October 2021 - Case Law Update

In our final quarterly case law update for 2021, we look at some of the key cases published since July 2021 and consider the lessons we can learn from them.

Furlough and redundancy

As a result of the backlog within the Employment Tribunal system, we are only just starting to see the Tribunal making decisions on the actions taken by employers during the pandemic, specifically in their use of furlough under the Coronavirus Job Retention Scheme (CJRS).

In Mhindurwa v Lovingangels Care Limited, the Tribunal held that an employee was unfairly dismissed where the employer failed to consider using the CJRS as an alternative to redundancy. In contrast, a different decision was made by the Tribunal in Handley v Tatenhill Aviation Limited, where it was held that dismissing an employee despite the presence of the CJRS did not render the dismissal unfair. It is important to note that both decisions are only first instance decisions and therefore are not binding on other