Tamsin O'Brien, Author at The Stray Ferret

Column: Can you force an employee back to work?

This article is written for the Stray Ferret by Harrogate employment lawyer Richard Port. Richard is Principal Solicitor and Founding Director at Boardside legal. Over the next 3 weeks he will explore the issues raised for employers and employees returning to work post furlough. This article is not legal advice – more a look at the complexities of the current situation.

Recent government announcements have suggested that the current furlough guidance might shortly be changed and that those who can go back to work safely should now do so. It is worth noting that it is currently a criminal offence for a person to go to work, when such work can reasonably be done from home.

However, if the changes are made, I’m sure that many people will want to return to work straightaway, but there will be many who do not. Indeed, I have dealt with a number of company clients in the last few weeks who are having to grapple with the conflict between ending furlough and dealing with reluctant returners: in my case a food production business (ABC Ltd) and the reluctant ‘Fred’.

First and foremost, the place of work needs to be covid safe, to reduce the potential for transmission as much as possible. This means providing adequate PPE and having a robust hygiene system in place, and compliance with social distancing rules.

Imagine that ABC Ltd has done it all; it is the paragon of compliance and hygiene. Nonetheless, despite his employer being an essential service, Fred is reluctant: he is worried, claiming that he has a ‘new’ medical condition (understood to be asthma) for which he must take steroids. Fred considers himself to be clinically vulnerable, though he does not have any form of medical certificate signing him off work. ABC Ltd has kept in touch with Fred during furlough and is now asking him to return to work. Sometimes getting hold of Fred has been quite difficult, despite being “house-bound”. We understand that Fred enjoys his golf.

Of course, there will be a wide variety of reasons (supported by various legal protections) why employees may be reluctant to return to work which should be taken seriously. In other cases, like Fred, employees may have no good reason for refusing. Leaving this aside, what options does ABC Ltd have in relation to Fred? As difficult as it might be, ABC Ltd needs to tread carefully. Employers should work on a case-by-case basis and ensure that they have carried out thorough risk assessments and implemented relevant covid safety measures.

Ultimately, ABC Ltd may seek to stop paying Fred in the circumstances, or even to dismiss him, but both of these courses of action for refusing to return to work are fraught with danger and could lead to employment tribunal claims being raised, particularly if the employer’s health and safety processes are short of what is reasonably practical to put in place.

It is a complicated subject, but my experience is that many organisations are now reviewing their working practices and looking at ways to create a more adaptive, innovative and resilient workforce. If ABC Ltd gets this right, it will ensure its long-term viability and the health and well-being of its workforce, with better morale and higher productivity.

Next week, Richard looks at the rights of the employee and looks at the case of Fred.

One more coronavirus death at Harrogate District Hospital

News of this latest reported death on July 15th comes after eleven consecutive days without any coronavirus fatalities at the Hospital. It brings the total number of coronavirus deaths at the hospital to 82.

A further 8 people, who tested positive for the coronavirus have died in England, bringing the total number of confirmed reported deaths in hospitals to 29,181. 2 of those patients were from Yorkshire and the North East.

The hospital trust said on Thursday that it had discharged a further two patients, taking the total up to 141.

Patients were aged between 61 and 91 years old. All patients had known underlying health conditions.

No new coronavirus deaths at Harrogate District Hospital

Harrogate District Hospital has reported no new coronavirus deaths for 11 days, according to the latest NHS figures.

It means the total number of deaths of patients who tested positive for coronavirus at the hospital remains at 81.

Meanwhile, the hospital trust discharged a further two patients this week, taking the total up to 141.

A further 13 people who tested positive for coronavirus have died in England’s hospitals. 2 were in the Yorkshire and North East region.

Patients were aged between 49 and 96 years old. All patients had known underlying health conditions.

It means the death toll from coronavirus nationally has increased to 29,173.

Extinction Rebellion hold demo on Harrogate roundabout

Extinction Rebellion Harrogate picked the Prince of Wales roundabout today to hold a demonstration highlighting the climate emergency.

The group told The Stray Ferret it had chosen the location as it wanted “somewhere striking” to draw attention to its cause and to re-ignite the group after lockdown.

It is hoping the demo will lead to more people wanting to join its ranks. Drivers blew their horns as they passed the group of around 20 demonstrators.

Questioned as to whether the demonstration was safe or could have been distracting to drivers, Jess Thompson, coordinator for Extinction Rebellion Harrogate’s action group said:

“Our intention isn’t to distract drivers- we know safety is paramount. The banners were large and so drivers could easily see our messages. We want to highlight that time is up – we are living in a real emergency and we demand action.”

