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Extending mandatory COVID vaccination throughout health and social care
Mandatory covid vaccination in care homes was implemented on 11 November 2021. Without a valid exemption, workers will not usually be permitted access to (or be able to work in) care homes.
Whistleblowing dismissals – Employment Appeal Tribunal decision
Kong v Gulf International Bank (UK) Limited Whistleblowing dismissals - The Employment Appeal Tribunal (EAT) upheld the Employment Tribunal’s decision that an Employee who had made whistleblowing disclosures had not been unfairly dismissed despite making protected disclosures.Kong v Gulf International Bank (UK) Limited. Whistleblowing dismissals - The Employment Appeal Tribunal (EAT) upheld the Employment Tribunal’s decision that an Employee who had made whistleblowing disclosures had not been unfairly dismissed despite making protected disclosures.
Implications for employers of lifting Covid-19 restrictions
The government has published its COVID-19 Response: Summer 2021 (Roadmap) setting out the details of step 4 of the roadmap out of restrictions for England. The restriction are scheduled to be lifted on 19 July 2021. Hempsons' employment law team discuss the guidance.
New Guidance on severance payments and approval for public sector employers
The government has published new guidance for the public sector on making termination of employment/severance payments to employees.
Covid-19, the employer and the self-isolating member of staff
We know that if we have Covid-19, we need to protect those around us. Whilst that is essential and mandatory, so too is self-isolation for those who have been in close contact with someone who has Covid-19; but what should workers and their employers do?
An employee can TUPE transfer to multiple employers
Employees really can be in two places at once (or at least TUPE transfer to two employers). See our review of ISS Facility Services v Govaerts in the European Court of Justice, overturning UK caselaw.
No compensation does not equate to no case to answer
No compensation does not equate to no case to answer - Martin Cheyne and Zubeda Tayub discuss in the latest employment blog.
Furlough guidance has been updated
Late on Thursday 9 April 2020, the government released the third version of the Coronavirus Job Retention Scheme guidance. Here are Martin Cheyne's first impressions of the update.
ICTS (UK) Limited v Visram
ICTS (UK) Limited v Visram: The Employment Appeal Tribunal (EAT) upheld the Employment Tribunal’s decision that an employee, who was successful in his claims for unfair dismissal and disability discrimination, should be awarded compensation for loss of benefits until death or retirement.
The Good Work Plan – An Update
The Taylor Review of Modern Working Practices was published the following year in July 2017 and set out a list of over 50 recommendations which were aimed at improving the working life and employment rights of agency, casual, zero hour and low paid workers. In response to the Taylor review, the government has now published the Good Work Plan, which sets out workplace reforms focusing on “fair and decent work”, “clarity for employers and workers” and “fairer enforcement”.
Upcoming legislative changes
With ongoing uncertainty surrounding the final terms under which the UK will leave the EU and whether this will take place on 29 March 2019 as planned or not, it is difficult to predict how Brexit may affect Employment Law. However, for practical purposes it seems likely that EU legislation will remain applicable in the UK (but perhaps on a different constitutional basis) unless or until it is amended by UK legislation. We are not expecting swift changes to Employment law and do not expect to see any significant changes prior to 31 December 2020 (the end of the proposed transition period).
Latest holiday pay case in the EAT is far from a bed of roses for NHS employers
Latest holiday pay case in the EAT is far from a bed of roses for NHS employers. Flowers and others v East of England Ambulance Trust UKEAT/0235/17. Over the summer we have seen a further holiday pay case emerge which changes the holiday pay landscape and has particular significance for NHS employers.
Being Paid to Sleep? Royal Mencap Society v Tomlinson-Blake
In Royal Mencap Society v Tomlinson-Blake the Court of Appeal has determined that workers who “sleep in” at their workplace are not entitled to receive national minimum wage for periods when they are asleep. This is because time spent asleep in this way is properly characterised as time when an employee is ‘available for work’ rather than time when they are actually working.
Employment Newsbrief Summer 2018 now available!
Welcome to the Summer edition of the Hempsons’ Employment Newsbrief, a round-up of some of the hot legal topics in the Employment sector.