Just come across this blogpost by @employmentwrite on ss44/100 claims. It& #39;s an excellent exposition on the problems faced by workers who are scared of going into work - https://employmentwrites.com/2020/11/07/how-the-employment-rights-act-is-not-fit-for-purpose-in-a-world-of-lockdowns/">https://employmentwrites.com/2020/11/0...

Of course, we still don& #39;t know whether employees who stay at home in s44 circumstances are entitled to pay. Many (including @thebigbogg) say they probably are. I& #39;m not so sure; I think it& #39;s very finely balanced, for reasons I& #39;ve gone into many times.

What we *do* know is that many employers won& #39;t pay employees staying at home under s44 because they (a) want to wait till the courts opine; (b) see cashflow benefits in waiting >1 year to be sued and to get judgment; and (c) don& #39;t want to encourage other employees to do the same.

Perhaps the best option for employees in those circumstances is to see whether they can elevate their claim to a whistleblowing one, resign, claim constructive dismissal and seek interim relief. I recorded a video on that, here: https://www.youtube.com/watch?v=yeV6JWojyV4">https://www.youtube.com/watch...