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Covid-19 pandemic has stopped the economic wheel of many countries. One of the most pandemic affected industries in Scotland is hospitality industry. For the time being, the pandemic has caused the hospitality industry to shut down but there are debates about what it could mean for the future of the industry staff in Scotland.
We have seen how Colyumbridge Hotel in Aviemore has unfairly ordered their employees to dismiss and immediately leave the accommodation. After facing the backlash, the hotel management apologised and claimed that it was an administrative error. Initially, Leisure Chain G1 also had similar plans but they halted their plans to remove staff after coming under the fire.
Industry experts and economists have warned that almost 250,000 tourism and hospitality jobs are at risk.
RIGHTS OF A HOSPITALITY WORKER DURING COVID-19 PANDEMIC
According to employment law contract, if a person cannot do the job, then they may not get paid. However, this isn’t the situation where workers are refusing to work. The covid-19 pandemic situation is unique for both employers and employees. In this situation, employers must act professionally towards the employees.
The government of Scotland is aware of the fact that the covid-19 pandemic has the potential to disturbed the economic system of the country. For this, the Chancellor, Rishi Sunka recently announced that the Government will cover 80% of employees’ salary. The maximum amount will be up to £2,500. Also, those who are self-employed, support is available for them too.
If your employer has unfairly dismissed you during covid-19 pandemic, you have the right to make a work dismissal claim. Also, if the employer has behaved unprofessionally or injured you out of frustration, you can hire a personal injury solicitor in Glasgow and make a claim for compensation.
If your company has 20 or more employees and it closes without consultation then each employee of the company might be eligible to get additional compensation as protective award.
As the government is supporting business and industries during the pandemic, the employers have no solid reason to dismiss their employees. Unfortunately, employers don’t always act professionally or reasonably.
If you have faced an unfair dismissal during pandemic then you might be eligible to make a claim in the Employment Tribunal.
UNFAIR DISMISSAL OF AN EMPLOYEE WHO HAD MORE ETHAN TWO YEARS OF SERVICE
If you have a service of more than two years and you were dismissed unfairly by your employer then you may be eligible to make a claim in the Employment Tribunal.
The Employment Tribunal is an agency who pays compensation to the employees for the loss of earnings. The pay spans from the day the employee losses the job to the day a new job is found.
UNFAIR DISMISSAL OF AN EMPLOYEE WHO HAD LESS THAN TWO YEARS OF SERVICE
If you are had service of less than two years before unfair dismissal then you are entitled to make a claim for unlawful deduction of wages for any outstanding sums. This is the amount that was not paid to you on the day of your dismissal. This also includes notice pay, holiday pay, overtime pay and any other due wages.
However, if only notice pay is due then you can claim for wrongful dismissal. The claim will allow the Employment Tribunal in Scotland to direct the employer to pay you notice pay.
PROTECTIVE AWARD COMPENSATION
Employment Tribunal awards a compensation type known as protective award. This compensation offers up to 13 weeks of pay. The compensation is based on weekly earning and it also includes other payments.
In some cases, for example, you have gone into administration. Now the Isolvency Service of the Government will pay you for upto 8 weeks and this payment can be up to £2,500 per week.
SUMMING UP
Although the Government is here to support the dismissed employees but it is still unethical to unfairly dismiss the hospitality worker and other employees. The employer should not use pandemic as an opportunity to reduce the workforce. If an employer jumps the gun to remove the workforce during lockdowns, the Employment Tribunal may act strictly.
