This category can only be viewed by members.

Coronavirus: Recent Covid cases – lessons for employers

Ed Livingstone and Grace Waterhouse report on two recent employment tribunal cases arising from the pandemic and examine the lessons for employers It seems inevitable that, as in Montanaro, tribunals will consider Covid-19 to present circumstances of danger under the Employment Rights Act. This means that employees are likely to be protected from dismissal if …
This post is only available to members.

Health and safety: Strategies for a safe return to the office

Following the lifting of the requirement to work from home, Emma Williams discusses the pros and cons of different policies for returning to the workplace Gauging opinion by way of an employee survey ahead of any return will help employers to understand the state of employee morale and to develop an initial plan. On 19 …
This post is only available to members.

Covid-19: Governments advise, employers decide – can they require employees to be vaccinated?

Sean Nesbitt weighs up the case for mandatory vaccination as a condition of returning to the workplace Any decision to require vaccination (apart from when exceptions apply) should be part of a wider risk assessment that includes the other measures the employer is putting in place to protect employees. The pandemic continues to have a …
This post is only available to members.

Bereavement: Supporting employees through baby or pregnancy loss

Jessica Wicker and Laura Penny look at employees’ rights if they experience a miscarriage or stillbirth and consider some options available to employers if they are looking to go beyond their statutory obligations It is usually up to the discretion of the individual employer whether to offer compassionate leave, annual leave or unpaid leave if …
This post is only available to members.

Sexual harassment: Are proposed reforms too little too late?

Peter Summerfield comments on the government’s long-awaited response to its 2019 sexual harassment consultation The proposals appear substantially watered down compared to the WESC and EHRC recommendations and the timing leaves it open for the implementation of even these measures to be delayed. In July 2019, spurred on by the #MeToo movement and a previous …
This post is only available to members.

Misconduct: Employees behaving badly – can employers dismiss for bad behaviour outside the workplace?

In light of high-profile incidents over the summer, Michelle Clarke investigates employers’ ability to discipline employees whose conduct outside work has caused public outrage Employers should give careful thought to the facts that are known, or the details that they need to uncover, and decide whether there is a link between the employee’s misbehaviour and …
This post is only available to members.

Employee monitoring: CCTV recording at work – principles and pitfalls

Mike Hibberd warns that it is no easy matter to act on evidence of misconduct or poor performance obtained through electronic surveillance CCTV systems must always be used for a specified purpose to further a legitimate aim and their use must be necessary for meeting an identified pressing need. Employee monitoring is always a hot …
This post is only available to members.

Legal news: Employment update

Susan Mackay rounds up the latest developments affecting employers and their advisers Although the responses to BEIS’ consultation were generally in favour of a new workers’ watchdog, a number of concerns were raised. Workers’ Watchdog: New single enforcement body to be created On 8 June, the Department for Business, Energy and Industrial Strategy (BEIS) published …
This post is only available to members.

Covid-19: Health and safety dismissals – a tale of two cases

Danielle Parsons and Rebecca Denvers compare two recent decisions in which the claimants argued that their dismissals were automatically unfair under the ‘serious and imminent danger’ provisions in the ERA It has not been difficult for employees to establish a reasonable belief that there were circumstances of danger in the early days of the pandemic …
This post is only available to members.

Brexit: Settlement scheme deadline – what can employers do now?

Amanda Sanders and Aida Geragusian review the updated rules on right-to-work checks and what happens if an EEA national has not applied for settled or pre-settled status in time From 1 July 2021, employers need to request evidence of an EEA national’s status under the EUSS or under an alternative UK immigration route before employment …
This post is only available to members.