‘In Duchy Farm Kennels Limited v Steels [2020] EWHC 1208 (QB) Alexander PritchardJones appeared in an important case about the effect of breaches of confidentiality clauses contained within settlement agreements.’
St Ives Chambers, 14th May 2020
Source: www.stiveschambers.co.uk
‘Prior to the impact of the Covid19 pandemic, the issue of personal protective equipment (“PPE”) at work was a niche health and safety topic for specialists in the field. Today it dominates the media, with report after report of inadequate provision of PPE on the frontline, in hospitals, care homes and other essential places of work.’
Thomas More Chambers, 13th May 2020
Source: www.thomasmore.co.uk
‘In the first of what is planned to be five updates on collective consultation under the shadow of the coronavirus pandemic, David Reade QC and Daniel Northall examine the employer’s proposal for redundancy and the start of collective consultation.’
Littleton Chambers, 11th May 2020
Source: littletonchambers.com
‘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.’
Six Pump Court, 11th May 2020
Source: www.6pumpcourt.co.uk
‘This decision exemplifies the stricter approach the courts are now taking in disciplinary cases where the regulated person fails to attend a hearing.’
Blackstone Chambers, 13th May 2020
Source: www.blackstonechambers.com
‘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.’
39 Essex Chambers, 13th May 2020
Source: www.39essex.com
‘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.’
Church Court Chambers, May 2020
Source: churchcourtchambers.co.uk
‘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.’
3PB, 1st May 2020
Source: www.3pb.co.uk
‘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.’
3PB, May 2020
Source: www.3pb.co.uk
‘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.’
The Guardian, 14th May 2020
Source: www.theguardian.com
‘ACAS has produced guidance on Disciplinary and grievance procedures during the coronavirus pandemic.’
Coronavirus: Guidance for Lawyers and Businesses, 6th May 2020
‘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.’
3PB, May 2020
Source: www.3pb.co.uk
‘The Presidential Guidance issued in connection with the conduct of Employment Tribunal proceedings during the COVID-19 pandemic was effective from 18th March 2020.’
3PB, 4th May 2020
Source: www.3pb.co.uk
‘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.’
Six Pump Court, 11th May 2020
Source: www.6pumpcourt.co.uk
‘In this blog, we consider the employment protections from discrimination and dismissal available to disabled people who are also shielding during Covid-19.’
1MCB, May 2020
Source: 1mcb.com
‘The government has started easing lockdown restrictions, with more people now encouraged to start returning to work.’
BBC News, 11th May 2020
Source: www.bbc.co.uk
‘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.’
Each Other, 11th May 2020
Source: eachother.org.uk
‘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.’
Ropewalk Chambers, 4th May 2020
Source: www.ropewalk.co.uk
‘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.’
Thomas More Chambers, 4th May 2020
Source: www.thomasmore.co.uk
‘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.’
Park Square Barristers, 29th April 2020
Source: www.parksquarebarristers.co.uk
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