EMPLOYMENT

Most civil disputes are resolved by compromise.  The tribunal system has increasingly encouraged settlement and alternative dispute resolution to reduce litigation.  Since April 2014 it is now a requirement to try to settle cases before bringing them to Tribunal through the ACAS early conciliation scheme.

Through settlement, parties can avoid the uncertainty of the trial process, save cost, achieve a quicker solution, avoid publicity and agree remedies outside of the tribunals powers (such as agreed references and post termination restrictions).

Settlement agreements are not uniform and the terms are dealt with once negotiations have taken place.  Common settlement agreement terms include:

• Notice pay and any holiday pay due;
• Contractual benefits, bonuses and shares;
• Termination payment value (compensation or ex-gratia payments);
• Non-Disclosure Agreements;
• Waiver and settlement of employment claims;
• Tax position of payments;
• Notice Pay;
• Legal costs;
• Warranties from the employee;
• Repayment of termination payment from the employee if they commence a claim or breaches the agreement

In March 2020 the government introduced the Coronavirus Job Retention Scheme (CJRS) to help employers pay their employees during the pandemic.

Furlough itself is a leave of absence from work. 

In the current circumstances, to be furloughed means to be on a leave of absence from work whilst being paid under the CJRS.

If you cannot work from home then your employer will likely have put you on furlough, otherwise the company may have no choice but to end your employment.

The reason why you are unable to work from home should be explored by you and your employer.  If there are adjustments that could be made that are reasonable then there could be an expectation that your employer assists you.

Yes if you receive occupational maternity pay from your employer.
Government guidance states women can be on furlough and maternity leave so the employer can receive the costs of occupational maternity pay.
However, whilst on maternity leave you are only entitled to occupational maternity pay, there is no entitlement to normal pay during the leave.

Your employer claims the Statutory Maternity Pay from HMRC and claim any additional occupational maternity pay to you from the furlough scheme.

Whilst it may be tempting to end maternity leave early to get onto the furlough scheme, once the scheme ends you will be expected to return to work immediately.  You cannot go back onto maternity leave when the scheme ends.

Furloughed employees retain their statutory rights, including their right to Statutory Sick Pay. This means that furloughed employees who become ill, due to Coronavirus or any other cause, must be paid at least Statutory Sick Pay. It is up to employers to decide whether to move these employees onto Statutory Sick Pay or to keep them on furlough, at their furloughed rate.

Employers are also entitled to furlough employees who are off on long-term sick leave. It is up to employers to decide whether to furlough these employees. Such an employee can continue to be furloughed from 01 July so long as you have previously submitted a claim for them in relation to a furlough period of at least 3 consecutive weeks taking place any time between 01 March 2020 and 30 June.

Your employer should have a policy to deal with discrimination in the workplace.  This will likely involve an internal grievance procedure which should be followed.

If matters cannot be resolved internally individuals can contact ACAS who will seek to mediate.  If there is no resolution then it may be necessary to bring a claim in the Employment Tribunal.

Employers should be applying a fair selection process which they should be able to explain to their employees.  If the process was discriminatory an employee can potentially bring a discrimination claim to the Employment Tribunal.

If your role is being made redundant, you might be eligible for certain things, including:

• redundancy pay (eligible only with 2 years of continuous service)
• a notice period
• a consultation with your employer
• the option to move into a different job
• time off to find a new job 

Redundancy must be selected in a fair way, such as your capability to do the job.

Selection cannot be based on protected characteristics such as age, gender, or if you’re disabled or pregnant. If you are, this could be classed as an unfair dismissal.

Employers do not have to follow the ACAS code when they make redundancies but they do have to make sure that the selection process was fair.

The tribunal will look at whether:

• there was a genuine need to make redundancies;
• they followed a fair procedure for consulting the workforce and selecting people for redundancy
• the decision to select you was fair
• your employer made reasonable efforts to find you alternative employment elsewhere in the company.

No, if your job still exists then it is not likely to be a genuine redundancy.