March 2022 #228 – Law Journals

Legal news: Employment update

Lesley Finlayson rounds up the latest developments affecting employers and their advisers Employers should only discuss retirement plans with employees when they have a clear and proportionate legitimate aim such as succession planning. Enquiring about retirement plans alongside grievance management was discriminatory In Tapping v Ministry of Defence [2021], a civil servant has won an …

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Coronavirus: Living with Covid – the implications for employers

Richard Fox considers how employers might respond to the end of the isolation rules Many may now consider the safest course is to redraft their sickness policies, or even introduce specific new ‘infection policies’. The government made its long-awaited Freedom Day announcement on Monday 21 February 2022 and later the same day the Cabinet Office …

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Holiday pay: Plumbing the depths

Stephen Ratcliffe and Richard Cook discuss what the latest twist in the calculation of variable holiday pay means for employers and their advisers Misclassified workers who have taken their Euro leave but not been paid for it can now roll over all of this leave indefinitely. Holiday pay has generated complex case law for many …

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Dismissal and re-engagement: Tesco barred from using fire and rehire – a revolution or evolution in the use of implied terms?

Lee Harding and Thomas Twitchett assess the impact of the High Court’s decision to grant an injunction stopping Tesco from stripping employees of a benefit described as permanent Employers should not fetter their ability to negotiate different terms or withdraw terms altogether in the future and it would be prudent to include an express term …

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Immigration: Key changes to right-to-work checks coming into force on 6 April 2022

Joanna Hunt looks at the government’s plans for online checks of prospective employees’ permission to work Employers will need to familiarise themselves with the online right-to-work checking system and update recruitment and policy documents to make reference to it and the new processes. This April, the prevention of illegal working system is going to undergo …

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Religion or belief discrimination: Recent Covid-19 decisions and employment rights for anti-vaxxers

Sacha Sokhi explores two decisions which help to shed light on whether dismissals for refusing to be vaccinated or to attend the workplace due to Covid fears will be religion or belief discrimination Whether an employee claims belief discrimination, religious discrimination or breach of their human rights, the first-tier tribunals have made it clear that …

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Grievance procedures: Handling vexatious complaints in the workplace

Amanda Sanders and Joanna MacKenzie set out how to deal with false or frivolous grievances in light of a recent ruling Employers can take action against employees who bring repeated, frivolous grievances. However, any action taken in response should be fair and proportionate in the circumstances. Employers are often concerned about taking action against an …

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Technology: AI in the workplace – understand the legal risks

Gwynneth Tan, Siobhan Atkin and Luke Bernard examine the benefits and potential pitfalls of using automated decision-making when hiring and managing staff As technology develops at pace and as organisations seek to integrate AI into their working practices, they need to be alert to the unintended legal consequences from using these tools. As we move …

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