The Workplace Relations Commission (Republic of Ireland) recently found that an employee had been unfairly dismissed when her employer rejected her request for remote working in response to the COVID-19 pandemic.
The employee worked for a company who worked on-site at a university client's premises. The employer required its employees to be on site and those employees raised health and safety concerns associated with the COVID-19 pandemic, along with a formal grievance. In particular the employee was particularly worried about contracting COVID-19 and passing it on to family members with underlying health conditions.
Following a period of sickness absence due to stress, the employee requested that she be permitted to work from home. Her request was denied and she resigned claiming that she was constructively dismissed. The Workplace Relations Commission agreed.
This raises some really interesting legal questions on whether the same decision may be reached here in the UK.
Employers have a duty to look after the health and safety of their employees and should start by ensuring they have undertaken a proper risk assessment to manage the risk of coronavirus, if the workplace is not safe then alternatives, including working at home, must be implemented.
If you have any concerns, please do not hesitate to reach out to me for a quick chat about your obligations and the risk to your business.
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