‘The latest coronavirus rules, from Monday 1 June, are plentiful and complicated. This is your ultimate guide.’
The Guardian, 3rd June 2020
Source: www.theguardian.com
‘The appellant was the head teacher of a primary school in the West Midlands. She was dismissed from her post in July 2011 following disciplinary proceedings which arose in consequence of her failure to disclose the fact of her personal relationship with a man who had been convicted of offences involving the making and possessing of indecent images of children.’
Park Square Barristers, 15th May 2020
Source: www.parksquarebarristers.co.uk
‘With the scheme going live on 13 May 2020, Giles Powell and Conor Kennedy consider the SEISS and its effects.’
Old Square Chambers, 12th May 2020
Source: www.oldsquare.co.uk
‘On 14 April 2020, our colleague Stuart Brittenden published an article arguing that the implied term of mutual trust and confidence (“the implied term”) requires employers to make use of the Coronavirus Job Retention Scheme (“CJRS”) for agency workers, zero-hour contract workers, and employees, generally.’
Old Square Chambers, 19th May 2020
Source: www.oldsquare.co.uk
‘“Whether it’s being denied flexible working and having to work fewer hours as a result, or finding out you’re paid £3,000 less than a white man with the same job title and fewer responsibilities; it’s always crushing being treated worse than your peers.”
Those are the words of Sophia Moreau, who has experienced unequal pay repeatedly throughout her late teens and early 20s. The journalist and campaigner said that she has come to a “sad realisation” that, as a black woman, she cannot expect fair treatment.’
Each Other, 29th May 2020
Source: eachother.org.uk
‘Employers and workers are facing unprecedented challenges in responding to the current pandemic and the measures put in place by the UK governments to tackle it. One area of increasing concern is the impact of the crisis on mental health and wellbeing.’
Old Square Chambers, 26th May 2020
Source: www.oldsquare.co.uk
‘In the context of an employer’s duty to provide PPE to protect against exposure to the novel coronavirus, the focus is likely to be on two sets of domestic health and safety regulations: The Personal Protective Equipment at Work Regulations 1992 (PPE Regulations), and the Control of Substances Hazardous to Health Regulations 2002 (COSHH). The application of the latter should disapply the former, but the two will be considered together.’
Ropewalk Chambers, 6th May 2020
Source: www.ropewalk.co.uk
‘Employers owe a personal or non-delegable duty of care to their employees at common law, which extends to the provision of PPE. Neill LJ in Crouch -v- British Rail Engineering Ltd [1988] I.R.L.R. 404 said that the extent of the duty in respect of PPE would depend on:
“the risk of injury, the gravity of any injury which may result, the difficulty of providing equipment … the availability of that protective equipment … and the distance which any individual workman might have to go to fetch it, the frequency on which the [claimant] was likely to need that protective clothing or equipment and, last but not least, the experience and degree of skill to be expected of the [claimant].”’
Ropewalk Chambers, 5th May 2020
Source: www.ropewalk.co.uk
‘The country is going to start to try and emerge from the lockdown, which was imposed to try and slow the spread of coronavirus. Guidance provided on 10.05.2020 was that some employees, who cannot work from home, should go to work. Coronavirus is still with us, so the Government has produced guidance on how employers can implement social distancing measures so as to make the workplace safe for its workers. For instance, employers are told that they might consider staggering start times; providing handwashing facilities or hand sanitiser at entrances; reducing congestion by opening multiple entrances, having one-way flow, discouraging non-essential trips; or rearranging workstations. The list goes on, but there are perhaps infinite ways in which employees can be protected in any particular workplace.’
St John's Buildings, 18th May 2020
Source: stjohnsbuildings.com
‘After a period of mistreatment at the hands of his employer, encompassing a number of different acts or omissions, an employee resigns. The “trigger” for the resignation, the most recent incident (often identified as “the last straw”) has however been misinterpreted by the employee and is “entirely innocuous”; the employer did nothing wrong. The claim of constructive unfair dismissal fails, right?’
Parklane Plowden Chambers, 12th May 2020
Source: www.parklaneplowden.co.uk
‘A consistently high number of workers are alleging that their employers are illegally paying them less than colleagues in similar roles, according to research released to mark the 50th anniversary of the Equal Pay Act.’
The Guardian, 25th May 2020
Source: www.theguardian.com
‘Conveyancers and other property stakeholders have called on Chancellor Rishi Sunak to allow them to move staff in and out of furlough on a weekly basis as the home-moving market recovers.’
Legal Futures, 26th May 2020
Source: www.legalfutures.co.uk
‘In 18th March 2020, the Presidents of the Employment Tribunal (Scotland) and (England and Wales) released Presidential Guidance.’
Parklane Plowden, 11th May 2020
Source: www.parklaneplowden.co.uk
‘A law firm shut down by its regulator last year has been ordered to pay former staff £375,000 for multiple employment law breaches.’
Legal Futures, 22nd May 2020
Source: www.legalfutures.co.uk
‘As elite-level leagues, sporting associations and other stakeholders debate whether competitions can be restarted in an era of physical distancing, it has been reported that some professional football and rugby clubs are proposing to require players to sign disclaimers in relation to the health risks posed by Covid-19 before they resume training.’
Littleton Chambers, 14th May 2020
Source: littletonchambers.com
‘A second edition of Cloisters Toolkit: Returning to work in the time of Coronavirus is now available. The comprehensive guide takes account of the latest government guidance on workplaces, travel to work and the furlough scheme.’
Cloisters, 12th May 2020
Source: www.cloisters.com
‘As Britain gears up to go back to work the issue of whether employees can refuse to carry out certain tasks (or to work at all) will come to the fore as it has in other countries where the lock down has been lifted. The unions are already making it an issue. Clearly people will say I will not work without appropriate social or physical distancing. They may also argue that they are not willing to work without personal protection equipment. Or that they do not want to go to work on public transport. There is likely to be a great deal of litigation and some hard cases to be decided. So how does the law strike the necessary balance? This is not something that happened much in pre covid life but there are some precedents.’
Littleton Chambers, 11th May 2020
Source: littletonchambers.com
‘Well that is what we have repeatedly been told by politicians and various medical and scientific advisers. However, statistical evidence shows to the contrary and that if you are BAME (Black, Asian, Minority Ethnic) then you are up to 4 times more likely to die after contracting the Coronavirus, making it clear that this is far from a level playing field.’
Park Square Barristers, 14th May 2020
Source: www.parksquarebarristers.co.uk
‘Have we ever talked so much about PPE? Each breakfast bulletin features interviews with essential workers on the frontline of the COVID-19 pandemic, varyingly reporting inadequacies, shortages and faltering supply lines. When a shipment lands, it makes the news.’
St Philips Barristers, 14th May 2020
Source: st-philips.com
‘With the recent announcement that lockdown measures are to be eased, and those who cannot work from home should return to work, we are likely to see a greater proportion of the workplace slowly return to work. The Prime Minister has announced that those in construction and manufacturing, scientific research, logistics and food production should return to work, once their employers have confirmed that it is safe for them to do so and set a “road-map” for the re-opening of shops, restaurants and other venues as well as workplace specific guidance for working safely during coronavirus.’
Hardwicke Chambers, 14th May 2020
Source: hardwicke.co.uk
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