February 2021 #217 – Law Journals

Legal news: Employment update

Jackie Thomas and Catherine Turner round up recent case law and developments affecting employers and their advisers Employers should assess the impact on the pregnant employee when considering whether a step which is intended to be supportive is in fact unfavourable treatment. Adjustments for pregnant employee were ‘unfavourable’ even when intended to protect her from …

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Covid-19: Can employers force staff to have the vaccine?

Following the news that Pimlico Plumbers is planning ‘no jab, no job’ contracts for staff, Victoria von Wachter considers whether employers can insist that employees have the Covid vaccine Although the government is not compelling anyone to have the Covid jab, certain employers may feel strongly enough to require their employees to be vaccinated. Since …

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Furlough: How to manage the impact of the latest lockdown

With schools closed to most pupils and the clinically extremely vulnerable being asked to shield, Adele Hayfield and Antonia Blackwell examine the competing demands which employers must balance at this difficult time Employers will want to consider their operational requirements and the practicalities of agreeing to furlough leave. A business is unlikely to be able …

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Employment status: IR35 – the elephant in the room

Will Clayton analyses April’s changes to the off-payroll working rules, which have been described as the biggest shake-up of contracting in 20 years End-user clients or other ‘fee-payers’ of individual contractors will have to do something they have not legally been required to do before: undertake detailed assessments to determine whether each contractor is caught …

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Health and safety: High Court rules UK failed to implement EU protections for limb (b) workers

Lee Harding and William Mallin explore the recent ruling that workers should be able to bring health and safety detriment claims and should be entitled to personal protective equipment (PPE) The High Court’s judgment fits squarely within the recent trend of courts extending legislation to confer protection on limb (b) workers. Employers that have adopted …

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Equality: Race discrimination under the spotlight

Paul Reeves and Leanne Raven discuss the increasing pressure on employers to demonstrate their steps to address racism in the workplace and to promote diversity It is important that employers are aware of more subtle forms of discrimination, which include microaggression and unconscious bias. Following the death of George Floyd in 2020 and the rise …

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Gender reassignment: Transgender employment rights – where are we now?

Shah Qureshi reviews the current position on transgender rights in the workplace Not having a gender recognition certificate should make no difference to how an employer treats a trans employee or assesses their performance; it should treat the person as being the gender that they identify as. Transgender, or trans, is a term which describes …

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