As we approach five years since the COVID-19 pandemic hit, it’s a good opportunity to look back on the impact it had on the UK workplace and employment law. The pandemic was a seismic event for the workplace, but did it fundamentally change employment law in the UK? While COVID brought emergency measures such as furlough, the legal framework underpinning employment has remained largely intact. What has shifted, however, is the prominence of certain legal rights and protections for the employee —especially around health and safety, flexible working.
While some of these rights seem under the spotlight with the high profile return to office policies of some global companies like WPP and Amazon recently, it seems unlikely that the majority of the UK will go back to previous ways of working now that employee workers rights are so visible.
One of the biggest revelations during the pandemic was Section 44 of the Employment Rights Act—a previously little-known bill that allows employees to refuse to work if they believe they are in serious and imminent danger. Before COVID, it was rarely invoked, typically in cases like unsafe buildings lacking proper fire safety measures. Now, it’s a recurring factor in workplace disputes and a key reference point in employment law.
Take a recent case I had with a client whose employee refused to enter a resident’s home at a care home facility. The employee cited Section 44 of the Employment Rights Act, claiming they felt it was unsafe due to concerns about a contagious disease in the home.
The employer, having conducted a risk assessment, deemed the request unreasonable and was confused by the reference to Section 44, assuming it was a temporary COVID-related provision that no longer applied.
This is a common mix-up—many employers assumed these protections were specific to the pandemic, rather than long-standing rights. The reality is that COVID simply made employees more aware of their ability to challenge unsafe working conditions.
This shift means businesses must take health and safety concerns more seriously than ever. Risk assessments, clear policies, and open communication are now crucial, not just to protect employees but to prevent costly disputes.
Flexible working
While flexible working laws have existed for years, the pandemic brought their importance to the fore. Employees have long had the right to request flexible working, but post-COVID legislation has strengthened their legal grounds to ask for it.
Previously, employers could reject a request based on predefined business reasons, often with minimal justification and explanation to the employee. Now, they must engage in a consultation process and provide stronger evidence if they wish to refuse. This shift reflects a new reality—many employees see remote or hybrid work as a default expectation rather than a perk.
Despite some recent high-profile examples, employers are finding it increasingly difficult to justify return-to-office mandates. Workers argue that digital tools—Zoom, Teams, and even some of the new AI-powered tools we’re seeing—allow them to perform just as effectively from home.
The legal framework has not yet caught up with this cultural shift, but the direction of travel is clear: the balance of power in hybrid working disputes has tilted towards employees.
What’s next? The Employment Rights Bill
Beyond the pandemic’s legacy, new legislative changes are on the horizon. The Employment Rights Bill, proposed by the Labour Party, could introduce “day-one rights” for employees, scrapping the current two-year qualifying period for unfair dismissal claims. If passed, this would be a landmark change, significantly enhancing job security from the outset of employment.
“A ‘right to switch off’ has also been proposed—a new piece of legislation that would set clear boundaries for work-related communications outside standard working hours, following similar frameworks established in France. This issue became a common complaint during the pandemic, as remote working blurred the lines between work and personal time.
For employers, this means greater caution in hiring and firing decisions, as tribunal risks could increase. It also underscores the importance of legally sound HR policies, ensuring compliance with evolving regulations.
A new world for employers and employees
COVID did not rewrite employment law, but it reshaped the workplace. Employers must recognise that workers are more aware of their rights than ever. The smart approach is not resistance but adaptation—understanding legal obligations, engaging in meaningful discussions with employees, and preparing for the next wave of legislative changes.
Risk management is more important than ever. Health and safety concerns should be taken seriously, flexible working requests should be approached with an open mind, and businesses must prepare for potential legislative shifts, particularly regarding day-one employment rights. Employers who embrace these changes strategically, rather than reactively, will be better positioned for long-term stability.
For employees, awareness is power. If you feel unsafe at work, Section 44 of the Employment Rights Act gives you the right to refuse to go to a workplace. However, it is important to follow the correct process—raising concerns formally and ensuring that your refusal is based on a legitimate health and safety risk.
When it comes to flexible working, rights have significantly expanded. If an employer refuses a request, they must now demonstrate that they have seriously considered the request and provide clear justification. If you believe your request has been unfairly denied, legal avenues exist to challenge the decision.
Finally, stay informed about the Employment Rights Bill and its potential introduction of day-one rights. If passed, this could significantly strengthen employee protections, particularly around unfair dismissal.
The pandemic may not have rewritten the legal landscape, but it has undeniably amplified key employment rights. Both employers and employees must now navigate a workplace where health and safety, flexible working, and job security are at the forefront of legal and cultural debates. Understanding these shifts is essential—not just to avoid disputes, but to create a more balanced and fair working environment for all.
