The Return to Work After Lockdown – 39 Essex Chambers

Posted May 15th, 2020 in chambers articles, coronavirus, employment, health, health & safety, news by sally

‘As we enter the second phase of the national battle against Covid-19 it is possible to discern a change in the political climate. The cease-fire that has been in place for the last two months may be coming to an end, with the question of how the non-WFH workforce might resume fruitful economic activity dividing not just the political parties but also the national and devolved administrations. The early indications are that the conservative government’s preferred approach is to hand over to businesses the task of designing the ‘covid-secure’ workplace and then managing the return of their workers. Detailed practical guidance from government and the HSE (https://www.hse.gov.uk/index.htm) is already arriving and there will be extensive consultation with the unions, whose priority will be to prevent a resumption of work in unsafe factories, offices and sites. No doubt much can also be learned from those businesses that have been able to continue operating during lockdown. To ensure safety and consistency, the prime minister has promised the close involvement of the HSE – spot checks of workplaces are even being planned – and returning workers are being encouraged to blow the whistle on unsafe practices and premises.’

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39 Essex Chambers, 13th May 2020

Source: www.39essex.com

Fraud Under the Furlough Scheme – Church Court Chambers

Posted May 15th, 2020 in chambers articles, coronavirus, employment, fraud, news, remuneration by sally

‘On the 20 March 2020, the UK Government Chancellor, Rishi Sunak announced a number of measures to help employees and businesses through the COVID-19 pandemic crisis: one of them was the Coronovirus Job Retention Scheme (“CJRS”). As billions of pounds is paid in grants to companies, the temptation to exaggerate claims, lie, cheat or just make fraudulently claims will occur. New loopholes and opportunities for fraud have emerged. HMRC is aware of this and have even set up a specialised whistleblower line. Yasin Patel and Amy Hazlewood explore the scheme and the potential criminal offences for anyone found to have made fraudulent claims under the CJRS.’

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Church Court Chambers, May 2020

Source: churchcourtchambers.co.uk

Injunction to prevent a breach of mutual trust and confidence: Smo v Hywel Dda University Health Board [2020] EWHC 727 (QB) – 3PB

‘The Court found in favour of the Claimant, a Consultant Surgeon, to restrain the Defendant from continuing a working relationships investigation into his alleged conduct, competence or behaviour, whilst carrying out disciplinary proceedings in parallel. The Defendant’s breached a duty of mutual trust it owed to the Claimant when they decided to embark on a working relationships investigation which was not decided through the exercise of a discretionary power expressly or impliedly conferred on it by the Claimant’s contract of employment.’

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3PB, 1st May 2020

Source: www.3pb.co.uk

COVID-19: Frustration & Contracts of employment – 3PB

‘Frustration is a common law doctrine where a contract is treated as discharged by operation of law when an event has occurred which renders continued performance impossible, illegal or radically different to that contemplated by the parties when they entered into the contract. The doctrine was first established in Taylor v Caldwell (1863) 3 B&S 826, where a music hall had been destroyed by fire, but has developed thereafter.’

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3PB, May 2020

Source: www.3pb.co.uk

Teachers can legally refuse to return over health risk, says union – The Guardian

‘Teachers can legally refuse to return when schools reopen unless they get the same protections against coronavirus as other frontline staff, one of the UK’s leading teaching unions has warned.’

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The Guardian, 14th May 2020

Source: www.theguardian.com

Disciplinary and Grievance Procedures During the Coronavirus Pandemic: Guidance from ACAS – Coronavirus Guidance for Lawyers and Businesses

‘ACAS has produced guidance on Disciplinary and grievance procedures during the coronavirus pandemic.’

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Coronavirus: Guidance for Lawyers and Businesses, 6th May 2020

Source: lawinthetimeofcorona.wordpress.com

Disability discrimination claim for failure to make reasonable adjustments? – Rakova v London West Healthcare NHS Trust UKEAT/0043/19/LA – 3PB

‘Employees can often complain where they feel that their managers are not giving them the tools they need to do their jobs efficiently, effectively or productively. How does that situation relate to a disability discrimination claim for failure to make reasonable adjustments? – Rakova v London North West Healthcare NHS Trust UKEAT/0043/19/LA.’

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3PB, May 2020

Source: www.3pb.co.uk

Employment Tribunals in the pandemic: The Presidential Guidance, the reality, and the future – 3PB

Posted May 13th, 2020 in chambers articles, coronavirus, employment, employment tribunals, news by sally

‘The Presidential Guidance issued in connection with the conduct of Employment Tribunal proceedings during the COVID-19 pandemic was effective from 18th March 2020.’

