your own. There comes a time when we need to think about our last will and testament. No one likes thinking about death. But eventually our age is going to start catching up with us and it’s extremely important to start thinking of the future.

The Corona Virus has made a lot of people start to think about their mortality and how they can protect their families. That’s why there has been a jump in will inquiries by 75%. A will can grant you peace of mind during this troubling time. After all, there is only so much you can do to protect yourself. If the worst comes to the worst, a will can ensure that you can help your family and friends even after you have passed. That’s why it’s crucial that you are able to contact an experienced solicitor to help you through the process.

Your Vulnerability to Covid-19

As you can see from the video, there is a higher chance that you may die from Covid-19 if you are older or have an underlying health condition. That is why the government has imposed a lock down of at least 12 weeks for these vulnerable categories of people. During this time, it is essential that you stay indoors, although you can open a window if you need fresh air. You must not visit anyone and impose social distancing from others who are not currently living with you. The people you live with may also need to discuss their work options so that they do not bring anything home that could be transferred to you.

This whole process is known as “shielding” and has probably given you enough time to yourself to think about the future and what are you going to do if the worst comes to the worst. According to deVere group’s CEO, Nigel Green, he has claimed that the current will enquiries from vulnerable people are due to “minds being more focused” on a post-death financial plan. More specifically, Green claimed:

”The corona virus pandemic has had an unprecedented, collective focusing-of-minds effect. Like too many aspects of financial planning, including retirement planning, drawing up a will is not something that most people rush to do. It remains ‘on the back burner’ until something, such as an illness or a change of circumstances, focuses minds.”

People have more time on their hands to think about their own personal lives thanks to social distancing. Without the distraction of work, socialisation and private matters, it is natural to think about the prospect of the future and how your family will be able to cope if the worst comes to the worst.

Why is it so important to have a valid will?

This is a time of uncertainty. You cannot possibly leave anything to chance, including your own health. You may be following all of the lock down rules perfectly, but there is still a chance that you could potentially catch Covid-19. That’s why it is important to consider what you want to leave behind if your children or family are struggling due to an unfair dismissal case once the pandemic has ended.

However, there are additional reasons why you need to consider creating a will in this pandemic:

As you can see, there are a number of emotional and logical reasons why creating a will can help both you and your family. Documenting your financial assets can help your family and friends organise themselves based on what your wishes were. During the grieving process, this can ease the burden on them, especially if they are your executor.

So, now that you have motivation to start creating your will, you may be considering how you can even begin whilst you are still under lockdown. Well, the answer is a lot simpler than you think.

The Basics of Will Creation: Corona Virus Edition

If you are interested in creating a will, it’s important that you understand what information you need to place in it. Yes, you may have assets, but you need to know precisely what you want to pass on to your friends, relatives and loved ones. Working with a Gowing Law Solicitor can help simplify the process, however until you make a consultation, we have made things easier with an infographic. Please see below for more information:

Remember, Gowing Law Solicitors can help you with this will creation process. If you bring us all the information that you want to put into your will, it can be constructed in an extremely organised manner. We understand that the Corona Virus has caused some difficulties in the will writing process. That’s why not all of these will writing legalities will be able to be adhered to in the future. If you are concerned about this, make sure to contact our lawyers for their advice. It is completely free.

The Call for a Laxing of the Law

Amongst this rise in will writing, some problems have occurred. As we are currently all self-isolating and are social distancing from each other, this has made it extremely hard to find witnesses to validate the will. Although there has been talk about video-calling being a way of getting around it, it has been agreed that a physical presence is still required in order to make sure that the will writer has not been forced and is of sound mind. That’s why the following options may need to be considered in order to get around it:

All of these ways will suitably ensure that you are kept away from people, whilst ensuring that you comply with will validation rules. With two witnesses saying that they signed and saw you sign your contract, that means that it is legally binding and will ensure your peace of mind.

If you want more advice on how to validate your will during the pandemic, please speak to our will specialists for their opinion. Although you cannot sign a contract with an electronic signature, the influx of will requests may soon change this.

The Use of a Trained Will Solicitor

Yes, you can create a will on your own, and can seek government advice to get started, but have you ever considered what will happen if you make a mistake in your will? This could destroy the validity of your writing altogether. It will not hold up and instead will force the UK court system to try and divide your assets up equally to your family. If that is not what you wanted then this could spell disaster for you!

