Furloughing has now seen discrimination

EMPLOYERS hold the balance of power over their staff and as an employment lawyer I regularly see how this power can be abused.

I see clients who have been bullied, harassed and discriminated against.

Many have been unfairly dismissed, stealing away their incomes and livelihoods.

During the Covid-19 crisis, I have continued to see these same cases or similar cases but I’ve also seen something new, furlough discrimination.

Employers should make fair decisions in relation to furloughing staff, however all too often I see people singled out for no reason other than their age, gender, race or religion.

I have seen pregnant women, or those recently back from maternity leave, unfairly targeted for furlough. Black staff and employees from other ethnic minorities have also been targeted, especially those who have been vocal about workplace issues.

This is discrimination.

For others, furlough would be a lifeline, but employers don’t have to furlough staff who have asked for it.

This leaves some workers, mostly women, struggling to balance caring responsibilities and working from home at the same time. It also forces others to make the desperate choice between their livelihoods or shielding vulnerable family members.

The government’s guidance relies on employers to furlough staff fairly. It expects employers to be reasonable, but this is not always the case.

Workers who are treated unfairly now face significant issues accessing justice.

As the Employment Tribunal system is further stretched, people could wait years for cases to conclude.

Litigation should be a last resort, but employees need to be able to enforce their rights, now more than ever.

Justice delayed is justice denied.

The government must take urgent

steps to address this.

Danielle Parsons, Slater and Gordon employment lawyer