May 2021 #220 – Law Journals

Legal news: Employment update

Lydia Moore and Lydia Octon-Burke round up recent developments affecting employers and their advisers A poorly worded, unclear or even incomprehensible ET1 from a litigant in person may place a burden on a legally represented employer to clarify what the claim is. EAT offers direction on dealing with litigants in person In Cox v Adecco …

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Coronavirus: Mandatory vaccinations for high-risk workplaces – worth a shot?

As the government and some employers consider compulsory Covid-19 jabs for certain workers, Lisa Rix examines the risks and benefits of such an approach Instructing staff to get the vaccine undoubtedly has the reasonable aim of seeking to ensure a Covid-free and safe workplace. However, this may not be a reasonable or lawful instruction if …

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Covid-19: ‘Serious and imminent danger’ and the return to work

Beth Hale and Naomi Latham discuss how to prepare for a return to the office in light of the government’s latest Covid-19 guidance and a recent decision on employees’ right to refuse to attend work on health and safety grounds Employers will need to consider the impact of vaccination and any vaccine certification programme, as …

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Annual leave: Holiday pay and carry over – latest cases and the impact of the pandemic

Despite a welcome ruling in the long-running Pimlico Plumbers case, avoiding breaches of the law on annual leave remains fraught with difficulty, warn Nick Hine and Ben Payne Many furloughed or other employees have accrued a large amount of holiday which they have not been able to take or wanted to take during the pandemic. …

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Working hours: Sleep-in shifts and other tricky issues

Following the Mencap decision, Emma Burrows and Anna Scott look at how to measure workers’ hours for the purpose of calculating the minimum wage and compliance with the Working Time Regulations It is necessary to distinguish between whether an individual is actually working or is only available for work. The Supreme Court has delivered its …

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Equality Act: Choosing a suitable comparator – two recent cases

The tricky issue of comparators has hit the headlines recently. Crowley Woodford and Sarah-Jane Gemmell take a closer look Employment tribunals should not weigh themselves down with extensive fact-finding exercises on the issue of whether the comparators would be employed on the same terms at the claimants’ establishment as at their own establishment. There have …

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Litigation: Covid-19 related claims and how to avoid them

Samantha Mackie and Kim Pattullo explain how to reduce the risk of employment tribunal claims arising from the pandemic and resulting economic downturn For employers looking to implement redundancy exercises, it is important that they take the time to ensure their processes are legally compliant. The coronavirus pandemic has undoubtedly had a profound impact on …

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