Coronavirus – Law Journals

Coronavirus: Living with Covid – the implications for employers

Richard Fox considers how employers might respond to the end of the isolation rules Many may now consider the safest course is to redraft their sickness policies, or even introduce specific new ‘infection policies’. The government made its long-awaited Freedom Day announcement on Monday 21 February 2022 and later the same day the Cabinet Office …

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Covid-19: What next after Plan B?

James Morrison looks at the issues facing employers following the lifting of Plan B restrictions and considers the risks involved in cutting sick pay for unvaccinated staff Employers may be able to show that disciplinary action for refusing to get vaccinated is reasonable or that the policy was objectively justified. However, in all cases, employers …

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Coronavirus: Recent Covid cases – lessons for employers

Ed Livingstone and Grace Waterhouse report on two recent employment tribunal cases arising from the pandemic and examine the lessons for employers It seems inevitable that, as in Montanaro, tribunals will consider Covid-19 to present circumstances of danger under the Employment Rights Act. This means that employees are likely to be protected from dismissal if …

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Health and safety: Strategies for a safe return to the office

Following the lifting of the requirement to work from home, Emma Williams discusses the pros and cons of different policies for returning to the workplace Gauging opinion by way of an employee survey ahead of any return will help employers to understand the state of employee morale and to develop an initial plan. On 19 …

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Covid-19: Governments advise, employers decide – can they require employees to be vaccinated?

Sean Nesbitt weighs up the case for mandatory vaccination as a condition of returning to the workplace Any decision to require vaccination (apart from when exceptions apply) should be part of a wider risk assessment that includes the other measures the employer is putting in place to protect employees. The pandemic continues to have a …

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Covid-19: Health and safety dismissals – a tale of two cases

Danielle Parsons and Rebecca Denvers compare two recent decisions in which the claimants argued that their dismissals were automatically unfair under the ‘serious and imminent danger’ provisions in the ERA It has not been difficult for employees to establish a reasonable belief that there were circumstances of danger in the early days of the pandemic …

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Financial provision: Risky business

David Wilkinson analyses a recent decision on an application to set aside based on the impact of Covid-19 on asset values In FRB v DCA (No 3), a dearth of evidence regarding the specific impact of the pandemic on the husband’s extensive asset base, which ranged across various countries and industries, coupled with unfavourable findings …

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Covid-19: FAQs on the return to the office

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 …

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Coronavirus: Mandatory vaccinations for high-risk workplaces – worth a shot?

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 …

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Annual leave: Holiday pay and carry over – latest cases and the impact of the pandemic

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. …

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