Specialist will writers, like Gowing Law’s team of experienced will solicitors in Manchester, will ensure that no mistakes are made before, during and after the will writing process is complete. Here are a few examples of some benefits that may convince you further:

The Perks of having a Will Solicitor

You can avoid common mistakes that may invalidate your will.
Your solicitor will understand the formal requirements of making a legal will.
Your lawyer will take into account all of your money, property and assets available before making the will.
A solicitor will understand how to make quick changes to the will should your beneficiary die before the will-maker.
A lawyer will know how to simplify a complicated will and ensure that your wishes are carried out efficiently.
A specialist will be able to advice you and your executor how to hand out the assets of your will, even if there are assets or a business that are overseas.
You will have full control over the will, but your lawyer will be able to draft it in a way that is logical, understandable and valid. You can suggest any additional changes that you need.

Remember, you can hire multiple people to help you with your will. For instance, you can seek the advice of a solicitor, but if you are part of a trade union, they may offer a free will writing service. However, make sure that if you use their services, make sure that it belongs to The Institute of Professional Will writers. That way you can ensure that the will created will be completely valid.

How much does it cost to create a will?

Now, this depends on the solicitor that you decide to use and the complexity of your will. However, if you tend to use Gowing Law Solicitors, here are the following prices:

How long does it take for writing wills?

Again, this depends on how complicated your will is and how many assets you have. Gowing Law’s trained will solicitors aim to get you a draft of your will as quickly as possible after your initial consultation. Whether it takes a few weeks or a few months depends on your redrafts and how many financial obligations you have. Make sure to contact Gowing Law Solicitors to discuss your own situation and your will.

Ready to learn more about the law from our blog?

As we are all currently in lock down, Gowing Law Solicitors wants to entertain and inform our clients with large law blogs about a range of topics. This includes the basics of PPI tax, miscalculated mortgage claims and even UK immigration during Brexit. Feel free to look at our blog page if you want to know more. We are confident you will like what you find. Happy reading!

Contact Gowing Law Solicitors for help!

Here at Gowing Law, we will prioritize your will to ensure that it is quickly validated. We understand that as we are all working remotely, this may make things quite difficult. However, we will work around your schedule and maintain social distancing. This way we can keep on track without any danger to you or your family. We will work with you to ensure that writing your will has your own personal touch. Our specialist will solicitors in Manchester are extremely sensitive and will treat your case with care. Make sure to provide them with as much information as possible. That way we can construct your will in a way that counts.

You can also contact Gowing Law Solicitors through our contact number (0800 041 8350) or through our email (info@gowinglaw.co.uk.). We would be happy to discuss any additional queries you may have about our will-writing series.

Keep safe, secure and stay at home!

Covid-19: Legal Advice for all Employees

Posted on May 5, 2020 by Hannah Fletcher - Blog, Covid-19, Employment, Uncategorised

No one can deny that Covid-19 has changed the face of employment and the world of work forever. So many people have become the unfortunate victims of unfair dismissal due to the fact that their business has been locked down, or they have been unable to leave the house. That’s why it’s extremely important that you understand your rights. Whether you are still employed, have been furloughed, or have lost your job, it’s time for you to understand how you can take your fate into your own hands and figure out how to protect yourself and your family from any financial threats.

Overview: Covid-19 & Employment

As lock down hit the UK, it brought with it a feeling of uncertainty. Not everyone had been able to predict that they would lose their jobs, but as a result it had a knock-on effect that left them without an opportunity to go out and look for more work without putting their families at risk. The situation is in flux. What occurred last week may become obsolete by the time the next week occurs. That is how fast the situation is changing.

Now, smaller businesses and have been offered a life line called the bounce back loan. Within the first minute, Barclays received around 200 applications and Lloyds gained 5,000 applications within 3 hours. These loans go up to around £50,000, so hopefully this will protect employees that are currently on furlough and those that are working from home. Make sure to check out the government’s website for more information.

With the lock down still going strong, the basic gist of the situation is that the world of work is going to be changed forever. As an employee, you will need to get used to a new work environment, as well as figure out how you will undertake tasks whilst respecting the new social distancing regulations.

