Articles Employment

Welcome to our latest employment law update bringing you up to speed with this month’s key cases and developments.

In this month’s employment law update, we report on cases involving an employee refusing to attend work during the lockdown, the admissibility of documents at a remedies hearing and whether a COT3 Agreement settled a claim lodged after the COT3 was entered into. We also report on recently released statistics on the levels of compensation awarded in the Employment Tribunal.

Employee dismissed for failing to attend work due to COVID-19 concerns was not unfairly dismissed

The pandemic saw instances of employees being dismissed for refusing to attend work due to concerns about catching Covid-19. A number of these employees claimed to have been automatically unfairly dismissed because they had been dismissed either:

• in circumstances of danger which the employee reasonably believed to be serious and imminent and which he could not reasonably have been expected to avert, he left (or proposed to leave) or (while the danger persisted) refused to return to his place of work or any dangerous part of his place of work, (s100((1)(d) Employment Rights Act 1996); or
• in circumstances of danger which the employee reasonably believed to be serious and imminent, he took (or proposed to take) appropriate steps to protect himself or other persons from the danger (s100((1)(d) Employment Rights Act 1996).

We have now seen the first decision at Court of...

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