Ms Thompson told the Stray Ferret that the police had spoken to them and asked them how many were expected and how long they were staying there but took no action to stop them demonstrating.

Harrogate child sex offender jailed for 3 years

A child sex abuser from Harrogate has been jailed for 3 years at York Crown Court.

Daniel John Gresham, aged 34, was arrested in March this year. Police seized electronic devices from his home which were analysed by North Yorkshire Police’s Digital Forensics Unit.

The Online Abuse & Exploitation Team identified Gresham as the person responsible for making indecent images of children. Detectives were then able to prove that he had been sexually abusing the girl in the images over a 2 year period from 2013 and that he had then shared the images online earlier this year.

Gresham had earlier pleaded guilty to sexual touching a girl aged under 13 and also making and distributing indecent images of the same girl.

As well as being imprisoned for 3 years Gresham was made subject to a 15 year Sexual Harm Prevention Order and placed on the sex offenders’ register.

Detective Sergeant Lee Allenby, of the Online Abuse and Exploitation Team, said:

“Despite the emerging operational difficulties posed by the coronavirus during this time, we were able to progress the investigation and secure charges against Daniel Gresham.

“More importantly, we were able to identify and safeguard a young victim who had been keeping her abuse a secret for many years. I have nothing but admiration for her bravery in supporting the investigation and I hope the outcome at court will help her to put this terrible experience behind her…

“..As for Gresham, he is clearly a dangerous individual who is now facing up to the consequences of his depraved actions.

“We will not rest until such offenders are arrested, convicted and put behind bars where they can do the least amount of harm to vulnerable victims and to society as a whole.”

Missing Harrogate woman found safe

Police say a woman from Harrogate who was reported missing yesterday has been found.

Monica Webber, aged 66, was last seen in the Dragon Parade area of Harrogate. North Yorkshire Police says Ms Webber has since been found safe in Berwick.

Police thanked those who helped in the public appeal.

COLUMN: Not all of the chancellor’s measures will boost hospitality

This column is written for The Stray Ferret by Peter Banks, the Managing Director of Rudding Park Hotel and Spa and Chairman of Harrogate Hospitality and Tourism Association

“I opened my eyes and realised it was all a dream….”

How many of us wrote a story that finished like that when we were at primary school? I know I did and I still remember with toe curling embarrassment how proud I was…..

When I look back on the last three months it does feel “otherworldly”, the first half of March when we weren’t affected at all, but we could feel the menace creeping towards us, China, Italy, France, London, then us. Even the weather behaved itself, a beautiful spring. It almost felt like the Golden Summer of 1914 – the last hurrah before the world we knew was changed forever.

Sadly, this isn’t a dream, it is, to quote that dreadful new cliché, the new normal. This is now reality and we need to understand and manage it as well as possible.

Every day brings new challenges. If I can review a few of the most recent it will give you a feeling of a worms eye view from the sharp end of hospitality:

1.Track and Trace. The government has failed to create a system which tracks peoples movement. Therefore they have abdicated this responsibility to hospitality operators. We have to record everyone who comes into a pub or restaurant, contact details and time of arrival. I have had to introduce a “no track and trace, no beer” rule at our pub on the Holiday Park. Guests are very disgruntled at this invasion of their liberty, argue with us, abuse us and two guests even walked out as they “felt their rights were being threatened”. Please, it’s not our fault, we’re not being nosy, we are merely following the governments instructions and trying to help limit the spread of covid.

2. VAT reduction to 5% on accommodation and food in restaurants, cafes and pubs. On the surface a fantastic boost to the Hospitality industry as we will no longer be paying 20% tax on these items, just 5%. Why did Rishi take this sector specific action. The Government guidance states:

These changes are being brought in as an urgent response to the coronavirus (COVID-19) pandemic to support businesses severely affected by forced closures and social distancing measures.

I believe that he wanted to throw a lifeline to the Hospitality industry, however – how many of you, dear readers, are going to expect to have the discount passed on to you? From a straw poll I have taken – the vast majority of my guests will want a discount. Therefore this 15% VAT reduction does not help the Hospitality industry at all, we will have the same level of demand (just because it’s cheaper doesn’t mean that nervous people will go to the Pub), and we will merely pass 5% of a lower price onto the government. We will make exactly the same profit (or loss more likely!). So, a plea from me – if your local chippy has not dropped their price by £1.00, or your Hotel has not decreased your room rate by 15%, please don’t give the owner or manager a hard time.

