Category: Employment
Feb 2022
Covid continues to cause disparity
Just last week, we reported how John Lewis had leveled the playing field, publicly stating the company had no intention of penalising unvaccinated staff who were required to isolate due to being a close contact. Meanwhile, other companies were stating that they would be paying unvaccinated staff only Statutory Sick Pay (SSP) as opposed to their full pay. But it looks as though new Covid disparities are rising to the surface. In a recent blog we advised that a Manchester Employment Tribunal had held that employees cannot use a fear of catching Covid-19 as a reason not to return to working from the office on grounds that it is a ‘philosophical belief’ protected by the Equality Act 2010. However, we have now learned of a tribunal decision that the dismissal of an employee who refused to return to the office during the pandemic was automatically unfair. The clear message is what will be deemed fair or unfair or within or outside the remit of the law by a tribunal will be fact specific.
Feb 2022
GDPR data breaches hit the headlines
Marriot International data breach
We have previously published a blog about the British Airways’ GDPR fine, which was one of the largest ones, but they are not the only well-known business to be hit by a fine.
Feb 2022
High Court Injunction prevents Tesco from “firing and re-hiring”
Firing and re-hiring again - Tescos
In a judgment published yesterday the High Court granted an injunction to the USDAW trade union acting on behalf of Tesco workers. This related to Tesco’s plans to dismiss workers at their distribution centres in order to re-hire them or recruit replacements on less expensive contracts. The contracts of the workers in question contained a retained pay element negotiated by USDAW in 2010 which Tesco had guaranteed at the time as being permanent. In the circumstances, the High Court agreed with the claimants that an implied term arose in the workers’ contracts preventing Tesco from terminating in order to remove the retained pay element that they had previously guaranteed.
Feb 2022
Meet our Employment Team - David Seals
How long have you worked for Downs?
I have just notched up 11 years at the firm.
Jan 2022
Vaccination status controversy reaches new levels after JLP says it will pay staff regardless
As Plan B restrictions lift in the UK once again, there’s been a few headlines surfacing about how employers are treating unvaccinated staff - and it’s a bit of a legal minefield.
Jan 2022
Menopause and the workplace: Updated guidance is on the way
In a world where we are increasingly aware of our health and safety, where covid has taught us to look after ourselves and others, it feels like now is the right time to be turning our attention to something that is long overdue - how do you manage staff sickness for menopause symptoms?
Jan 2022
Holiday Entitlement and Holiday Pay – Key points for Employers
Holiday entitlement and pay is a notoriously difficult area for HR practitioners. Typical challenges include calculating holiday entitlement for casual or zero hours workers, accounting for bank holidays for part-time staff and trying to keep up with the constantly evolving case law regarding what aspects of employee remuneration are deemed “normal pay” and therefore must be included in holiday pay. We summarise the main questions and answers below. However, legal advice should always be taken on a specific scenario. The below should only be treated as guidance.
Jan 2022
Grievance Procedure – Key points for Employers
Most employee grievances can be resolved quickly and informally through discussions between the employee and a manager. Where that doesn’t work, the employee may raise a formal grievance and employers should have a written grievance procedure in place that explains what happens and which staff know about. An employer’s grievance procedure should always comply with the ACAS code of practice on disciplinary and grievance procedures. The grievance process applies to all employees regardless of length of service. It may also be applied to others e.g. grievances raised by workers, such as agency staff, particularly where those grievances relate to allegations of discrimination or malpractice.
Jan 2022
IKEA cuts sick pay for unvaccinated staff who are self-isolating due to Covid exposure
A significant social media backlash followed the announcement by IKEA that only staff fully vaccinated against Covid-19, or those who have mitigating circumstances, will receive enhanced company sick pay in the future when self-isolating due to Covid-19 exposure. Self-isolating workers who are unvaccinated and do not have any mitigating circumstances will only receive Statutory Sick Pay ("SSP"). Unvaccinated workers are still required to isolate for a period of 10 days following exposure. In contrast, fully vaccinated staff are not.
Jan 2022
