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News

COVID-19 rapid workplace testing

Alongside the rollout of the vaccination programme and the continued focus on ‘Hands, Face, Space’, regular testing is a vital tool to stop the transmission of COVID-19 as sections of society are reopened. Around 1 in 3 people with coronavirus don’t have symptoms, which means they could be spreading the virus in workplaces without knowing […]

UK Government considers reforms that could affect non-compete clauses in employment contracts

At the end of 2020, the UK Government launched a consultation aimed at reforming non-compete clauses that place restrictions on ex-employees after the termination of their employment contracts. The consultation (which is due to close in February 2021) is driven by the need to “unleash innovation, create the conditions for new jobs and increase competition,” […]

New Tribunal Procedure Rules

A new statutory instrument was brought before parliament on 17 September 2020 to amend the tribunal procedural rules.  The rules were changed to make the following allowances: More flexibility to be permitted over virtual hearings due to the Covid-19 pandemic. As Covid-19 has created a significant backlog of problems in the Employment Tribunal, if certain criteria […]

Disability Discrimination Update

The EAT in Sullivan v Bury Street Capital Ltd UKEAT/0317/19/BA recently held that an employee who suffered from paranoid delusions was not disabled because although these had a substantial adverse effect, they were not long term or likely to recur. The Employment Tribunal rejected the Claimant’s evidence and found that his condition did not have […]

The right to refuse work?

Some of the most common queries received in recent weeks have related to whether employers are able to force employees to return to work and, conversely, whether employees can refuse to return to work. Prior to the current pandemic queries of this nature were virtually unheard of; in the majority of cases, an employer is […]

Criminal investigations. The risk for UK employers furloughing staff

UK employers who are furloughing staff as a result of the coronavirus pandemic could face a criminal investigation from HM Revenue and Customs (HMRC) if complicit managers are dishonestly facilitating claims under the coronavirus job retention scheme whilst simultaneously requiring employees to work. Under the current criteria for the coronavirus job retention scheme, employers may […]

Holiday during furlough

Employees on furlough leave continue to accrue statutory holiday and any additional holiday entitlement under their contract of employment. Furloughed employees may take holiday without it disrupting their furlough leave. An employer may, subject to the usual notice requirements, require employees to take holiday whether or not the employee is on furlough leave. However, before […]

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