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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74361
Experience:  Qualified Solicitor
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I have an employment issue. Can i have some help? no] it is

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Hi, I have an employment issue. Can i have some help?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: no]
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: it is a Primary school
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i need and advise before Monday
Customer: replied 1 year ago.
Please get in touch as soon as possible

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.

Please provide some more details about your situation

Customer: replied 1 year ago.
Of course.
Customer: replied 1 year ago.
Thursday 5th June 2020, I was asked to come to a meeting with the Head and Deputy teacher, where they brought heavy, false and exaggerated accusations against me and not allowing me to defend myself properly. I felt disrespected and treated like a criminal from the beginning of the meeting, using their power and position to confuse my mind and threaten my position in the school.
Customer: replied 1 year ago.
These accusations are related to the covid 19 new rules in the school. I only one time broke the rule, going involuntarily in the wrong direction, but no one was at risk.
Customer: replied 1 year ago.
I was asked to go back to work on Monday, but I feel I can't for these reasons:"After working in the school last week, and seeing that siblings which are placed in different bubbles are allowed to attend school, so the virus can easily spread from one bubble to another, I realized that the school itself is breaking the bubble rule, so we us as adults and children are put at risk every day.
Knowing this, I don't feel safe to come to school till restrictions are completely lifted, because I feel my life is put at risk every day by the school itself. Also the social distancing rules are not respected in the same bubble, which put my life again at risk."
Customer: replied 1 year ago.
Can I use these argumentations in a letter to send to my employer in order to not be forced to go to work in this situation or accused of breaking my work contract?

How long have you worked there for?

Customer: replied 1 year ago.
Nearly 3 years.

Thank you. It is actually possible to rely on a specific law in relation to health and safety to argue that it is not safe for you to go into the workplace.

This is under Section 44 of the Employment Rights Act 1996 which could potentially allow you to refuse to return to work if it is not safe to do so, whilst being protected against detrimental treatment by the employer for doing so.

Have a look here for further details:

https://labourlist.org/2020/05/returning-to-work-section-44-explained/

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