An employee has stated that they feel at risk commuting and coming into work while the coronavirus is still circulating. In refusing to come to work the employee has cited protection “under section 44”. What is this and what should we be doing?

Q

An employee has stated that they feel at risk commuting and coming into work while the coronavirus is still circulating. In refusing to come to work the employee has cited protection “under section 44”. What is this and what should we be doing?

A

Section 44 refers to s.44 of the Employment Rights Act 1996, which covers grounds for protection for employees. This derives from EU legislation, specifically, Article 8(4) of the Framework Directive 89/391/EEC.

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