MORE employers are likely to cut sick pay for unvaccinated staff, a leading employment solicitor has predicted

MORE employers are likely to cut sick pay for unvaccinated staff, a leading employment solicitor has predicted.

Morrisons became the latest company to announce that employees having to self-isolate who haven’t had a jab could see their wages reduced.

The move came days after Next, Ocado and Ikea announced they were making similar moves to cope with rising staff absences.

The announcement means unvaccinated workers who are required to isolate could now receive as little as £96.35 a week, the Statutory Sick Pay minimum, unless there are mitigating circumstances.

There is now a growing belief that other businesses might follow the lead of these three high-profile companies and adopt identical policies within their employment structures.

Samantha Owen, a senior employment solicitor at Harper James Solicitors (pls insert backlink here), who specialise in supporting businesses, believes it is “likely” many other companies will follow suit.

She said :”With many countries now taking a firmer stance on vaccination status, it is likely that many employers, of all sizes, are going to want to follow suit for understandable business reasons. Imposing a new rule, especially one which is disadvantageous to employees, is a prime area for conflict and dispute with staff. Careful consideration should always be given to bringing new rules into a workplace. Clear and diplomatic communication with staff, delivered fairly and sensitively and welcoming feedback, should be encouraged to smooth the pathway for achieving change. Even if claims do not arise, there is still plenty of scope for deterioration of employee relations and morale where such contentious changes are implemented.

“It is likely that employers may very well face complaints from aggrieved employees who perceive this to be unfair. Any grievances would need to be dealt with in line with the company’s own grievances policies.

There’s also the obvious risk of employees bringing Tribunal claims. The chance of employees being able to successfully bring direct discrimination claims for this difference in treatment is low as it is going to be very unlikely that an employee is going to be able to link their requirement to isolate to a protected characteristic under the Equality Act 2010. Consideration does need to be given though to whether the rule imposed disproportionately affects any grouping of employee based on a protected characteristic, for example pregnant employees or particular religious or philosophical beliefs, as this could lead to indirect discrimination claims. For this reason, cases should be dealt with on a case-by-case basis where possible, to establish whether reducing the pay in the circumstances is justifiable.

‘Even where situations are sensitively and fairly handled, businesses cannot rule out the risk of employees bringing claims anyway. Employees do not have to pay anything to bring Tribunal claims and these claims are normally cost neutral, meaning each party bears their own costs regardless of outcome. As a result, claims can be costly for employers to defend even where they are in the right, which is why getting professional legal support is vital.’