Legal News

A Court of Appeal decision affirms that views of an OH doctor can be relevant evidence in a tribunal deciding whether there is a disability. An employer’s response to a disability discrimination claim made extensive reference to an occupational health report prepared by an OH doctor. The claimant was unhappy that after an employment judge... Read more »
ACAS has issued new guidance Disciplinary and grievance procedures during the coronavirus pandemic: The guidance is at www.acas.org.uk/disciplinary-grievance-procedures-during-coronavirus . It says for example: The guidance also points up the need to consider whether, if a remote hearing by video is being considered, a disability might affect the person’s ability to use video technology, and any... Read more »
Diana Kloss discusses the law relating to testing for Covid 19 and notification of the result. The pandemic has given rise to many legal problems as discussed on our COVID-19 page. In this blog Diana Kloss looks at worker consent for Covid 19 tests, how far consent is needed to report results to the employer... Read more »
The Supreme Court has reversed lower court decisions which had found Morrisons liable. The decision is important generally on how far employers are vicariously liable for employees. In WM Morrison Supermarkets v Various claimants, www.bailii.org, an aggrieved employee of Morrisons published payroll data on the internet from his computer at home. Some 5,500 employees sued... 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 page also includes duties of employers, OH consultations and tests, issues of whether someone is fit for work, vulnerable workers, pregnancy, adjusting attendance management policies, sick pay, the Equality Act, new ACAS guidance on disciplinary and grievance procedures. 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 »