Rishi deliberately made it sector specific to help that sector, not to put money in everyone’s pockets. If he’d wanted to do that he could merely have cut income tax or national insurance. I cannot state clearly enough, there will be many hospitality businesses that will not survive this winter, (today I heard that the iconic Yorke Arms is closing as a destination Restaurant). Please help them to keep as many staff employed as possible. Every time you ask for a discount you will be increasing the number of redundancies in that business.

You will still be paying the same price as before, It actually makes no difference to you. The government is just trying to ensure that the pub will still be open in April by allowing us to keep some more VAT.

3. £1000 for every furloughed worker still in employment on January 31 2021. This is a wonderful gift for many Hospitality operators who will need every scrap of financial help they can get next winter. However, what Rishi is asking us to do is continue employing a member of staff for the next six months rather than making redundancies and receive £1000 for taking that risk.

For a seriously damaged industry like hospitality that equation doesn’t stack up. Right now every operator that I know is making “clear, reasoned decisions to save as many jobs as possible”. That is a euphemism for having to make redundancies otherwise the business will not survive. Some sectors have increased profitability in this crisis, supermarkets, logistics, some manufacturing, yet they will also receive this boon. A sector specific extension to the Furlough scheme would have been better, the money could then have gone towards helping Hospitality through to next Spring when the good times will return (I hope!).

These examples are not dreams, they look fantastical, but they are reality. Six months ago 5% VAT on accommodation was laughable. These keep me and my fellow Hospitality leaders awake at night, trying to unscramble meanings and the future from our very cloudy crystal balls. We reopen Rudding Park Hotel (Accommodation and Restaurant only) on Monday 13^th July and I pray that I have made the right decisions and chosen the correct path.

The great news is that we are open, we have taken advantage of all of the government schemes, I have a fantastic team who have supported me through every challenge and we will be up, fighting and winning next spring when the good times come back.

We have to accept that the rules and mores that we used to work to have changed absolutely, and only those businesses that change will survive. It doesn’t matter how big and powerful you are, If you do not change you will become extinct.

The past three months has undoubtedly been the biggest leadership challenge of my 35 year career. The world has been fundamentally changed, and in my darker moments I wonder if I will ever be the same leader as I was before. That innocence of early March feels like it happened to a different person.

To quote LP Hartley in “The Go-Between” – “The past is a foreign country; they do things differently there…”

We all look forward to welcoming you back to Rudding Park, and do what we enjoy, caring and looking after our guests. See you soon!

Extinction Rebellion to hold regular rallies in Harrogate

Today was the second rally held by Extinction Rebellion in Harrogate since lockdown – organisers say they want to make it a monthly event.

Around 70 cyclists turned up this morning at the town’s Library Gardens and looped the town centre to draw attention to the need for more sustainable travel.

It’s only 3 weeks since the group’s last rally in the centre of Harrogate. Organisers say they’d wanted to do another event quickly as many people had been unable to come on the last one.

The rally set off from the Library Gardens

Victoria Wild of Extinction Rebellion Harrogate told the Stray Ferret

“There was so much interest in the last one, people who had missed out wanted to come. Alot of people don’t feel safe on the roads as cyclists – particularly women and kids. We want to keep up the pressure to improve sustainable transport and it’s nice for everyone to get together on a rally”.

Last week, North Yorkshire County Council’s executive member for highways Don Mackenzie, told The Stray Ferret that cycling groups should “remain realistic” around improvements to cycling routes in Harrogate.

The council received just half of the £266,000 that was allocated to them by government to spend on temporary cycling and walking measures to help people use sustainable transport post lockdown.

No coronavirus deaths reported at Harrogate District Hospital

Today marks the 15th consecutive day without a reported death of coronavirus at Harrogate District Hospital. It’s also the 72nd anniversary of the NHS and the nation will clap at 5pm to mark the occasion.

A further 18 people, who tested positive for the coronavirus have died, bringing the total number of confirmed reported deaths in hospitals in England to 28,889.

Patients were aged between 54 and 94 years old. All patients had known underlying health conditions.

A flower bed in Ripon to celebrate the 72nd anniversary of the NHS

So far, the hospital has reported 80 coronavirus deaths. The last coronavirus death happened on June 18.

North Yorkshire Police says no major incidents last night

North Yorkshire Police said this morning that there were no major incidents last night after bars and restaurants opened after lockdown.

Assistant Chief Constable Mike Walker, said:

“My thanks to everyone who enjoyed last night responsibly and to the licensees who have worked hard over the past weeks to prepare for opening. It’s inevitable that with alcohol consumption comes antisocial behaviour and we were prepared for an increase in demand. It was busy but no more than a usual Saturday night.”

These images were taken around Harrogate town centre at 9.30pm last night- the mood appeared upbeat.