What has happened to your job?

No matter what type of career you have chosen for yourself, you will have to accept that you will have to make some changes to your daily life. Unfortunately, according to Citizens Advice, there are no policies in place yet to protect you from being dismissed by your employer. If they have been shut down then that is it. You cannot keep your job. Here are some examples of what you could be experiencing:

If you are an essential worker then you may find that you are made a priority when it comes to the work force. Your job may become busier or new health policies may be put in place. This includes social distancing, hand washing and face mask policies. Remote workers will still be paid their wage but will be have a VPN or method of communication to ensure that work will continue to be done. This will be suitable for office workers and, potentially, teaching staff.

However, things may be a bit more difficult if you are experiencing furlough or have lost your job completely.

Self-Employed Workers

Naturally, if you are a self-employed worker, you may also be starting to struggle with payments, customers or even wages owed to freelancers that you currently employ. But don’t worry! During this troubling time you are not alone. Instead, you could be eligible for a range of loans and grants from different financial service providers and the government. Some of these grants can go up to 80% of your profits up to £2,500 if you sign up to the Self-Employment Income Support Scheme. Check your options out now on the UK government’s website!

Furlough: Emergency Aid

If you have been furloughed then that means you are still being employed by a company, however it is not safe to go to work. You may be feeling a little frightened by this situation. On the 20th April 2020, it was confirmed that over 1 million people had been furloughed by their company and even now it’s predicted that around 9 million people will be furloughed in the future. That’s why it’s more important than ever to know what you, as an employee, are legally entitled to.

As you can see, if you have been furloughed you will still receive most of your pay to support yourself and your household. You also have the opportunity to go out and find an additional job if you are not making enough money. Remember, if you do find additional work, to inform your current employer. That way, when they rehire you then you can know when to keep your notice in.

If you are currently working for more than one employer, each of the employers can furlough you up to £2,500. That does mean you have the potential to earn higher than this allowance. However, keep in mind this depends on how much of a wage you were earning in the first place with all of your employers.

Are you not being paid through the Job Retention Scheme?

Before we start this section, make sure your employer knows about this video and knows about the Job Retention Scheme:

The Job Retention Scheme is designed to support businesses and keep their employees working, even if they have been furloughed or cannot travel to their place of work. That way they will be able to keep up their standard of living and support their families.

Not everyone can feel confident that their employer will actually pay them throughout the pandemic. Your employer may not have realized they could have used the scheme, or perhaps just told you not to work. Whether or not you can continue to be paid depends on what your employer has told you. Read this carefully:

“You are being made redundant”: This means that there is no work for you and you are no longer employed.
“Just go home”: There is no work or pay for you.
“You are being laid off”: This can mean that you are a still employed but you are not going to be paid, namely because there is no work to be done.

Make sure to check with your employer exactly what they mean by their phrasing. In some cases, they may have simply said the same thing. That means you can still have the chance to be paid through furlough and even have a second job. You can then remind your employer that they can backdate your pay to the 1st March. If they refuse you, make sure to ask them for a reason why and to give you it in writing .From there you can contact the Citizens Advice Bureau for help.

Employment Status Wording

It is the worst thing in the world to know that you have been laid off from your job. One minute you felt secure and that you had control over your life. Now, you may not know how you are going to afford groceries or support your family. It is a truly scary time. Some people are handling it better than others, but every person has their own personal story and situation.

If you have been made redundant or have lost your job, there are three things you need to check for before you do anything:

Has your employer had a group consultation if they have made more than 20 people redundant?
Have you been chosen for a fair reason?
Has your employer discriminated against you?

If you feel like you have been let go for an unfair reason, and have worked at the company for at least 2 years, there is a chance that you could file for unfair dismissal compensation due to the Covid-19 pandemic. Tribunal claims for unfair dismissal can be filed before 3 months have passed since you had been out of work.

Looking for a New Job

One of the main things that we need to stress about being made unemployed is that you need to find a new job fast! Yes, you can apply for benefits. But the Corona Virus has affected a lot of different people and has put them in the same situation as you. That means the waiting times for benefits are longer. The best thing you can do is try to find remote work that can pay you enough to get through the next few months. Start looking on Indeed, TotalJobs, LinkedIn and many other job websites to get started.

