Employment news and case law

30 April, 2021

Court of Appeal considers whether an Employment Tribunal failed to assess if claimants’ mental impairments had ‘long term’ adverse effects after discriminatory acts

[2021] EWCA Civ 606

28 April, 2021

Amendment of regulations in Northern Ireland relating to how a week’s pay is calculated for purposes of calculating statutory payments for furloughed workers

New statutory rule makes amendments in consequence of Coronavirus Job Retention Scheme being extended to 30 September 2021

26 April, 2021

DWP confirms plans to make first referrals to Restart Programme from July 2021

Providers including Maximus, Serco and G4S have been awarded contracts to provide new enhanced work search support to claimants across England and Wales who have been unemployed for at least 12 months

26 April, 2021

Private hire firm refused permission to appeal Employment Appeal Tribunal’s decision that drivers are entitled to workers’ rights

Huge decision is yet another blow to big firms operating in the gig economy, says law firm Leigh Day

26 April, 2021

Employment case law round up

22 April, 2021

Extending right not to be subject to detriment in health and safety cases to ‘gig economy’ workers in Northern Ireland

New statutory rule follows High Court's decision that UK Government has failed to properly apply provisions within EU health and safety directives to ‘limb (b)’ workers

21 April, 2021 Open access

Amendments to regulations setting out how a week’s pay is calculated for purposes of calculating statutory payments for furloughed workers

New statutory instrument makes amendments in consequence of the Coronavirus Job Retention Scheme being extended to 30 September 2021

20 April, 2021

Court of Appeal rules that employment tribunal erred in ordering employer to re-engage employee in role it had ‘genuine and rational belief’ he would not be capable of fulfilling

[2021] EWCA Civ 559

19 April, 2021

Court of Appeal rules that statutory provisions that prevent foster carers from forming a recognised union are in breach of Article 11 of the European Convention of Human Rights

[2021] EWCA Civ 548

19 April, 2021

Employment case law round up

16 April, 2021 Open access

Insecure workers face ‘triple whammy’ of a lack of sick pay, fewer rights and endemic low pay while also having to shoulder more risk of Covid-19 infection

TUC research reveals that insecure workers are nearly 10 times more likely to receive no sick pay compared to secure workers, while Covid-19 mortality rates are twice as high

16 April, 2021 Open access

Government issues new Treasury Direction in relation to extension of the Coronavirus Job Retention Scheme to the end of September 2021

Direction sets out the scheme applying for the period beginning on 1 May 2021 and ending on 30 September 2021

15 April, 2021

Almost two-fifths of UK workers are given less than a week’s notice of working hours

Living Wage Foundation highlights that low-paid workers, particularly from BAME backgrounds and families, have been hard hit by short notice practices during the Covid-19 pandemic

14 April, 2021 Open access

Government launches consultation on making Covid vaccination a condition of work for some care home staff

Evidence sought on how the change for care homes with older adult residents in England could be implemented and whether respondents think it would be beneficial

12 April, 2021

Employment case law round up

9 April, 2021 Open access

Government issues new Treasury Direction in relation to the fourth payment under the Self-Employment Income Support Scheme

Direction confirms that claims for SEISS 4 must be made on or before 1 June 2021

6 April, 2021 Open access

New JobStart Scheme launched in Northern Ireland to fund work opportunities for 16 to 24 year olds

Scheme to provide employers with 100 percent of National Minimum Wage or National Living Wage for 25 hours a week on six or nine month placements

31 March, 2021 Open access

Presidential Guidance issued on hearing Employment Tribunal cases remotely ‘by default’ in 2021/2022

New 'road map' for the year also sets out staffing developments including a 'virtual region' that will bring together judges and lay members remotely to hear cases