Ready, Willing and Able - COVID-19 Employment Law Issues

There is a huge amount of uncertainty for employers and employees around the COVID-19 lockdown.

The default position is that where workers are ready, willing and able to work they are entitled to be paid. However, I am aware that there are workers who have faced reduced pay, lost income, job losses, forced holidays and combinations of all of theses. The starting point of my advice is that workers are to be paid until that situation formally changes. This change can either be by agreement with the employee or through a forced change.

Where an employer has a worker that cannot work during the lockdown then they may need to make uncomfortable decisions to maintain a viable business. If changes need to occur then employers and employees need to negotiate in good faith.