ArticleUpdated ICO Data Sharing Code Of Practice Is Now In ForceThe Information Commissioner's Office (ICO's) new version of its statutory data sharing code of practice (the Code) came into force on 5 October.United KingdomPrivacyTrowers & Hamlins
ArticleA Couple Of Recent Decisions On Furlough And RedundancyTwo recent employment tribunal cases have provided helpful guidance on making redundancies during the operation of the Coronavirus Job Retention Scheme (CJRS).United KingdomEmployment and HRTrowers & Hamlins
ArticleConsultation Issued On Mandatory Vaccination For All Frontline Workers In Health And Social Care SettingsOn 9 September the DHSC issued a consultation (which closes on 22 October) which looks at whether mandatory vaccination should be required of all those in contact with patients and people receiving care, ...United KingdomCoronavirus (COVID-19)Trowers & Hamlins
ArticleGuidance On Calculating The National Minimum Wage For Sleep-in Workers Updated By BEISBEIS notes that the position is different where workers are expected to perform activities for all or most of a shift, and are only permitted to sleep between tasks where possible.United KingdomEmployment and HRTrowers & Hamlins
ArticleDismissal Of Employee Who Had Concerns About Returning To The Office Was Not UnfairAn employment tribunal has held in Accattatis v Fortuna Group (London) Ltd that the dismissal of an employee who expressed concerns about commuting and attending the office during lockdown...United KingdomEmployment and HRTrowers & Hamlins
ArticlePay Protection And Reasonable AdjustmentsThe Employment Appeal Tribunal (EAT) has held in Aleem v E-Act Academy that it is not a reasonable adjustment to protect pay permanently when disability means that a teacher can no longer teach.United KingdomEmployment and HRTrowers & Hamlins
ArticleAcas Publishes Long-Covid AdviceAcas has published advice for employers and workers in response to the growing impact of long Covid in the workplace.United KingdomEmployment and HRTrowers & Hamlins
ArticleBurden Of Proof In Discrimination CasesThe Supreme Court has agreed with the Court of Appeal and held that the Employment Appeal Tribunal (EAT) was incorrect to conclude that there is no initial burden of proof on a claimant in a ...United KingdomEmployment and HRTrowers & Hamlins
ArticleDismissal Of Employee Who Refused To Attend Self-isolating Manager's Home Was UnfairThe tribunal has held in Ham v Esl Bbsw Ltd that the claimant's dismissal as a result of his refusal to deliver equipment to his self-isolating manager's home was unfair.United KingdomEmployment and HRTrowers & Hamlins
ArticleEmployee Able To Proceed With A Victimisation Claim Concerning His Employer's Failure To Furlough HimThe claimant had previously brought various claims against his employer.United KingdomEmployment and HRTrowers & Hamlins
ArticleGovernment Publishes New Guidance For Businesses On Tackling Loneliness Among Their WorkersThe Department for Digital, Culture, Media and Sport has published new guidance, 'Employers and loneliness', to address what organisations can do to tackle loneliness among their workers.United KingdomEmployment and HRTrowers & Hamlins
ArticleGuidance On Uplifts When The Acas Code Is BreachedThe Employment Appeal Tribunal (EAT) has given guidance to tribunals on assessing the appropriate percentage uplift to compensation for failure to comply with the Acas Code on Disciplinary...United KingdomEmployment and HRTrowers & Hamlins
ArticleGuidance Published On Vaccination Of People Working In Care HomesThe Department for Health and Social Care (DHSC) published operational guidance on vaccination of people working or deployed in care homes on 4 August to help support...United KingdomEmployment and HRTrowers & Hamlins
ArticleLack Of Protection From Detriment For Participating In Strike Action Breached Article 11The Employment Appeal Tribunal (EAT) has held in Mercer v Alternative Future Group Ltd and anor (Secretary of State for Business, Energy and Industrial Strategy intervening) that lack of protection from detriment for ...United KingdomEmployment and HRTrowers & Hamlins
ArticleObjective Justification And DisabilityThe Employment Appeal Tribunal (EAT) has held in Gray v University of Portsmouth that it is not sufficient for a tribunal to say thatUnited KingdomEmployment and HRTrowers & Hamlins
ArticlePersonal Service And The Right Of SubstitutionThe Employment Appeal Tribunal (EAT) has held in Stojsavljevic and another v DPD Group UK Ltd that individual owner driver franchisees (ODFs) who provided delivery services to DPD were neither employees nor workers.United KingdomEmployment and HRTrowers & Hamlins
ArticleQueen's Speech: Employment ImplicationsThere was no mention in the Queen's speech of the Employment Bill (which will, reportedly, be introduced "when the time is right").United KingdomEmployment and HRTrowers & Hamlins
ArticleStrike Out For Non-ComplianceThe Employment Appeal Tribunal (EAT) has held in the case of Emuemukoro v Croma Vigilant (Scotland) Ltd that a tribunal...United KingdomEmployment and HRTrowers & Hamlins
ArticleThe Budget: Employment ImplicationsThe Chancellor of the Exchequer, Rishi Sunak, announced a rise in national minimum wage (NMW) and national living wage (NLW) rates in his Budget speech on 27 October. United KingdomEmployment and HRTrowers & Hamlins
ArticleTribunal Was Wrong To Strike Out Menopause Disability And Sex Discrimination ClaimsThe EAT has held that the employment tribunal erred in striking out the claimant's menopause disability and sex discrimination claims in Rooney v Leicester City Council.United KingdomEmployment and HRTrowers & Hamlins