Remember to also look after your mental health. Losing your job can make you feel like the world has crashed around you. But it doesn’t have to be like that. Think of this experience like the tide. It has just gone out and taken everything with it, but soon it will come in and refill the dry sand with water. Use the time to think of your mental health and to make yourself feel better with apps like Headspace and Calm. You may also want to start looking into free online courses that can be used to fill out your CV. Turn this loss into an opportunity.

Gowing Law Solicitors can help you with your unfair dismissal tribunal!

Gowing Law has a number of unfair dismissal solicitors in Manchester that are ready to help you with your claim. Our staff members are currently working remotely, but we can still contact you in order to work through your case.

Make sure to provide our experienced unfair dismissal lawyers with as much information as you can about your case. You may also want to send your previous employer a letter of complaint. That way you can let them know that you intend to pursue legal action.

Contact Gowing Law Solicitors now to set up an initial consultation. We can do it over the phone or set up a call to help you. We offer free advice to our clients and work on a “no win-no fee basis.” That way you will always come out on top. Message info@gowinglaw.co.uk or call 0800 041 8350 now to talk to our specialists about what you could earn now in compensation.

Check out our older blogs for more information

We want to make sure that you are kept updated about the most useful law information during this difficult time. This includes information on the basics of PPI tax claims and mis-sold mortgages. If you can think of a topic, we will make sure to write about it. That way, you will never be in the dark about what sort of compensation you could be owed. Make sure to take a look at our blogging page to read more.

Keep safe and secure. Stay at home and save lives.

Good luck!

Unfair Dismissal Claims & Covid-19

Posted on May 1, 2020 by Hannah Fletcher - Blog, Employment, Uncategorised

Covid-19 has turned the world on its head. There is no denying that, especially when people are fearing for their jobs due to unfair dismissal. Over the last few weeks, the world has changed from a bustling hive of businesses and social contact to a country filled with empty streets and ambulance sirens.

For any employment lawyer, such as the professional Manchester experts from Gowing Law Solicitors, a regular scenario is for employers to misuse their power to keep employees working in a way that will benefit their business. However, as we are now facing a pandemic, it is essential that businesses do three things:

Follow government advice for social-distancing and the safety of employees
Cut costs in order to keep the business running for as long as possible
Keep the business open to ensure that life can relatively continue on as per usual

Whilst this may sound good in theory, it can be more difficult when it is put into practice. In order to save money, and in some cases to save the business, workers have either been furloughed or unfairly dismissed. That’s why it’s more important than ever for workers to understand their rights, especially if their employers cannot afford to stay open.

If you feel like your livelihood is being threatened due to unemployment, this is the article for you. There is a high chance that you have been unfairly dismissed. Due to this, you may have the opportunity to make an employment dismissal claim against your employer.

Unsafe Work Spaces

It is funny to think that the video displays what was only a “scenario” for the UK a month ago. Now we are all dealing with these plans in normal life. Before the lock down, we all knew the fear a little while ago when we still had to travel on public transport to work. You could visibly see people flinch whenever someone even attempted to cough. However, not all workplaces seem to harbor the same fears.

Whether you feared for your own health, the health of your family or perhaps the health of a vulnerable person, the government encouraged remote working due to how quickly the virus has spread. Employers should now be focused on the health and well-being of their employees.

The UK Government has advised these employer rules to start with:

The Risk of Job Loss

Yes, Covid-19 has caused a bit of chaos within the workplace, but if you keep an eye on government policy, you should be able to deal with it if you are an employer.

However, not all employees are as lucky. Whilst some may have been allowed to bring all of their business home to work whilst practicing social distancing, others simply may have lost their jobs altogether. Take the hospitality industry, for instance.

On the 17th March 2020, the BBC announced that the hospitality industry was at risk of

“thousands of closures”.

If you work in this industry, this is your job on the line. According to research from LinkedIn, although some people have done well due to the virus, around 28% of surveyed people have been forced to use their savings in order to keep their lives stabilized. As well as this, nearly a quarter of furloughed workers have struggled to keep up with their mortgage repayments or have been unable to afford rent payments. This is all thanks to the idea that they have either been furloughed or have been let go from their job.

