Protect Yourself, Know Your Legal Rights Whilst Working In A Covid19 Positive Care Home Environment!

Hi Everyone, I hope you are all safe and well. This blog has been written in response to lots of people asking and telling me about some really bad breaches of practice in some care home where there are Covid 19 positive residents and colleagues.

In this heightened time of us all facing a major pandemic employers are doing their best to keep business open and running and this has an impact on staff in two ways  if costs are being kept down more demand on staff is being placed and misusing their power to shift the costs and burdens of this pandemic onto their employees.

As AC's, carers and all who work in the social care sector  we are all deemed to part of the essential key workers who are encouraged by government in the UK, to go to work and keep the country running. Which I applaud and agree with but I have been hearing of some terrible breaches of  practise which is placing workers and residents in danger  in this time.




Your Legal Right's (in the UK)

If you failed to turn up for work , employer authorisation and sickness aside this would be a breach of contract,and could lead to disciplinary action or even dismissal without notice.
The current Covid 19 alters this drastically in various ways-

1. For employers who want staff to come to work may themselves be breaching the implied duty of care in tort and contract. In either case, staff can resign and pursue a claim for constructive dismissal.

2. If employees -you, go to work and contract Covid19 as a consequence they can sue for the loss and injury caused by their employer's breach. But bear in mind you would need to prove that you caught it as a direct result of your's employer's breach.

3. You have every right to not to be made to work by your employer's attempts make you work  without needing to quit. Under the  Employment Right's Act 1996 (ERA) , employees have a right not to be subject to detriments (s. 44(1)(d) or dismissals (s.100(1)(d) for leaving or refusing to return to work where they reasonably believe this is a serious and imminent danger which could they could not reasonably have been expected to avert.
If you believe this is the case and even your commute to work puts you at danger  due to Covid 19 you can stay at home while continuing to be entitled to full pay.

4.Any detriments to you by your employer in response to this would be unlawful, say if they took disciplinary action against you or any pay reduction it would be unlawful under ERAs.44(pay deductions will be  unauthorised deductions. Same with dismissal this would be deemed automatically unfair under  ERAs.100. Both these apply from day one of employment.

5. If you are a member of a union contact them for advice and support.

6. Report concerns to your local Adult Social Services team, Safeguarding Team and CQC.

So inclusion, if you feel unsafe and wish to remain at home you have every right , even if your employer  insists the risk is minimal and you have full PPE, as the current pandemic is deemed an imminent danger.
If you genuinely feel and  believe you are in danger by going to work you have every right to stay home without  fear of reprisals from your employers. 

I hope this help you to clarify your position for those of you faced with this situation. I am by no means a legal expert so I would suggest you seek professional advice if you feel you need to.

Until next time keep shining and remember your worth. Do you like what I have shared?  

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Until next time, keep safe and keep shining.
Love,
Ann Marie x

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