Personnel Today
  • OHW+
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • Jobs
  • Personnel Today

Personnel Today

Register
Log in
Personnel Today
  • OHW+
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • Jobs
  • Personnel Today

Reasonable adjustmentsShieldingCoronavirusDisability discriminationLatest News

Firms face legal ‘minefield’ when staff return to work

by Ashleigh Webber 12 May 2020
by Ashleigh Webber 12 May 2020 Shutterstock
Shutterstock

Employers face a ‘minefield’ of legal risks when they bring staff back into the workplace, especially if they ask workers to return too quickly or fail to take individuals’ circumstances into account.

The warning came from law firm GQ Littler, which said organisations could find themselves being taken to an employment tribunal for issues including disability discrimination, health and safety breaches, automatic unfair dismissal, or indirect sex discrimination if they adopt a “one-size-fits-all” approach to the return to work.

Return to work

Covid-19 Secure guidance: Employers should publish risk assessments

‘Businesses must be vigilant on employee stress as lockdown eases’

Return to work: will hot desking go cold?

Partner Sophie Vanhegan advised firms to tread carefully to avoid reputational damage or having to defend costly tribunal claims.

“Employers are embarking on an unprecedented process and that means a minefield of potential legal risks for employers to navigate here, alongside how practically to get their employees comfortable with returning to the workplace,” she said.

“Disputes are bound to arise if employers try to apply a one-size-fits-all approach regardless of employees’ individual circumstances. Coronavirus is a hugely important health issue and consequently, highly emotive.”

The law firm warned employers to be cautious when asking staff with pre-existing conditions to return to work, especially if they are shielding according to government guidance. A claim for disability discrimination could arise if staff are placed on unpaid leave or dismissed if they cannot work from home while shielding, or employers could face claims for failing to make reasonable adjustments if they do not consider altering employees’ tasks to enable them to work from home.

“We may also see a spike in complaints of indirect sex discrimination as employers attempt to get staff back into the workplace if normal childcare providers and schools remain fully or partly closed, and any working arrangements requiring employees to be back in the office or working particular hours place women at a particular disadvantage which cannot be justified,” said Vanhegan.

Claims could be made because of a litany of working environment issues. For example, if workspaces are not adapted so that employees can comply with social distancing guidance, or if employers phase the return to work too quickly.

An employee may also bring a claim of automatic unfair dismissal if they can prove that they were dismissed after refusing to attend work because they thought it would place them in serious and imminent danger.

Organisations should be aware of the protections offered to whistleblowers, the law firm said, as a complaint that a workplace is unsafe could amount to a protected disclosure.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

“At this juncture, employers need to ensure they reopen their workplaces in accordance with government guidance and carefully consider the practical implications and logistical issues for their workplaces. This must be done alongside carefully ascertaining their employees’ individual circumstances before requiring staff to come back into the workplace,” Vanhegan said.

Employee relations opportunities on Personnel Today

Browse more Employee Relations jobs

Ashleigh Webber

Ashleigh is a former editor of OHW+ and former HR and wellbeing editor at Personnel Today. Ashleigh's areas of interest include employee health and wellbeing, equality and inclusion and skills development. She has hosted many webinars for Personnel Today, on topics including employee retention, financial wellbeing and menopause support.

previous post
Furlough extended to October and part-time working allowed
next post
One in four construction workers has thought about suicide

1 comment

Alison Curtis -MCIPD 13 May 2020 - 2:08 pm

There’s also a risk of disability or associative disability claims being made under the Equality Act 2010 if employers fail to make reasonable adjustments at work or decline a request for statutory parental or other unpaid leave.

Comments are closed.

You may also like

Restaurant tips should be included in holiday pay

21 May 2025

Fewer workers would comply with a return-to-office mandate

21 May 2025

Redefining leadership: From competence to inclusion

21 May 2025

Pay awards in real terms could fall for...

21 May 2025

Ryanair demands flight attendants pay back salary increase

21 May 2025

Consultation launched after Supreme Court ‘sex’ ruling

20 May 2025

Uncertainty over law hampering legal use of medical...

20 May 2025

Black security manager awarded £360k after decade of...

20 May 2025

Employers ‘worryingly’ ignorant about stress risk assessments

20 May 2025

UK and EU agree to collaborate on ‘youth...

19 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • OHW+
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • Jobs
  • Personnel Today