Nkolika Ohaegbu is Head of Legal Advisory Services at rradar
March 5, 2025
Employment law five years after COVID: what’s changed?
by Nkolika Ohaegbu • Comment, Workplace
While some of these rights seem under the spotlight with the high profile return to office policies of some global companies like WPP and Amazon recently, it seems unlikely that the majority of the UK will go back to previous ways of working now that employee workers rights are so visible.
One of the biggest revelations during the pandemic was Section 44 of the Employment Rights Act—a previously little-known bill that allows employees to refuse to work if they believe they are in serious and imminent danger. Before COVID, it was rarely invoked, typically in cases like unsafe buildings lacking proper fire safety measures. Now, it’s a recurring factor in workplace disputes and a key reference point in employment law.
Take a recent case I had with a client whose employee refused to enter a resident’s home at a care home facility. The employee cited Section 44 of the Employment Rights Act, claiming they felt it was unsafe due to concerns about a contagious disease in the home.
The employer, having conducted a risk assessment, deemed the request unreasonable and was confused by the reference to Section 44, assuming it was a temporary COVID-related provision that no longer applied.
This is a common mix-up—many employers assumed these protections were specific to the pandemic, rather than long-standing rights. The reality is that COVID simply made employees more aware of their ability to challenge unsafe working conditions.
This shift means businesses must take health and safety concerns more seriously than ever. Risk assessments, clear policies, and open communication are now crucial, not just to protect employees but to prevent costly disputes.
Flexible working
While flexible working laws have existed for years, the pandemic brought their importance to the fore. Employees have long had the right to request flexible working, but post-COVID legislation has strengthened their legal grounds to ask for it.
Previously, employers could reject a request based on predefined business reasons, often with minimal justification and explanation to the employee. Now, they must engage in a consultation process and provide stronger evidence if they wish to refuse. This shift reflects a new reality—many employees see remote or hybrid work as a default expectation rather than a perk.
Despite some recent high-profile examples, employers are finding it increasingly difficult to justify return-to-office mandates. Workers argue that digital tools—Zoom, Teams, and even some of the new AI-powered tools we’re seeing—allow them to perform just as effectively from home.
The legal framework has not yet caught up with this cultural shift, but the direction of travel is clear: the balance of power in hybrid working disputes has tilted towards employees.
What’s next? The Employment Rights Bill
Beyond the pandemic’s legacy, new legislative changes are on the horizon. The Employment Rights Bill, proposed by the Labour Party, could introduce “day-one rights” for employees, scrapping the current two-year qualifying period for unfair dismissal claims. If passed, this would be a landmark change, significantly enhancing job security from the outset of employment.
“A ‘right to switch off’ has also been proposed—a new piece of legislation that would set clear boundaries for work-related communications outside standard working hours, following similar frameworks established in France. This issue became a common complaint during the pandemic, as remote working blurred the lines between work and personal time.
For employers, this means greater caution in hiring and firing decisions, as tribunal risks could increase. It also underscores the importance of legally sound HR policies, ensuring compliance with evolving regulations.
A new world for employers and employees
COVID did not rewrite employment law, but it reshaped the workplace. Employers must recognise that workers are more aware of their rights than ever. The smart approach is not resistance but adaptation—understanding legal obligations, engaging in meaningful discussions with employees, and preparing for the next wave of legislative changes.
Risk management is more important than ever. Health and safety concerns should be taken seriously, flexible working requests should be approached with an open mind, and businesses must prepare for potential legislative shifts, particularly regarding day-one employment rights. Employers who embrace these changes strategically, rather than reactively, will be better positioned for long-term stability.
For employees, awareness is power. If you feel unsafe at work, Section 44 of the Employment Rights Act gives you the right to refuse to go to a workplace. However, it is important to follow the correct process—raising concerns formally and ensuring that your refusal is based on a legitimate health and safety risk.
When it comes to flexible working, rights have significantly expanded. If an employer refuses a request, they must now demonstrate that they have seriously considered the request and provide clear justification. If you believe your request has been unfairly denied, legal avenues exist to challenge the decision.
Finally, stay informed about the Employment Rights Bill and its potential introduction of day-one rights. If passed, this could significantly strengthen employee protections, particularly around unfair dismissal.
The pandemic may not have rewritten the legal landscape, but it has undeniably amplified key employment rights. Both employers and employees must now navigate a workplace where health and safety, flexible working, and job security are at the forefront of legal and cultural debates. Understanding these shifts is essential—not just to avoid disputes, but to create a more balanced and fair working environment for all.
Nkolika Ohaegbu is Head of Legal Advisory Services at rradar