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John Hayes and Jemma Sherwood-Roberts provide answers to employers’ questions on fearful commuters, ‘no jab no job’, flexible working requests, health and safety in the office and more Employers have a duty to consult their workforce on health and safety, and government guidance suggests holding discussions with individual workers about steps to make the return …
Continue reading "Covid-19: FAQs on the return to the office"
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Innes Clark outlines how to avoid the pitfalls associated with senior executive terminations While the statutory fairness of a dismissal is often of secondary consideration when terminating a senior executive’s employment, the reason for the dismissal will inform key aspects of the process. The dismissal of a senior executive may be both time and commercially …
Continue reading "Dismissal: A step-by-step guide for removing senior executives"
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Briony Richards examines the lessons for employers from a pair of recent cases in which a Christian claimed he was discriminated against due to his belief that adoption by same-sex couples is wrong Where an employee has acted in a manner that, religion or belief aside, does serious damage to the employer or its workforce, …
Continue reading "Religion or belief: When can an employer dismiss for expression of faith-based views?"
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With mandatory ethnicity pay reporting looking unlikely in the short term, Naeema Choudry analyses the case for voluntary reporting and some different approaches that employers can take While mandatory ethnicity pay reporting may have been pushed further down the line, it is an issue that is unlikely to go away. If the voluntary approach does …
Continue reading "Diversity and inclusion: Ethnicity pay reporting – challenges and benefits"
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Lydia Moore and Lydia Octon-Burke round up recent developments affecting employers and their advisers A poorly worded, unclear or even incomprehensible ET1 from a litigant in person may place a burden on a legally represented employer to clarify what the claim is. EAT offers direction on dealing with litigants in person In Cox v Adecco …
Continue reading "Legal news: Employment update"
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As the government and some employers consider compulsory Covid-19 jabs for certain workers, Lisa Rix examines the risks and benefits of such an approach Instructing staff to get the vaccine undoubtedly has the reasonable aim of seeking to ensure a Covid-free and safe workplace. However, this may not be a reasonable or lawful instruction if …
Continue reading "Coronavirus: Mandatory vaccinations for high-risk workplaces – worth a shot?"
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Beth Hale and Naomi Latham discuss how to prepare for a return to the office in light of the government’s latest Covid-19 guidance and a recent decision on employees’ right to refuse to attend work on health and safety grounds Employers will need to consider the impact of vaccination and any vaccine certification programme, as …
Continue reading "Covid-19: ‘Serious and imminent danger’ and the return to work"
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Despite a welcome ruling in the long-running Pimlico Plumbers case, avoiding breaches of the law on annual leave remains fraught with difficulty, warn Nick Hine and Ben Payne Many furloughed or other employees have accrued a large amount of holiday which they have not been able to take or wanted to take during the pandemic. …
Continue reading "Annual leave: Holiday pay and carry over – latest cases and the impact of the pandemic"
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Following the Mencap decision, Emma Burrows and Anna Scott look at how to measure workers’ hours for the purpose of calculating the minimum wage and compliance with the Working Time Regulations It is necessary to distinguish between whether an individual is actually working or is only available for work. The Supreme Court has delivered its …
Continue reading "Working hours: Sleep-in shifts and other tricky issues"
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The tricky issue of comparators has hit the headlines recently. Crowley Woodford and Sarah-Jane Gemmell take a closer look Employment tribunals should not weigh themselves down with extensive fact-finding exercises on the issue of whether the comparators would be employed on the same terms at the claimants’ establishment as at their own establishment. There have …
Continue reading "Equality Act: Choosing a suitable comparator – two recent cases"
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