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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 64951
Experience:  Qualified Solicitor
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Dear Miss Pearl Wilson, London, I would like to send the

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Dear Miss Pearl Wilson
JA: Where is this? It matters because laws vary by location.
Customer: London
JA: What steps have been taken so far?
Customer: I would like to send the following letter to my employer regarding the coronavirus:
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Dear owners!
I hope you are all feeling well!
I decided to follow the government's advice to stay at home an safe..because 1.5 years ago I had a serious viral pneumonia and I was In the Kingston hospital with serious symptoms.
I coudnt recover completely just after 2 month .... attached doctors document ...thats why I am in the vulnerable category ...with extra risk to go to work ..I want to keep my job and my health in the same time till the virus get over and we will be all safe again ..I am doing selfquarantine at home...

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

What is your specific question in relation to this?

Customer: replied 15 days ago.
The employer force me to go to work. But I dont want to go regarding the above reasons. Could they fired me?
Customer: replied 15 days ago.
Also, can I get any payment?
Customer: replied 15 days ago.
?

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. Can I just check How long have you worked there for?

Customer: replied 15 days ago.
I have been working there for 1year and 4 month as a part time 24hours.this is bakery..I am cake decorator...which still doing delivery service.

Thank you. The main issue is that if you have been continuously employed at you place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as the decision is not based on a reason which makes a dismissal automatically unfair. These include:

· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

· Taking, or trying to take, leave for family reasons including pregnancy, maternity/paternity leave, parental leave, adoption leave or leave for dependants

 

However, if the dismissal had nothing to do with any of the above exceptions, you would not be able to challenge it. In that case your only protection would be if you were dismissed in breach of contract. That would usually happen if you were not paid any contractual notice period due to you (unless you were dismissed for gross misconduct, where no notice would be due). If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. The employer would either have to allow you to work that notice period and pay you as normal, or they instead have to pay you in lieu of notice, where you are paid for the equivalent of the notice pay but your employment is terminated immediately.

 

Assuming you have recovered from the pneumonia and it is no longer having serious effects on your daily life, then it is unlikely to amount to a disability and the employer could be looking at dismissal if they wanted to.

 

Does this answer your query?

Customer: replied 15 days ago.
Thank you for you reply. I have a written contract, but doesn't say anything about the sickness or what codex I should follow. Anyway I tried to negotiate an unpaid holiday for this period. Thank you for your advise, but I don't want to risk my health or others. So I will stay at home.
Judit

I think it is the best decision – health over money in my opinion. All the best

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