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 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 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 »
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 »
