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Cuts to sick pay for unvaccinated employees

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You may have seen in the media that some large organisations, like Ikea, Next and some Water authorities have amended their sickness absence policies to state that those employees that have to self-isolate as a result of being unvaccinated and a close contact of a positive Covid-19 case will not receive pay. Self-isolation is only a requirement currently following close contact if someone has not received two vaccinations and is not clinically exempt from vaccination. Ikea do have “special mitigating” circumstances in their policy as to when they would allow sick pay.

These organisations are still paying sick pay if an unvaccinated employee contracts Covid-19 and is absent from the work place.

Despite this, these decisions do however, have the potential for discrimination or breach of contract claims by the affected employee. We will have to see if any claims are brought as a result.

We can advise and represent employees and employers in relation to employment related unlawful discrimination.

Contact enquiries@adams-harrison.co.uk to arrange a consultation with Jennifer Carpenter, our solicitor and managing partner who has 20 plus years’ experience of practicing employment law.

Calls For Long Covid To Be Recognised As A Disability

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The Trade Union Congress (TUC) has called for long Covid to be recognised as a disability and for Covid-19 to be classified as an occupational disease, a move that would grant legislative protections and access to compensation for workers.

A TUC report demonstrated that 5% of those questioned revealed that they had lost their jobs as a result of the impacts of long COVID.

Under the Equality Act 2010 it is unlawful discrimination to treat an employee or worker less favourably due to a “protected characteristic”. Disability is a named protected characteristic under the Act. Some conditions and diseases are automatically deemed by legislation to amount to a disability, including cancer, multiple sclerosis and blindness. Other conditions can be regarded as a disability, and therefore afforded the protection of the Equality Act 2010, but only if the definition in section 6 of the Equality Act 2010 is made out. This poses four essential questions:-

  • Does the person have a physical or mental impairment?
  • Does that impairment have an adverse effect on their ability to carry out normal day to day activities?
  • Is that effect substantial?
  • Is that effect long-term?

It is necessary to carefully analyse each question and support it with medical evidence. It is entirely possible that a person with long Covid could satisfy the above requirements. But it would give individuals with the condition much greater protection if it was one of the conditions deemed to be a disability, like cancer. The hoops in section 6 would then not have to be gone through.

There are various ways in which an employer can unlawfully discriminate as a result of a person’s disability. This protects workers, employees and job applicants:-

Direct disability discrimination: being treating less favourably than others because of a disability.
Discrimination arising from a disability: treating someone unfavourably because of something arising in consequence of disability without objective justification.

Indirect disability discrimination: Applying a provision, criterion or practice that disadvantages someone with a disability without objective justification.

Reasonable adjustments: Failing to comply with the duty to make reasonable adjustments where a person with a disability is placed at a substantial disadvantage.

Harassment: subjecting someone to harassment related to disability.

Victimisation: Victimising someone because they have made or intend to make a disability discrimination complaint, or because they have done or intend to do other things in connection with the Equality Act 2010.

For detailed advice on all types of discrimination and related claims please contact our employment specialist, Jennifer Carpenter, solicitor and partner.

Covid -19 Policy

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Adams Harrison Covid-19 Policy

29th Sept 2020

Keeping you safe, keeping us safe:

  • Please only attend at our offices by prior arrangement.
  • Our offices remain closed to the public except by prior appointment. We continue to provide telephone or video conferencing appointments.
  • Please come to your appointment alone unless you are instructing Adams Harrison with others. You should only attend in any event with others from one other household than your own, in line with the current Government Guidance.
  • All visitors must wear a face covering when entering our offices. If you consider you are exempt from wearing a mask then a face to face appointment will not be possible. Your consultation with us will need to take place remotely. Therefore, please advise at the time of making your appointment if you are unable to wear a mask so an appointment by remote means is arranged.
  • All visitors to our offices will have their name and contact details recorded. This is in line with Government regulation and linked to “Track and Trace” requirements. The information will be retained for a minimum of 21 days.
  • To maintain a Covid 19 free environment for all visitors and staff, if any of our colleagues complain of feeling unwell and/or exhibit Covid 19 symptoms, they will be asked to undergo a simple, contactless temperature test. The outcome of this will determine whether they remain at work or are directed to return home to self isolate.
  • We have Perspex screens in our interview rooms. These help keep you and us safe.
  • Please try to arrive on time. Try to avoid arriving early or late for the purpose of social distancing.
  • Please wash your hands thoroughly before leaving home and come straight to our office.
  • If travelling via public transport to our office please adhere to the Government requirement to wear a face covering.
  • Hand sanitiser will be available and all visitors will be requested to sanitise their hands when entering and leaving the office.
  • Initially, we will be working without our reception team and will not be opening our waiting rooms. Therefore, upon arrival please telephone the office or ring the bell so that you can be given access to our office by the person you are meeting.
  • In the Saffron Walden office please attend at the rear door to gain entry. In Sawston and Haverhill please use the front door on the High Street.
  • Please avoid touching surfaces in our office unnecessarily.
  • Toilet facilities will not be made available during your visit.
  • We will keep at least 1.5 metres social distance from you during the consultation.
  • After each appointment the desk, chairs and door handles of the meeting room used will be cleaned using anti bacterial surface wipes.
  • We will be scheduling less appointments per day than normal to comply with social distancing regulations and to allow for cleaning between appointments.
  • You will be invited to leave our office as soon as possible after your appointment to aid in social distancing.
  • If you need to make payment we would prefer this to be carried out on line or by telephone. We will not, however be accepting cash payments.

Be alert for COVID-19 symptoms and please do NOT attend but instead reschedule your appointment if: you are experiencing any signs & symptoms of COVID-19 (cough, sore throat, tiredness, fever, loss or change in sense of smell and/or taste), or exposure to anyone with suspected or diagnosed COVID-19 in the last 14 days.
If you are currently shielding or self-isolating and would like any help or legal advice please call us as we can assist you with telephone advice.
Be safe and keep well.

If you are currently shielding or self-isolating and would like any help or legal advice please call us as we can assist you with telephone advice. Be safe and keep well. For any enquiries please call: 01799 523441 or 01440 702485 or 01223 492160 or e-mail: enquiries@adams-harrison.co.uk

Be safe and keep well.