The Supreme Court has overturned a decision that a bank was vicariously liable to claimants suing in respect of alleged sexual assaults by a doctor carrying out pre-employment medical examinations. The doctor was an independent contractor carrying out (mostly) pre-employment medical examinations for Barclays Bank, up to the mid-80s. He did so at his home... Read more »
The government has made a change to the Working Time regulations to give greater flexibility to businesses under pressure from the coronavirus (COVID-19). Under the new rule, the worker will be able to carry four weeks of paid leave forward to the next two leave years, so far as it was not reasonably practicable to... Read more »
New page on the Coronavirus, including a COVID-19-Point Checklist. The new page also includes duties of employers, sick pay, vulnerable workers, pregnancy, adjusting attendance management policies, and the Equality Act. More: Coronavirus (COVID-19).
Three recent employment tribunal decisions on what is a ‘philosophical belief’ protected from discrimination by the EqA. As employment tribunal decisions, these are not binding precedents. Ethical veganism was held to be a philosophical belief in Costa v The League Against Cruel Sports www.gov.uk/employment-tribunal-decisions/mr-j-casamitjana-costa-v-the-league-against-cruel-sports-3331129-2018; but vegetarianism was not in Conisbee v Crossley Farms www.gov.uk/employment-tribunal-decisions/mr-g-conisbee-v-crossley-farms-ltd-and-others-3335357-2018; and... Read more »
The Employment Appeal Tribunal (EAT) upheld a decision that a cap on a payment for voluntary redundancy was unfavourable treatment within s.15 Equality Act 2010. The cap was to reflect early receipt of a pension due to disability. In Chief Constable of Gwent Police v Parsons (bailii.org) the two claimant police officers had ‘H1 certificates’... Read more »
The Court of Appeal held that a one-off decision can sometimes be a ‘provision, criteron or practice’ (PCP) subject to the reasonable adjustment duty, but is not necessarily. In Ishola v Transport for London (bailii.org) the claimant was a disabled person suffering from depression and migraines. He was dismissed after a period of sickness absence.... Read more »
The EU (Withdrawal Agreement) Act 2020 has now received Royal Assent. The UK is no longer an EU member, but is largely bound by EU law during the ‘implementation period’. Updates to our Brexit and GDPR: Brexit pages for latest developments including: UK ceased to be a member of the EU on 31st January 2020…... Read more »
Diana Kloss discusses the decision in Q v L, a claim for reasonable adjustments. Confidential knowledge of OH was not attributed to the employer, but the employer’s ‘lack of knowledge’ defence failed nevertheless. In order for an employer to be held liable under the Equality Act for most forms of disability discrimination, including the reasonable... Read more »
The government has published draft regulations on this, due to take effect in April 2020. They will allow a parent to take two weeks leave following the death of a child aged under 18. Draft regulations also cover Statutory Parental Bereavement Pay. More: Time off for dependants>Parental bereavement leave, from April 2020.
The Equality and Human Rights Commission has issued new technical guidance on harassment. In January 2020 EHRC issued detailed guidance on Sexual harassment and harassment at work: technical guidance (EHRC website) . It covers all protected characteristics, not just sex. EHRC also issued a letter to leading employers and industry groups on harassment. Though not... Read more »