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Desperate bosses and vulnerable workers: We face an imminent “clash of the reasonable”

Employment law was not designed to adjudicate in the kinds of disputes that lie ahead

By Schona Jolly   July 2020

Can employers expect their workers to risk public transport? Photo: Victoria Jones/PA Wire/PA Images

Lockdown raises legal questions which “common sense,” British or otherwise, cannot determine. A government whose grip is visibly faltering naturally pretends things are easy. But as it unlocks the economy, tricky new questions will arise, especially in the employment arena, where employees and employers are making practical choices with potentially dramatic consequences on both sides.

Bewilderment and fear are to be expected in a pandemic, and the government’s rapidly-changing guidance and lack of transparency does…

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