The emergence of the COVID-19 pandemic in late 2019 unleashed a tidal wave of disruption across the globe, impacting virtually every aspect of human life. One of the most profoundly affected areas has been the job sector. As the virus spread rapidly, governments worldwide implemented various measures to contain its transmission, including lockdowns, social distancing protocols, and travel restrictions. While these measures were necessary to safeguard public health, they profoundly affected economies and labour markets worldwide.
The COVID-19 pandemic swiftly transformed the job sector, triggering a cascade of challenges and uncertainties for employers, employees, and job seekers alike. From widespread layoffs and business closures to shifts in remote work dynamics and heightened demand for essential services, the pandemic reshaped the employment landscape in unprecedented ways. Understanding the multifaceted impacts of COVID-19 on the job sector is vital to comprehending its effects and formulating effective responses to mitigate its consequences.
The COVID-19 pandemic has brought about unprecedented health challenges and significantly impacted the global economy, leading to widespread job insecurity and employment disruptions. In the United Kingdom, navigating the complex landscape of employment law during these uncertain times can be daunting for employers and employees. One pressing question is whether employment termination is permissible during a pandemic.

Employment Rights in the UK:
The UK has a robust legal framework that governs employment relationships and protects the rights of workers. Key legislation such as the Employment Rights Act 1996, the Equality Act 2010, and the Health and Safety at Work Act 1974, among others, set out the rights and responsibilities of both employers and employees.


Dismissal During a Pandemic:
Employment termination during a pandemic must adhere to the principles outlined in UK employment law. While the law permits dismissal under certain circumstances, such as misconduct or redundancy, employers must ensure that any termination is fair and lawful.
In February 2020, the employment rate was 76.6%, the unemployment rate was 4% (or roughly 1.36 million unemployed), and the level of economic inactivity was at a “record low” of 20.2%. Between April and June 2019, the regular pay rate increased to 3.9%; however, from that point on, it slowed to 2.8% between December 2019 and February 2020. Since the coronavirus only became apparent at the end of the first quarter of 2020, data for the subsequent period—such as an early estimate of a 1.6% decline in paid work from March to April 2020—may provide a better picture of the virus’s impact on employment. The impact of the pandemic on work was partially illustrated in June 2020 Labour Market Overview. Since March 2020, the number of payroll employees has decreased by 2.1%. In May 2020, there were 2.8 million people claiming benefits (those who are unemployed, those with low incomes or hours worked, and those working)—a 23.3% increase from April and a 125.9% increase from March 2020. There were 8.9%, or 94.2 million, fewer hours worked between February and April 2020 compared to the same period in the previous year.

The World Health Organization (WHO) declared that Covid-19 had become a pandemic on March 11, 2020. The UK government initiated a sequence of actions on March 17, 2020. In reaction to the Covid-19 pandemic, it made GBP 330 billion (or 15% of the nation’s GDP) available at that time. It seems that the government conferred with labor and business organizations (like the Trade Unions Congress (TUC)) when drafting these plans. It’s unclear how much of an impact this engagement has.

Unfair Dismissal Framework
There are statutes like Employment Rights Act of 1996 (“ERA 1996”) to safeguard the employees from any kind of unfair dismissals after erving the relevant two-year qualifying period of service.

The dismissal of a qualifying employee will be unfair unless the tribunal considers that the employer acted reasonably in treating that reason as a sufficient reason for dismissal under all the circumstances (including the employer’s size and administrative resources) (section 98(4), ERA 1996). The employer may prove that one of the five potentially acceptable reasons—capability or qualifications, conduct, redundancy, breach of a statutory duty or restriction, or SOSR—was the primary cause of the dismissal (section 98(1) and (2), ERA 1996).
Some types of dismissals are also considered “automatically unfair,” and in many of these situations, workers can file a claim without having to work for a certain amount of time. These include requests for flexible work schedules and terminations related to health and safety initiatives, both of which are pertinent to COVID-19. An employee who did not complete the required amount of service, for instance, may file a claim for automatic unfair dismissal if they were fired for:
(a) informing employers of conditions at work that they sanely believe endanger or may endanger health and safety;
(b) quitting their job or declining to report for duty in situations where they have a good basis to believe there is a grave and immediate risk that they are not reasonably expected to avoid; and
(c) acting appropriately to safeguard others or themselves in situations where they have a reasonable belief that danger is severe and imminent (section 100, ERA 1996).
Legal remedy for employees :
Employees who believe they have been unfairly dismissed during the pandemic can seek recourse through employment tribunals. The tribunal will assess whether the dismissal was fair and lawful based on the circumstances and applicable legislation. Employees have the right to challenge dismissals that they believe contravene their legal rights.

Legal Stand of Employment Tribunals:
In Cowie and ors v. Scottish Fire and Rescue Service, the EAT considered the requirements for becoming eligible for a paid special leave program designed for workers who are unable to work because of vulnerability or childcare needs.
Last year, there was a threefold increase in employment tribunal claims citing health and safety concerns. If an employee reasonably believes that there is a serious and imminent danger to their health and safety at work, they can exercise their right to leave the workplace and take protective measures, and they won’t be fired for doing so under Section 100 of the Employment Rights Act of 1996.
The Employment Tribunal upheld the tribunal’s ruling in Rodgers v. Leeds Laser Cutting Ltd., holding that section 100 did not automatically apply to an employee dismissed for refusing to return to work during the coronavirus pandemic.

According to the EAT, it is not necessary for the workplace to create the dangerous conditions or for any harm that might result from the dangerous conditions to happen to the employee, their coworkers, or the employee itself. The COVID-19 pandemic may have met the ‘circumstances of danger’ requirement under s100 because it may have created at least some circumstances of danger at work and elsewhere. Nevertheless employees cannot use section 100 as a justification to refuse to work under any circumstances, even though COVID-19-related conditions may, in theory, amount to circumstances of serious and imminent danger.

Conclusion:
Navigating employment law during a pandemic presents challenges for both employers and employees in the UK. While termination of employment is permissible under certain circumstances, it must be conducted in accordance with the principles of fairness, non-discrimination, and adherence to health and safety regulations. Employers should seek legal advice to ensure compliance with relevant legislation, while employees should be aware of their rights and options for recourse in the event of unfair dismissal. In these uncertain times, understanding and upholding employment law is essential for maintaining fair and respectful workplace practices.


https://www.partnerslaw.co.uk/news/does-the-failure-to-allow-an-employee-to-be-accompanied-during-a-discipl
inary-hearing-in-itself-render-the-dismissal-substantively-unfair-or-if-not-substantively-unfair-procedurally-so
https://conventuslaw.com/report/uk-covid-19-case-law-when-will-a-dismissal-be-fair


https://www.legislation.gov.uk/ukpga/1996/18/contents