October 2021 #224 – Law Journals

Legal news: Employment update

Jo Broadbent rounds up recent developments affecting employers and their advisers In Dodson, the EAT confirmed that women are less likely to be able to accommodate certain working patterns than men because of childcare responsibilities. Supreme Court confirms no change to burden of proof in discrimination cases The Supreme Court decision in Royal Mail Group …

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Flexible working: How to introduce a successful hybrid working strategy

Emma Burrows and Anna Scott consider the key points from recent Acas guidance on hybrid working and some tricky issues that can arise An employer will have responsibility for its staff wherever they are working and will need to consider health, safety and wellbeing, performance management and training and development. Stop press: new consultation …

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Coronavirus Job Retention Scheme: How to manage the return from furlough

With the CJRS ending on 30 September 2021, many employers are turning their minds to managing employees’ return from furlough. Sophie Lockwood takes a look at the key considerations Employers should consult with staff and, where appropriate, their representatives as early as possible about returning to work at the end of furlough. Between 1 March …

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Furlough scheme: Recent cases highlight importance of considering alternatives to redundancy

Sarah Evans examines two decisions on whether it was fair to make employees redundant instead of furloughing them and the wider lessons for employers making redundancies as the CJRS closes The distinguishing feature of these two cases, and a clear reminder to employers, is that a failure to consider an alternative to redundancy, whatever that …

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Gender pay reporting: The pitfalls of reducing the gap in haste

Deborah Casale and Sacha Sokhi look at the lessons from a recent sex discrimination case in which two male directors successfully claimed they were dismissed to improve their employer’s gender pay gap The difference between positive action and direct discrimination is subtle and employers should take advice and proceed with caution when using these provisions. …

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Contract variations: Can you pay staff less for working remotely?

David Jepps explores whether UK employers can cut the pay of employees who continue to work from home A pay cut is treated as a deduction and if employers unilaterally reduce pay, employees can make unlawful deductions claims to an employment tribunal. As Covid-19 restrictions continue to be reduced and the effects of the pandemic …

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Mental health: A right to disconnect – the answer to the epidemic of hidden overtime?

Melanie Stancliffe assesses the case for a legal right for employees to switch off outside their normal working hours Despite the lack of legislation, there is nothing stopping employers from voluntarily tackling the ‘always on’ culture and benefiting from the advantages that this brings. Based on Labour Force Survey data, the TUC has claimed that …

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