This category can only be viewed by members.

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 …
This post is only available to members.

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 …
This post is only available to members.

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 …
This post is only available to members.

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. …
This post is only available to members.

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 …
This post is only available to members.

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 …
This post is only available to members.

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 …
This post is only available to members.

Legal news: Employment update

Emma Malczewski rounds up recent developments affecting employers and their advisers Employers need to continue to be mindful of employee relations – situations can arise where employees move away from their existing union to a newer union with different objectives. Uber makes changes after Supreme Court ruling that its drivers are ‘workers’ Following Uber’s defeat …
This post is only available to members.

Coronavirus: Ruling on driver’s face mask objection reveals the road to a fair dismissal

David Jepps examines the first reported employment tribunal decision on whether a dismissal for refusing to wear a face mask was fair Kubilius underlines that employers are at liberty to make their own rules, within reason, and a breach of such rules entitles them to take disciplinary action. Employers and their advisers have been facing …
This post is only available to members.

Furlough: CJRS scheme extended again – current issues and priorities for employers

Lucy Lewis and Richard Moore discuss the implications of the decision to extend the furlough scheme to the end of September 2021, with employer contributions gradually increasing from July As lockdown restrictions ease, we can expect to see new debates about how the furlough scheme interacts with arrangements for schools and with the roll-out of …
This post is only available to members.