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Legal news: Employment update

Jo Broadbent rounds up recent developments affecting employers and their advisers To establish a defence under the Equality Act, employers have to show that they have taken all reasonable steps to prevent employees from committing acts of discrimination or harassment. Agency workers not entitled to apply for vacancies, just to be told about them Under …
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Employment status: Supreme Court reframes the approach for determining worker status in Uber case

Alan Lewis highlights the key points to come out of the Supreme Court’s long-awaited decision in Uber In the Supreme Court’s view, it would be inconsistent with the purpose of the legislation to treat the terms of a written contract as the starting point to decide whether an individual falls within the definition of a …
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Covid tests: Workplace lateral flow testing – avoid the legal and practical pitfalls

Emily Battcock considers the practical issues involved in workplace coronavirus testing and how employers can minimise the risk of claims for breaches of employment or data protection laws Any information relating to health is classified as special category data under the GDPR. Even if employees agree to be tested, employers still need to comply with …
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Coronavirus: Is long Covid a new form of disability?

Michelle Chance, Chris Warwick-Evans and Louisa Hartley discuss how to reduce the risk of successful discrimination claims from employees with ongoing or intermittent Covid-19 symptoms We can expect to see far more clinical diagnoses of long Covid and related employment tribunal claims in the future. A study conducted by researchers at King’s College London estimates …
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Sex equality: Managing the impact of the pandemic on working women

Helen Burgess explores why women have been disproportionately affected by the government’s response to Covid and how employers can redress the balance It is undeniable that Covid has been a major setback to women in workplaces and its impact may be felt for years to come. Organisations are at risk of becoming less diverse and …
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Electronic surveillance: Monitoring home workers – getting the balance right

Innes Clark looks at the legal limits on employee monitoring and at whether privacy protections need strengthening in response to the ‘new normal’ For monitoring to be lawful, the employer has to find the right balance between its interests in monitoring employees and employees’ rights to privacy. March 2020 saw one of the biggest changes …
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Immigration: Business travel in the post-Brexit landscape

Samar Shams explains when employees are permitted to travel between the UK and EU without needing a visa When travelling on business without a visa, it is best for employees to carry a letter setting out exactly what activities they intend to undertake and how these fit within the UK or EU restrictions, as applicable. …
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Legal news: Employment update

Jackie Thomas and Catherine Turner round up recent case law and developments affecting employers and their advisers Employers should assess the impact on the pregnant employee when considering whether a step which is intended to be supportive is in fact unfavourable treatment. Adjustments for pregnant employee were ‘unfavourable’ even when intended to protect her from …
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Covid-19: Can employers force staff to have the vaccine?

Following the news that Pimlico Plumbers is planning ‘no jab, no job’ contracts for staff, Victoria von Wachter considers whether employers can insist that employees have the Covid vaccine Although the government is not compelling anyone to have the Covid jab, certain employers may feel strongly enough to require their employees to be vaccinated. Since …
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Furlough: How to manage the impact of the latest lockdown

With schools closed to most pupils and the clinically extremely vulnerable being asked to shield, Adele Hayfield and Antonia Blackwell examine the competing demands which employers must balance at this difficult time Employers will want to consider their operational requirements and the practicalities of agreeing to furlough leave. A business is unlikely to be able …
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