Can an Employee Bring an Action Against an Employer for Non-Compliance with a Movement Control Order in the UK?

Question from AS, Can an Employee Bring an Action Against an Employer for Non-Compliance with a Movement Control Order in the UK?

Answer from AI:

In the UK, the law provides certain protections for employees in situations where they may be asked to work in conditions that are unsafe or in violation of government orders. In the scenario you’ve described, the individual may have grounds to bring an action against their employer, but it’s important to consult with a legal professional for personalized advice.

Employment Rights Act 1996

Under the Employment Rights Act 1996, employees have the right not to be subjected to any detriment by any act, or any deliberate failure to act, by their employer. This includes situations where the employee reasonably believes that being in the workplace would put them in serious and imminent danger.

In this case, the individual could argue that they were subjected to a detriment (the threat of demotion) for refusing to violate the Movement Control Order (MCO).

Constructive Dismissal

The individual’s resignation could potentially be considered a case of constructive dismissal. This is when an employee resigns because their employer’s conduct has fundamentally breached their employment contract.

• The individual would need to show that their employer committed a serious breach of contract.
• The individual must have resigned in response to that breach.
• The individual must not have done anything to suggest they accepted the breach or change in employment conditions.

Health and Safety at Work Act 1974

The Health and Safety at Work Act 1974 also places a duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees.

If the employer insisted on the individual coming to work during the MCO, without providing a safe working environment or the necessary permissions, they could potentially be in breach of this duty.

Seeking Legal Advice

It’s important to note that this is a complex area of law and the individual’s ability to bring an action against their employer will depend on the specific circumstances of their case.

It’s strongly recommended that the individual consult with a legal professional who can provide personalized advice based on a detailed understanding of the situation. Legal professionals can help to assess the strength of the case, advise on potential remedies, and guide the individual through the process of bringing an action against their employer.