Scottish corporations dealing with ‘wave’ of Covid-19 employment regulation claims


Scottish corporations dealing with ‘wave’ of Covid-19 employment regulation claims

Sally-Anne Anderson

Scottish companies are dealing with a wave of compensation claims following a pointy rise in Employment Tribunal functions through the Covid-19 pandemic.

New figures present that greater than 800 single tribunal claims had been lodged in Scotland between April and June – up 21 per cent on the identical interval final 12 months to the very best stage in nearly a decade.

The surge – reported in new information from the Ministry of Justice – gathered tempo throughout lockdown, suggesting that the financial affect of coronavirus had a direct affect on variety of claims being made.

Employment regulation specialists Aberdein Considine have warned that the state of affairs may worsen except companies familiarize yourself with what it says is an “more and more complicated employment panorama”.

Sally-Anne Anderson, a accomplice at Aberdein Considine, mentioned: “Though the Coronavirus Jobs Retention Scheme (CJRS) has been prolonged, it’s a unhappy indisputable fact that many extra job losses may nonetheless be within the pipeline when it does come to finish.”

“It’s been an extremely troublesome time for almost all of companies in Scotland, however we’re seeing a development of employers who should not following appropriate redundancy procedures and that is solely more likely to lead to extra unfair dismissal claims.

“There may be additionally proof to recommend that some employers are making blanket selections to make workers who had been furloughed redundant. As some workers could have been placed on furlough for causes regarding childcare or well being issues, such an method may result in an uplift in discrimination claims in addition to unfair dismissal claims.”

The MoJ figures present that there have been 806 single claims in Scotland between April and June, up by one fifth on the 666 lodged throughout the identical interval final 12 months and three per cent larger than the remainder of the UK.

Mrs Anderson mentioned this tally is more likely to rise additional as companies recalibrate and shift from the CJRS to the brand new Job Assist Scheme.

With furlough coming to an finish, she anticipates an increase in claims associated to measures taken throughout lockdown comparable to breach of contract, vacation pay and illegal deduction from wages, in addition to well being and security claims associated to a return to the office.

She mentioned companies have to take motion now if they’re to keep away from coping with tribunal claims, on high of managing restrictions and making an attempt to rebuild their companies.

“Present circumstances are placing many companies and their workers below unprecedented stress,” she mentioned.

“Until the state of affairs is well-managed and the traces of communication stay open and cheap, that is merely exposing corporations to expensive and time consuming employment points that are avoidable.”

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