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The matter of refusing to employ job applicants because of not having had the COVID-19 vaccination is a complex area of employment law. Under the Equality Act, it is unlawful to discriminate a job applicant on the grounds of their protected characteristic (age, disability, sex, race, religion etc). There will
COVID-19 has shown businesses that how people do their jobs is more important than where they do them. This has led to many employers letting staff decide to either work from home, the office or a mixture of both. This combination of working from home and being office-based, known as
On the 31 December 2020, the Brexit Transition period ended meaning that from 1 January 2021, the UK has been able to amend UK employment legislation underpinned by European law. The UK’s Data Protection Act 2018 is one example, which is underpinned by the European GDPR. This article considers the
The following health and safety incident could have been so much worse and could quite easily have been a fatality after a 4.5m fall from height. A care home for vulnerable adults has been fined after a resident was injured in a fall from height. Airdrie Sheriff Court heard how
Soaring unemployment in the aftermath of COVID-19, on top of an existing backlog, has seen the highest level of employment tribunal claims in ten years. A person bringing an employment tribunal claim will now have to wait 14 months to have their case resolved, with while a quarter of people
A significant ruling has recently been published in the case of Asda workers claiming equal pay rights. The Supreme Court ruling The Supreme Court have deemed that the (predominantly female) retail workers can compare themselves to their (predominantly male) counterparts working in the distribution centres, even though these are separate
According to the Health and Safety Executive (HSE), “Anyone engaging contractors has health and safety responsibilities, both for the contractors and anyone else that could be affected by their activities.” This article shows how a Principal Contractor can be prosecuted for the failings on Health & Safety of any of
The Government’s coronavirus (COVID-19) workplace testing scheme will be widened in the coming weeks, and so eligible employers must register their interest by 12 April. Why you should test your workforce Around 1 in 3 people who have COVID-19 are reported not to have any symptoms and so spread the
This interesting case shows how a seemingly basic task could have ended in fatal consequences due to the employer not correctly risk assessing the work being undertaken and also the workers allowing the unsafe work to continue without raising concerns. Falls from height remain one of the most common causes
It is reported that depression, which is just one form of mental ill health, is the second leading cause of disability worldwide. The Office for National Statistics reported that stress, depression or anxiety accounted for 54% of all working days lost due to ill health. Mental health can have a
Bullying and harassment in the workplace continues to be a topic which employers can always learn from as part of a continuous aim to protect their employees from harm and to promote dignity and respect in the workplace for all. Currently Buckingham Palace has a high profile employment issue with
In this article with accompanying webinar recording, we look back over some of 2020’s key interesting employment tribunal cases, as well as consider how UK employment will be impacted by Brexit. UK Employment Law 2021 and Beyond How leaving the EU impacts UK legislation When the UK was a member
M Gallacher vs Abellio Scotrail Ltd – An exceptional fair dismissal A fair dismissal requires a proper procedure to be followed, and the decision to dismiss to fall within the band of reasonable responses. However, in the employment tribunal case Gallacher vs Abellio Scotrail Ltd, an exception was made given
Working Time Regulations – Travel Time A group of home care providers were ordered to pay more than £100,000 in backdated earnings, equating to around £10,000 per employee, which was the equivalent of 9 months full time work at the national minimum wage and holiday pay rates because of a
Redundancy Consultation Deciding the threshold for when collective consultation is triggered: Case UQ v Marclean Technologies SLU looks at when the threshold exists for when collective redundancy consultation is triggered. In this case, UQ was dismissed on the grounds of redundancy, however the company then made a further 36 redundancies
Marital Status Discrimination Bacon v Advanced Fire Solutions Ltd and Ellis: Less favourable treatment after announcing divorce was marital status discrimination Mrs Bacon’s husband joined the organisation after Mrs Bacon, but both went on to take up Director roles. In 2017, Mrs Bacon informed Mr Bacon of her wish to
The following interesting health and safety case shows how even the biggest employers and well-respected companies that we all use still have difficulty in checking, maintaining and making their equipment safe. This accident could have been far worse and could have resulted in the worker not only losing their arm
Unfair Dismissal Chemcem Scotland Ltd v Ure: Unfair Dismissal? This is a case looking at whether an employee’s failure to return to work after maternity leave was a constructive unfair dismissal following repudiatory acts. In constructive dismissal claims, a contract is not automatically terminated by an employer’s repudiatory breach. For
Religious Belief Discrimination Mrs. K Higgs vs Farmor’s School: Employer successfully defends Religious Belief Discrimination claim Mrs. K Higgs, employed in a school, was dismissed for having posted on her private Facebook account, her own views criticizing the teaching of LGBT relationships in primary schools. The school had been made
Pregnancy Discrimination Ms K Wright vs Coupland Cavendish Ltd Ms K Wright was employed as an administrator and was dismissed after one week of employment because she suffered from pregnancy related hyperemesis, causing nausea, and vomiting. This led to her having two separate days off sick. The reason for the
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