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Section 100 bursts into the Boardroom

Author: Edwin Coe LLP

Published: 28 Apr 2020

Those operating in an environment highly regulated by health and safety requirements (construction and the NHS for example) will be familiar with Section 100 of the Employment Rights Act 1996. For office-based workers however Section 100 is a little known provision which, before the pandemic, rarely came up in practice.

With the onset of our ‘new normal’ however, it is likely that Section 100 for office based staff will ‘come into its own’ and office-based HR departments should re-acquaint themselves with this section and consider the issues that are likely to arise once ‘lockdown’ goes ‘light’.

There is much talk in the press about a ‘staged’ release of the lockdown whilst maintaining the current social distancing guidelines. This creates potential issues for businesses.

What can/should the employer do?  Do they insist on them coming to work and dismiss them if they do not turn up, or do they allow them to remain at home without pay, or are they obliged to facilitate their working from home and if so, for how long?

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