Read on Twitter
THREAD:
**What the law says about being sacked for refusing to work for fear of contracting Coronavirus (this is not legal advice, only opinion)**
Under section 100 (d) ERA 1996 workers will be found to be automatically unfairly dismissed if the sole or principal reason...
**What the law says about being sacked for refusing to work for fear of contracting Coronavirus (this is not legal advice, only opinion)**
Under section 100 (d) ERA 1996 workers will be found to be automatically unfairly dismissed if the sole or principal reason...
...for dismissal is because the worker left or proposed to leave work and refused to return because they felt being at work posed a serious and imminent danger to themselves which could not be reasonably averted.
Under this legislation you'd have a very strong argument that...
Under this legislation you'd have a very strong argument that...
...you should be protected from dismissal if you refused to work for fear that you might contract Coronavirus. As long as you communicated the reasons to your employer & resonably believed them and it was reasonable to believe them, then it doesn't matter if your employer....
... doesn't agree or thinks you're overreacting.
As the EAT has said in such cases “the mere fact that an employer disagreed with an employee as to whether there were (for example) circumstances of danger, or whether the steps were appropriate, is irrelevant.”
As the EAT has said in such cases “the mere fact that an employer disagreed with an employee as to whether there were (for example) circumstances of danger, or whether the steps were appropriate, is irrelevant.”
... If your employer dismisses you and you took your employer to an employment tribunal and won, you would receive the following:
-A basic award of between the minimum of £6,408 and the maximum of £15,750...
-A basic award of between the minimum of £6,408 and the maximum of £15,750...
... -A compensatory award which, unlike normal unfair dismissal cases, has no statutroy cap. This would include compensation, with certain caveats, for all your lost wages until and even beyond the final hearing at tribunal...
... That said, for low wage jobs the tribunal thinks could have ben replaced reasonably quickly they will generally only award a few months worth of wages as compensation. Plus the compensation could be increased by up to 25% if your employer didn't follow the ACAS Code...
...And you could get around £500 for your loss of statutroy rights.
-A reinstatemt or re-engagement order which, if ignored, would lead to an amount of compensation equivalent to a minimum of 26 weeks pay or £13,650 and a maximum of 52 weeks pay or £27,300, whichever is lower..
-A reinstatemt or re-engagement order which, if ignored, would lead to an amount of compensation equivalent to a minimum of 26 weeks pay or £13,650 and a maximum of 52 weeks pay or £27,300, whichever is lower..
... And legal remedies aside, if you were sacked for refusing to work for fear of contracting Coronavirus I'm sure a lot of people would support you in any sort of direct action deemed neceaaary to force your boss to rehire you and compensate you. END.
*Additional point to above thread.* Under section 100 (e) ERA 1996 it would be automatically unfair to dismiss you for taking steps to protect others from danger, so you could also be protected from dismissal for refusing to work for fear of giving the virus to others
