During the Coronavirus pandemic there has been a big impact on employee rights such as the right to be paid and the right to health and safety in the workplace. Companies from all sectors including construction have had to meet new guidelines to ensure their places of work are COVID secure and that their employees can work safely.
According to data from HMRC, construction firms have claimed more than £2.9bn through the government’s Coronavirus Job Retention Scheme. Throughout the UK, construction companies have claimed nearly 10% of the total £30.9bn that has been paid through the furlough scheme.
As contractors bring staff back into work and off furlough, employees working in the construction industry are likely to have questions about their employee rights. Let’s take a look at some of the most frequently asked questions.
Can you be forced to return to work if you are vulnerable or a danger to a vulnerable person?
If you yourself or someone you live with falls within the vulnerable category and your employee attempts to make you attend work it could be unlawful and could subject you to one or more of the following:
- Age, pregnancy or disability discrimination
- Constructive dismissal
- Breach of health and safety law
If possible, your employee should instead offer you the opportunity to work from home or make alternative arrangements that enable you to perform your job.
What is furlough leave?
Furlough leave or the Coronavirus Job Retention Scheme as it is otherwise known is a scheme that has been made available to businesses that have been affected by COVID-19. The government paid employer’s 80% of each employee’s salary up to £2,500 a month until the end of August. These payments will reduce to 70% in September and 60% in October.
You have to agree to go on furlough and receive a reduced wage, your employer cannot make you go on furlough but if you don’t agree your employer could make you redundant.
Can you be dismissed while self-isolating?
If you are self-isolating, your employer can start disciplinary action against you for refusing to work, but legally they cannot dismiss you and if they were to dismiss you it would automatically be unfair dismissal under the Employment Rights Act 1996.
Can your employer reduce your salary?
Yes, as long as they are justified. Employers asking their employees to take a pay cut has been common throughout the pandemic and provided the same is being asked of other employees it is justified.
Employers may also issue you with another contract setting out the new terms such as salary and notice period and if you do not agree to work to the new terms they could terminate your employment at the end of your notice period.
Work with Fairmead
Whether you need skilled construction professionals, compliant workforce support or your next role, speak to the Fairmead team.
