“Do I have to work if there is a Covid risk?” Many people are asking themselves that question.
If you lose your job because you refuse to go to into the workplace because you believe it’s unsafe, you might be able to claim for automatic unfair dismissal. That’s what Mr Rogers below did however he lost his case because he didn’t follow the correct steps.
Here’s the story and what you can learn from it.
What happened
Mr Rodgers worked as a laser operator at Leeds Laser Cutting Ltd.
A colleague started displaying symptoms of Covid-19 and was sent home to isolate. A few days later, Mr Rodgers developed a cough.
He sent a text message to his employer to say he would stay home until lockdown eased. In the message, he didn’t mention his colleague or any concerns about working conditions. Rather, he said he needed to self-isolate to protect his two young children from infection, especially because one had sickle-cell anaemia and the other was a baby.
Mr Rodgers was dismissed about one month later, and went on to claim automatic unfair dismissal under the health and safety clause of the Employment Rights Act 1996. (He hadn’t worked at the company for more than two years, so he couldn’t make a claim of unfair dismissal except on the basis of health and safety.)
He argued that he believed there was “serious and imminent danger” related to Covid-19 and that he was taking appropriate steps to protect himself and others.
Why he lost his claim
The Tribunal found in favour of his employer because:
- Mr Rodgers didn’t raise any concerns with his boss about his belief there was imminent danger in the workplace
- If he felt unsafe, it would have been reasonable for him to have mentioned it, or refused to carry out certain tasks, but he didn’t
- The company had informed and reminded staff about safety measures including social distancing, PPE and hand-washing
- Mr Rodgers had driven a friend to hospital when he was supposedly self-isolating
What this means to you
It’s true that Covid-19 poses a “serious and imminent threat” to public health, but that doesn’t mean that everyone can refuse to work on this basis.
If there is a specific health and safety risk at work, for example, your employer is not complying with government guidance about social distancing, PPE and hand-washing, you might reasonably believe there is a serious and imminent danger in the workplace.
In that case, you can raise a formal grievance, ask to stop performing specific tasks, or try to work from home if possible, and your employer should consider your request seriously.
General concerns about Covid-19 are not enough on their own. If you believe that going into work puts you or others in danger, and you lose your job as a result of this, you have the right to claim unfair dismissal.
Every case is considered on its own facts and merits, so it’s wise to get advice from an employment lawyer who has experience in these matters. We can help with that.
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