Tag: Unfair Dismissal

Covid-19: Legal Advice for all Employees

Posted on May 5, 2020 by - 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 - 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:

  1. Follow government advice for social-distancing and the safety of employees
  2. Cut costs in order to keep the business running for as long as possible
  3. 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?

As we are all currently in lock down, there’s no better time than now to learn about the world of law and your rights. Our blog page covers a wide range of topics, including the basics of PPI and miscalculated mortgages! Make sure to check out our main blog page to see if any of our titles interest you.

Keep Home & Keep Safe

It is a scary time for all of us. We fear the worst for ourselves, our friends and our family. Being apart from each other can be difficult in times of hardship. This is a battle within ourselves that we must overcome for the sake of the people we love and want to keep safe. Do your part to stop Covid-19. Keep social distancing and working remotely. It’s the only option we have now!

Good luck!