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Just come across this blogpost by @employmentwrite on ss44/100 claims. It'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/
Of course, we still don't know whether employees who stay at home in s44 circumstances are entitled to pay. Many (including @thebigbogg) say they probably are. I'm not so sure; I think it's very finely balanced, for reasons I've gone into many times.
What we *do* know is that many employers won'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'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:
