Advice for employers regarding their business and employees

**PLEASE SEE THE EEA CORONAVIRUS PAGE FOR LATEST ADVICE*

This page is was released on 18th March and so is dated. 

Understandably, the Equestrian Employers Association (EEA) is receiving phone calls from employers who have major concerns about their businesses due to the Coronavirus (COVID-19) outbreak.  

Victoria Von Wachter, a leading barrister from 5 Essex Court, answers the most common points to this question:

I have employees, my riding school’s income has disappeared overnight, I cannot afford to pay the staff continuously through the outbreak. What are my options and how do I protect myself legally?
 

For those under two years’ service, can I immediately terminate their contract?  
Yes provided notice is paid.

For those over a 2 year service, do I have to go through a formal redundancy pathway with them? 
It is arguable that they are not redundant – however could be. If not, then it is a ‘Some Other Substantial Reason’ dismissal (SOSR). The employer should go through either redundancy consultation, or quasi disciplinary process.

The redundancy option concern, is that the definition of redundancy is 'that the requirement for work of that type to be done has ceased or diminished'.  This must be shown to be the case – which with horses it may not be. It depends so much upon the circumstances.

I call it 'quasi disciplinary' as there is not likely to be any question of misconduct, just a change in business circumstances – however some form of consultation has to be gone through – remember always that the thread that runs through employment law is the preservation of employment – keep that in mind and it will steer you to the most appropriate course of action. 

Employees might well have ideas that could avoid being dismissed for whatever reason – redundancy or SOSR – and they deserve to have those ideas aired and discussed.  It may come to nothing but it is important for the employer to show that they have tried.

For those on a formal Apprenticeship, can I terminate their apprenticeship and employment, bearing in mind the majority are under 2 years’ service? 
Talk to Apprenticeship pathway provider, but yes.

Can I simply ask them all to take extended unpaid leave? What if they refuse?   
You can ask, but if not then see above for ceasation of the contract of employment or redundancy. 

Can I force them to take their entire already accrued holiday at this point? 
Reg 15 of the WTR allows for this compulsion but notice must be given of twice as many days as the days to be taken.

Can I legally dramatically reduce their hours for this period of time to enable the business to survive? 
Employees can be laid off under statutory lay off provisions – use EEA Legal Services for specific arrangements.

If an employee refuses to come to work, but they are not actually ill, can I make them? 
Working from home is impossible with horses, and they still need to be cared for. If the employee suspects that they have been infected then they must under the new statutory Regs that came out today – be tested and isolated or contained (in a facility).  

If they have merely come into contact with someone who is infected then, again they must be tested. Employees cannot stay at home, just because they feel like it.

If an employee is self-isolating, do I still have to pay them their full salary? 
Depends on what is in the contract – if there is a sick pay scheme then pay accordingly to that. Otherwise SSP is payable under the new SSP Regs for coronavirus. 

Read more on your 'moral and legal obligations as an employer.'

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