Covid-19 Change in employment contract Lay Offs/Short Term working

[Mary_Rose]

Hi All

Looking for legal advice please.
My employer wants to add a variation to my employment contract in relation to the Covid-19 and subsequent lays offs and short term working. Currently there is nothing in the contract to reference this.

I am happy to accept this variation in my contract in relation to the Covid-19 epidemic, but they have also incorporated within this clause the reference to "any other pandemic or epidemic" - so if there is another/any pandemic or epidemic the Lay offs/Short term working clause will apply.* Should this be on a case by case basis as and when/if the next pandemic/epidemic hits?

With Covid-19 the Government have implemented the Job Retention Scheme paying 80% of an employees salary, but with regards to "any other pandemic or epidemic" we do not know what or if the Government will be offering any support so what implications are there by accepting this change to my contract in reference to "any other other pandemic or epidemic"

What are the implications of me agreeing to this clause in relation to the "any other pandemic or epidemic"

Thank you

[Amethyst]

Could you give the clause proposed in full please?*

[Mary_Rose]

Could you give the clause proposed in full please?

In the event of a disruption to the provision of work and as such a reduction in work for the business, for which you are employed, caused by Covid-19 or any other pandemic or epidemic affecting normal business working in relation to your employment and the work you are employed to do, the Company reserve the right to temporarily lay you off from work or reduce your normal working hours.
Any lay off will be without contractual pay and subject to the statutory guarantee payment for the relevant period at the current statutory rate.* Any reduction in your normal working hours will be proportioned out accordingly.

[ULA]

Hi, I am seeing more of these types of clauses in various forms being introduced, mostly as part of a variation due to furlough. However as you say this one is more wide reaching than just the current COVID19 situation we are facing.

What consultation has your employer gone through with you in regard to this variation and does this form part of being put on furlough?

Given the unprecedented situation the government has stepped in with various schemes to support businesses and individuals, however whether that would happen for any f

uture pandemic or epidemic who knows.

Therefore, if you agree to this clause and either of these events occurred again (fingers crossed they do not) then, if there is disruption to the business, they can either lay you off and you would receive the

statutory guarantee payment which is currently a maximum of £29 for 5 days or

you would be put on short-time working in which case you would get pro-rata your normal pay.*

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[Mary_Rose]

Hi, I am seeing more of these types of clauses in various forms being introduced, mostly as part of a variation due to furlough. However as you say this one is more wide reaching than just the current COVID19 situation we are facing.

What consultation has your employer gone through with you in regard to this variation and does this form part of being put on furlough?

Given the unprecedented situation the government has stepped in with various schemes to support businesses and individuals, however whether that would happen for any f

uture pandemic or epidemic who knows.

Therefore, if you agree to this clause and either of these events occurred again (fingers crossed they do not) then, if there is disruption to the business, they can either lay you off and you would receive the

statutory guarantee payment which is currently a maximum of £29 for 5 days or

you would be put on short-time working in which case you would get pro-rata your normal pay.

Thank you.* Should it happen again, would I have a choice?* If I said I only accept this in relation to the current Covid-19, and like you say it happens again, what can they do? Send me a further variation to contract request?* And if the Government dont help out next time, and I only accept this in relation to the current Covid-19 what then?* Very confused!**

[ULA]

If you accept this variation, then the clause can be enforced for any future pandemic or epidemic that results in the business having to lay you off or put you on short -time working - there would be no need to put a new variation in place.

You could go back to your employer and say you will only accept the clause in relation to COVID19 and they will either agree or not.

If they do not agree please be aware that if your employer has given reasonable and due consideration to objections and alternative suggestions that you put forward, but deem those suggestions to be unworkable, then they can terminate your original contract and offer a new one in its place on new terms which would in all probability include this clause.

If you do not agree to the changes, then you must make it clear to your employer. You should do this in writing, sign and date your letter, and keep a copy. This letter will count as a written grievance.

If you don’t tell your employer you disagree with a change, this will be taken to mean that you’ve accepted it. You should do this straight away, or as soon as possible after the change has been introduced.

You can continue to work 'under protest' for a while but you can’t do this indefinitely without taking further action. This may mean making a claim to an employment tribunal, or, in some extreme situations, resigning from your job and claiming 'constructive unfair dismissal’.

If you don’t want to do either of these things, you may eventually have to accept the changes to your contract. There are strict time limits for making a claim to an employment tribunal.


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