Leicester Lockdown – What Does It Mean For Employees?

Laura Kearsley

Lockdown measures are being re-introduced in Leicester and some surrounding areas due to a steep rise in coronavirus cases.

Details of the measures were revealed throughout the day, yesterday, and it’s clear that within the lockdown area non-essential retail was not permitted to open from yesterday (Tuesday) and non-essential travel is also not permitted. Additionally, schools in the lockdown area will close for pupils, other than children of key workers and vulnerable groups, from Thursday onwards.

As with the initial lockdown, it is not clear whether travel for work (where work cannot be done from home) is considered essential. This was clarified previously and we assume the same applies now.

The announcement also confirmed that planned re-openings in the hospitality and other sectors will not happen on 4th July. These measures will be reviewed on or after 18th July.

Leicester lockdown – impact on employees

Many employees in the region will be unsure what this news means for them and their workplaces. Across the country, the starting position is still, if employees can work from home, they should continue to do so and so this still applies in the Leicester lockdown area.

If work cannot be done from home, employees should continue to attend work as they have been doing, as there has been no guidance as yet to indicate otherwise.

Employees who are concerned about their workplace or attending work should raise these concerns with their employer and make any suggestions they have about ways their workplace could be made safer. Employers should have already completed risk assessments and so employees can ask to see them to be re-assured that their workplace is COVID-19 secure.

Being placed on furlough leave again – advice to employees

If you are unable to return to work as your employer can no longer re-open its operations, as planned, at the weekend, or where non-essential retailers have closed immediately, you and your employer could agree to you being placed on furlough leave on a full-time or part-time basis, depending on your employer’s requirements.

However, you can only be furloughed if your employer has previously accessed the scheme, and you have previously been furloughed for at least three weeks (at any point since the scheme was introduced in March), or if you are returning from a form of parental leave or are a returning military reservist.

If you were due to start a new job and your employer is now not able to re-open, your employer may need to seek your agreement to change your start date or sadly your job offer could be withdrawn.

Additionally, if you have children and they can no longer go to school due to the lockdown, you may have problems making childcare arrangements for them. Again, you may be able to be placed on furlough leave – providing the above criteria is met.

If you are placed on the furlough scheme again, your employer should provide you with a written agreement (either a new or refreshed version) of what is agreed. This agreement will need to reflect whether furlough is full-time or whether the arrangements will be flexible.

These are extremely difficult times for both employees and employers in Leicester and the financial impact of these further lockdown measures is likely to be significant. If you are concerned about how the re-introduction of the lockdown measures will impact your employment, we would advise speaking with your employer in the first instance.

The Government guidance can be found here.

leicester lockdown employeesHow Nelsons can help

Laura Kearsley is a Partner in our expert Employment Law team.

For further advice in relation to the imposed Leicester lockdown and what it means for employees, please contact Laura or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online enquiry form.

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