‘The main challenges to compulsory vaccination policies come from unfair dismissal and discrimination law. Unfair dismissal claims are available to employees with two years’ service. Claims would hinge upon the issue of whether an employee’s refusal to comply with a vaccination policy is a ‘substantial reason’ sufficient to justify their dismissal.’
Law Society's Gazette, 27th September 2021
Source: www.lawgazette.co.uk
‘Despite the concerns expressed by many commentators ahead of Brexit about the possibility of significant deregulatory reform of employment protection legislation once the United Kingdom left the EU, precious little has been heard subsequently in this regard in terms of specific proposals other than a brief flurry of speculation earlier this year about potential reform of working time, rest break and holiday entitlement provisions. This culminated in the Government’s confirmation that a review of workers’ rights would not be proceeding and its statement, in explaining the failure to include the promised Employment Bill in the most recent Queen’s Speech, that it is “unequivocal in its commitment to protect and enhance workers’ rights as we build back better from the pandemic….”’
UK Labour Law, 22nd September 2021
Source: uklabourlawblog.com
‘The judgment in Forstater v CDG Europe UKEAT/0105/20/JOJ has forced the courts yet again to grapple with the transgender debate. We have already seen the judiciary face up to the challenging issues of whether children with gender dysphoria can consent to receiving puberty blockers (see recent decision in Bell v Tavistock and Portman NHS Foundation Trust [2021] EWCA Civ 1363). In the present case, the issue was whether the Claimant’s belief that biological sex is real, important, immutable, and not to be conflated with gender identity was a “philosophical belief” within the meaning of section 10 of Equality Act 2010 (“EqA”).’
UK Human Rights Blog, 21st September 2021
Source: ukhumanrightsblog.com
‘Gig economy firms are facing calls to better protect their workers, as an MP and a trade union warn of a wave of harassment and physical and emotional abuse facing couriers and taxi drivers.’
The Independent, 19th September 2021
Source: www.theguardian.com
‘The use of non-disclosure agreements (NDAs) cannot be effectively controlled by professional regulators like the Solicitors Regulation Authority (SRA) and legislation is needed, a law professor and campaigner for tougher restrictions has said.’
Legal Futures, 15th September 2021
Source: www.legalfutures.co.uk
‘A few days ago it was highlighted in the press that the Association of Independent Meat Suppliers was in discussions with the Ministry of Justice. The aim of these was to explore how prisoners could be used to cover labour shortages, one of the many reported effects of Brexit. The scheme under which this could be done is the “Release under Temporary License”, which permits certain categories of prisoners who are on day release to work. Another group of prisoners who could work in this context are those with long sentences that are coming towards the end of these and who are idle for years while in prison.’
UK Labour Law, 8th September 2021
Source: uklabourlawblog.com
‘Alice Thompson wanted to work shorter hours to pick her daughter up from nursery, but ended up resigning.’
BBC News, 7th September 2021
Source: www.bbc.co.uk
‘A woman who raised concerns about the safety of children at an NHS gender clinic has been awarded £20,000 in an employment tribunal case.’
BBC News, 5th September 2021
Source: www.bbc.co.uk
‘The High Court has allowed a PI claim to be pursued by an employee against his former bosses – even though the parties settled an employment tribunal claim over the same matter years previously.’
Law Society's Gazette, 2nd September 2021
Source: www.lawgazette.co.uk
‘Hari Menon looks at the problems that arise for employers where an employee stays away from work, pointing to the risks to his health from potentially contracting Covid.’
Local Government Lawyer, 3rd September 2021
Source: www.localgovernmentlawyer.co.uk
‘A damning new report has highlighted the ongoing prevalence of sexual harassment and abuse in the music industry, as the UK begins to see the return of live music.’
The Independent, 3rd September 2021
Source: www.independent.co.uk
‘Fresh guidance on monitoring workers and on using artificial intelligence (AI) tools in recruitment is to be issued to employers in the UK under plans announced by two UK regulators.’
OUT-LAW.com, 31st August 2021
Source: www.pinsentmasons.com
‘As the UK eases back into in-person work environments, some employers are considering pay cuts for employees who elect to work remotely.’
Each Other, 25th August 2021
Source: eachother.org.uk
‘The EAT’s earlier decision in Timothy James Consulting Ltd v Wilton [2015] IRLR 368 had been decided per incuriam European Directives and domestic case law, in the light of which it was “manifestly wrong”. In so far as Wilton had decided that a constructive dismissal could not itself amount to an act of unlawful harassment within the meaning of section 26 of the Equality Act 2010 (“EqA”), it would not be followed.’
3PB, August 2021
Source: www.3pb.co.uk
‘The Supreme Court has unanimously dismissed this appeal concerning two questions of law:
(i) whether a change in the wording of equality legislation has altered the burden of proof in employment discrimination cases, and
(ii) when a tribunal may draw adverse inferences from the absence of a potential witness.’
3PB, 9th August 2021
Source: www.3pb.co.uk
‘Prior to her dismissal, the claimant was a senior employee with a continuous unblemished service record of 38 years.’
3PB, 9th August 2021
Source: www.3pb.co.uk
‘The Public Defender Service (PDS) has been ordered to pay £100,000 in compensation to an employee unfairly dismissed after suffering post-traumatic stress disorder (PTSD) due to her work debriefing a murderer.’
Legal Futures, 23rd August 2021
Source: www.legalfutures.co.uk
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