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D-BRIEF – Employment & Pensions Blog: Events occurring after a decision to dismiss
The Employment Appeal Tribunal in the case of Citizens Advice Merton and Lambeth Ltd v Mefful have recently found that it was wrong for a tribunal to consider events after a decision to dismiss had been taken, when considering a claim of unfair dismissal.
D-BRIEF – Employment & Pensions Blog: Holiday pay for workers
The Court of Appeal in the case of Smith v Pimlico Plumbers Ltd has held that a worker can carry over leave that has been taken, but not paid.
D-BRIEF – Employment & Pensions Blog: Fair Dismissal and Vaccinations
In Allette v Scarsdale Grange Nursing Home Ltd, the employment tribunal held that the summary dismissal of a care assistant working in a nursing home who refused to be vaccinated against COVID-19 was fair, and the interference with her Article 8 right to privacy was justified. It is important to note that the requirement to be vaccinated and the resulting dismissal were before vaccinations became mandatory for care home staff.
D-BRIEF – Employment & Pensions Blog: Raising frivolous and vexatious grievances – potential fair dismissal
In Hope v British Medical Association, the Employment Appeal Tribunal has held that a dismissal on the grounds of gross misconduct relating to the raising of multiple vexatious grievances was fair.
D-BRIEF – Employment & Pensions Blog: No Vax, less Sick Pay – Cutting Sick Pay for Unvaccinated Employees
A growing list of big brand employers are changing their rules and cutting sick pay to the statutory level for unvaccinated employees with no mitigating circumstances or medical exemption, who are required to self-isolate after being identified as a close contact of someone with Covid-19. Background Currently, Statutory Sick Pay is extended to cover the
D-BRIEF – Employment & Pensions Blog: Disability Workforce Reporting Consultation
The disability employment gap remains high at 28.4%, despite a small decrease of 4.8% over the last eight years. In a bid to improve inclusive practices within the UK, the Government has now launched a consultation into whether workforce reporting on disability should be introduced for employers with 250 or more employees.
D-BRIEF – Employment & Pensions Blog: Menopause in the workplace
The number of menopause claims in the Employment Tribunal has increased threefold in the last three years. Menopause is not a stand-alone protected characteristic under the Equality Act 2010; however, depending on the facts of the case, a menopausal worker may be protected on the grounds of sex, age or disability. It is the latter characteristic that is most commonly relied upon.
D-BRIEF – Employment & Pensions Blog: Procedural errors in disciplinary proceedings and unfair dismissal
The Employment Appeal Tribunal (EAT) recently upheld an Employment Tribunal (ET) decision that an employee who made controversial remarks on Zionism was unfairly dismissed.
D-BRIEF – Employment & Pensions Blog: Christmas parties – considerations for employers
The start of December brings the beginning of work Christmas party season. For employers, Christmas parties provide an opportunity to strengthen teams and thank employees. However, work social events can be seen as an extension of the workplace and therefore employers do need to be aware of how doing something seasonal for staff may result in unintended liabilities.  This article sets out the circumstances in which an employer can be held liable for the actions of their employees and what they can do to try and mitigate this.
D-BRIEF – Employment & Pensions Blog: Recruitment Difficulties
The latest Office for National Statistics (ONS) figures show in October 2021, job vacancies were at 1.17 million. This is almost 400,000 higher than before the pandemic. The research also found that almost half of employers (46%) are finding recruitment difficult and anticipate the situation declining further over the next six months.
D-BRIEF – Employment & Pensions Blog: Disability Discrimination and employer liability before a disability is diagnosed
The EAT has recently held in Bennett v MiTAC Europe Limited that an employee with cancer will be disabled under the Equality Act 2010 from the date on which they fell ill, and not from the date on which the cancer was diagnosed.
D-BRIEF – Employment & Pensions Blog: Employment Law and Climate Change
The UK has committed to reduce its greenhouse-gas emissions to net zero by 2050 and plans to be the first major economy to require corporations to report climate related risk and opportunities, but what impact does climate change have on employment law?