The Job Retention Scheme

Now, before you think about making an unfair dismissal claim, it’s important to speak to your employer about your rights and how they plan to keep your job safe. Even if you are being forced to work from home, or have been furloughed, your employer may be obliged to still pay your wages if they take part in the Corona Virus Retention Scheme. This scheme is designed to help businesses retain their employees for around 4 months. Check out the video below for more information:

Are you the victim of an “automatic dismissal?”

You’ve probably heard of an unfair dismissal before. To put it bluntly, it is when you are fired from a job for an unfair reason. However, you probably haven’t heard of an automatic unfair dismissal.

How can this help you?

Have a look at the options about what could consist of an automatic unfair dismissal. It is all about the health and safety of the employee, aka. Staying away from the office due to it becoming a dangerous environment. As this is a circumstance of serious danger, you did have the right to refuse work whilst this danger continued. This means that you should have been protected from any unfair dismissals.

You cannot see where the Corona Virus is in your office, therefore it is clear that this should have meant you had a good reason to be protected from losing your job. Your employer may have also ignored the government advice for staying safe from the virus, including social distancing, PPE or deep cleaning the environment. They may have also not allowed you to work remotely if you lived with a high-risk family member that was trying to self-isolate.

All you were doing was trying to keep your family and yourself safe. You should not have been dismissed because of this. Keep in mind that it is not about your employee’s state of mind. Instead, it is about yours and how you choose to react to the pandemic.

Overall, this means that you could be entitled to compensation.

Additional reasons why you may have been unfairly dismissed

Now, we are in a time where the main reason why you may have been dismissed is due to the lock down. But remember this may not be the case for everyone. You may have also been made unemployed due to the fact that you:

Refused to give up specific working time rights (i.e. breaks).
Asked for flexible working hours.
Resigned whilst giving the correct notice period.
Applied for leave as a vulnerable person (i.e. pregnant, ill or old).
Became a “whistle blower”, aka. Exposed something wrong in the work place.
Were forced to retire.

Employment Tribunals & Your Rights

If you have been unfairly dismissed, Gowing Law Solicitors can help you with this. You can get compensation that can support you and your family as you try to get through the pandemic- or at least until you find another job that allows you to work remotely.

The first thing you need to think about is whether you unlawful treatment is just an unfair dismissal, or whether it has also involved discrimination or unfair deductions from your wage. This can add to your case, but remember to stick to the main facts about your dismissal. That is what is going to make the difference between whether or not you have a claim.

To get compensation, you (or Gowing Law’s top Manchester employment solicitors) will go to an employment tribunal. A tribunal will make a decision on whether or not you are entitled to compensation.

Make sure to make your tribunal claim within 3 months of being dismissed from your job.

Qualifying Periods

An important thing to note about unfair dismissals is that they also depend on how long you have spent at your place of work. You need to have worked through your probation period and need to be classified as an employee.

A qualifying period includes:

After 6th April 2023: Two years
Before 6th April 2012: 1 Year

Making an Unfair Dismissal Claim

Once you have contacted ACAS about your employment tribunal, you will be given an ACAS early conciliation certificate number. You will then need to gather as many details as possible about your claim, including the background, dates and the people/company involved in the case. Gowing Law Solicitors, the top Manchester lawyers for unfair dismissals, can help you gather this evidence and fill out a claims form.

When your court date comes, you will be expected to bring this evidence with you into the courts. Your Gowing Law Solicitor can come with you to provide support. A judge will then listen to your case, the evidence and any additional examples you may have to prove that you were unfairly dismissed.

The decision will then be either made on the day or it will be sent out to you via the post.

Gowing Law Solicitors can help you get compensation!

Even though we are all working at home remotely to avoid catching Covid-19, Gowing Law Solicitors can still help guide you through your claim. You didn’t deserve to lose your job. In the blink of a month, life has been completely changed. Therefore, you deserve support to help you cope with our new reality.

Gowing Law Solicitors has some of the top employment claims lawyers to ensure that you get a good outcome on your case. You are entitled to compensation and a Gowing Law Solicitor will always have your back.

Call 0800 041 8350 or email info@gowinglaw.co.uk for more information!

Have you read our other blogs?

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Keep Home & Keep Safe

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