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3PB, 4th May 2020

Source: www.3pb.co.uk

Redundancy and Coronavirus: Picking up the Pieces – Six Pump Court

‘Clearly recent events have had a huge impact on business and substantial changes to the nature and size of workforces is expected which will, unfortunately, require consideration of redundancies.’

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Six Pump Court, 11th May 2020

Source: www.6pumpcourt.co.uk

Disability discrimination when shielded during Covid-19 – 1MCB

‘In this blog, we consider the employment protections from discrimination and dismissal available to disabled people who are also shielding during Covid-19.’

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1MCB, May 2020

Source: 1mcb.com

Coronavirus: Do I have to go back to work after lockdown? – BBC News

Posted May 12th, 2020 in coronavirus, employment, health & safety, news by sally

‘The government has started easing lockdown restrictions, with more people now encouraged to start returning to work.’

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BBC News, 11th May 2020

Source: www.bbc.co.uk

‘Join A Union’: Lawyers Warn Right To Refuse To Work Has Limits – Each Other

Posted May 12th, 2020 in coronavirus, employment, health & safety, news, trade unions by sally

‘Lawyers are urging people concerned by Boris Johnson’s back-to-work message to join a union and seek legal advice before exercising their right to refuse to work.’

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Each Other, 11th May 2020

Source: eachother.org.uk

The Coronavirus and Employers’ Liability for PPE – Ropewalk Chambers

‘The Coronavirus pandemic is likely to lead to litigation in various forms1; indeed, two doctors are reported to have already intimated a public law challenge to the lawfulness of the personal protective equipment (PPE) guidance published by the Department of Health and Social Care, and Public Health England.’

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Ropewalk Chambers, 4th May 2020

Source: www.ropewalk.co.uk

Health and Safety Claims Under The Employment Rights Act 1996 – Thomas More Chambers

Posted May 7th, 2020 in coronavirus, employment, health & safety, news by sally

‘At the present time, the issue of health and safety at work has never been more important. Employees on the frontline are, in many cases, being cajoled, threatened and bullied to attend work in circumstances where they have very legitimate concerns about the potential of being infected by Covid-19. Further, employees are often being forced to work in circumstances where their employers have failed to implement adequate health and safety measures. The continuing failure by the Government to provide adequate PPE to healthcare professionals is the most prominent example of such failures.’

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Thomas More Chambers, 4th May 2020

Source: www.thomasmore.co.uk

Contracting Covid-19 at work – who needs to know? Chief Coroner’s Guidance 37 & RIDDOR – Park Square Barristers

Posted May 7th, 2020 in coronavirus, coroners, employment, health & safety, news, notification by sally

‘The vast majority of deaths from Covid-19 will not be referred to the Coroner and even fewer will result in an inquest into the death. However, when an employee dies from Covid-19 it may have to be reported to both the Health and Safety Executive (“HSE”) and the Coroner.’

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Park Square Barristers, 29th April 2020

Source: www.parksquarebarristers.co.uk

Coronavirus: Draft post-lockdown workplace rules contain ‘huge gaps’ – TUC – BBC News

Posted May 5th, 2020 in coronavirus, employment, health & safety, news, trade unions by sally

‘Draft guidance for getting people back to work during the coronavirus pandemic could compromise worker safety, the head of the TUC has warned.’

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BBC News, 4th May 2020

Source: www.bbc.co.uk

Covid-19 deaths and Inquests – Doughty Street Chambers

‘An Inquest is not a foregone conclusion, since death by prevalent disease will not necessarily be considered “unnatural”. There is new guidance issued today (28 April 2020) by the Chief Coroner as to the circumstances in which in Inquest will be appropriate.’

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Doughty Street Chambers, 28th April 2020

Source: insights.doughtystreet.co.uk

Comply with ADR duty or risk costs sanction – Law Society’s Gazette

‘The recent decision of DSN v Blackpool Football Club Limited [2020] EWHC 670 (QB) illustrates the need for litigating parties to consider and engage with alternative dispute resolution (ADR) procedures in trying to resolve their disputes.’

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Law Society's Gazette, 4th May 2020

Source: www.lawgazette.co.uk

Furloughed from work? It pays to know your rights – The Guardian

Posted May 4th, 2020 in company law, coronavirus, emergency powers, employment, news, remuneration by sally

‘The rules of the government’s job retention scheme are complex. We put your questions to an employment specialist to cut through the confusion.’

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The Guardian, 3rd May 2020

Source: www.theguardian.com

Law Commission unveils employment tribunal reform package – Litigation Futures

‘Doubling the time limit for launching claims to six months and allowing workers to bring breach of contract claims while still employed are among Law Commission recommendations for employment tribunal (ET) reform.’

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Litigation Futures, 30th April 2020

Source: www.litigationfutures.com