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Articles, News and Features

As the government’s attention moves from pandemic related matters, the legislative agenda is renewed and news this month includes a consultation on Making Flexible Working the Default, and a commitment to introducing unpaid carers leave. Meanwhile, Covid updates include practical steps towards the introduction of mandatory vaccination for care home workers. Cases we report this month include Court of Appeal decisions on the fundamental issue of the question of fairness in unfair dismissal cases, and the perennial question of the mutuality required for an employment contract.

Free employment law update webinar, from Emplaw authors Moorcrofts, to make sure businesses are aware of the changing employment law landscape.

For more information, click here

In this article, Emplaw authors Lewis Silkin review the modest proposals in the consultation as well as providing a quick resume of existing rights.

Read here

Whilst, happlily, the weather may suggest otherwise, the Summer is coming to a close and we round up the key happenings. News includes the publication of  a National Disability strategy which includes important proposals aimed at improving  the lives of disabled people at work. Consultations include an opportunity to contribute to the ICO review of its guidance on  matters such as monitoring workers at work and obtaining information about workers' health.  Covid Updates include the extension of right to work checks and recent ET decisions. Cases reported include a helpful explanation of litigation privilege from the EAT, clarity from the Supreme Court on the burden of proof in discrimination cases and a reminder from the EAT that an assessment of fairness in unfair dismissal really does depend on the circumstances so that, on occasion, a right to appeal is not necessary.

A useful article from Emplaw authors, Parklane Plowden exploring some of the potential implications of Labour's policy announcement this Summer.

Read here

A useful chart, from Emplaw authors Lewis Silkin, summarising the legal rights to pay and suggested best practice for different types of absence.

View here

News this month includes the government’s response to consultation on sexual harassment in the workplace which confirms the intention at least to impose a positive duty on employers to prevent sexual harassment,  and to look at extending the time limit for more Equality Act 2010 claims. Reported cases include the Court of Appeal’s judgement reflecting that where there is a genuine right of substitution the Deliveroo delivery riders do not qualify as ‘workers’ for purposes of union recognition and Article 11 ECHR is not engaged. As more people return to work, we signpost the information employers need to know on hybrid working, vaccinations and protecting the vulnerable.

Note the next edition of Emplaw Monthly will be in September.

A must read for HR and others, from Emplaw author’s Lewis Silkin, following the end of the post- Brexit grace period on 1st July.

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This on-demand webinar from Emplaw authors Gowling WLG  focuses on the practical issues that come up in an outsourcing involving a TUPE transfer, and how to make sure those issues are covered.

Watch here

News this month includes the government’s response to the Acas’ paper on fire and re-hire and a new online tool for Shared Parental Leave and Pay. Cases include the EAT decision that gender critical belief is a philosophical belief for the purposes of the Equality Act, and an important Court of Appeal ruling that interim relief is not available for sex discrimination claims. The consequences of  Covid-19 continue with more ET cases involving employees claiming automatic unfair dismissal where they have refused to attend a workplace for Covid related reasons, and the government’s decision to introduce mandatory vaccination for most care home workers.