UNISON has sought legal advice in terms of potential claims of discrimination arising from a protected characteristic.
While an employer may decide to put a shielding employee on furlough, it must not subject anyone with a protected characteristic (eg disability or pregnancy) to unlawful discrimination.
If, as a result of a requirement to shield, you are suffering less favourable treatment (eg less pay) than your colleagues we want to hear from you as soon as possible.
Before you get in touch, please check whether the following criteria apply to you:
- Are you a UNISON member who has been in membership for more than 4 weeks?
- Are you currently shielding?
- Have you received medical advice to shield?
- Have you received less pay than your colleagues as a result (sick pay or 80% pay through furlough)
- Are your colleagues who aren’t shielding still working?
- Were you working prior to the requirement to shield?
If your answer is yes to all of these questions, you may have a legal claim.
Support for potential claims depend on assessment of individual circumstances in accordance with UNISON’s rules. Statutory time limits apply to any potential claims. These are normally 3 months (less 1 day) from the date of the alleged discrimination complained about.