Covid-19 – Page 2 – Law Journals

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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Barder: Exceptional and rare

Cate Maguire looks at how the Barder principle has been applied in cases involving ‘known unknowns’ Neither of the decisions in S v T and HW v WW represent a restriction or characterisation of the Barder principle, but rather affirmation of its exceptionality, even in these most unusual times. The family courts have recently had …

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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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Legal news: Employment update

Jo Broadbent rounds up recent developments affecting employers and their advisers Once a breach of duty occurs, an employer’s subsequent actions to make amends will not remedy the situation. Re-engagement not practicable because of employer’s genuine doubts about capability Kelly v PGA European Tour [2021] is a relatively rare example of a Court of Appeal …

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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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Covid-19: ‘Serious and imminent danger’ and the return to work

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 …

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Litigation: Covid-19 related claims and how to avoid them

Samantha Mackie and Kim Pattullo explain how to reduce the risk of employment tribunal claims arising from the pandemic and resulting economic downturn For employers looking to implement redundancy exercises, it is important that they take the time to ensure their processes are legally compliant. The coronavirus pandemic has undoubtedly had a profound impact on …

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