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News this month includes Cloisters’ report to the TUC on the legal implications of artificial intelligence systems in the post-pandemic workplace, as well as latest covid updates including the proposed end to temporary adjustments to right to work checks and the consultation on making COVID vaccination a condition of work in care homes. Cases this month include two involving consideration of the European Convention on Human Rights, one  being a decision by the Court of Appeal that foster carers can form a union, as to rule otherwise would breach Article 11 (freedom of assembly) and a decision by the European Court of Human Rights that a mandatory vaccination programme was not a breach of Articles 8 and 9 ( respect for private life and freedom of thought). The latter is particularly interesting in COVID times but very fact specific.  

Q&As from Emplaw authors Gowling WLG as the CJRS is extended until 30th September 2021 and the latest Treasury Direction was published on 15th April 2021.

Read here

 

Following the success of Morrish Solicitors’ last webinar, they will be hosting another webinar, on Employment Status following the Uber Supreme Court ruling last month.  

The webinar will be held on Thursday 27th May at 12pm and will be delivered by Daniel Kindell, their Partner and Deputy Head of Employment Law. 

Of course, the webinar will be completely free to attend, and the training is designed specifically for Trade Unions, Associations and their members. Whether you need advice yourself, or are preparing to help your members, they hope the webinar will be useful.  

More details on how to register and information about the topic are set out here.

A really useful summary table from Emplaw authors Lewis Silkin of legal rights to pay and suggested best practice for different types of absence.

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A bumper issue this month including a summary of legislative changes coming into effect from April and some very significant cases. These include the Supreme Court decision in the Mencap case that sleep in care workers are only entitled to the NMW when awake for working, a practically challenging TUPE decision that the transfer of full time contracts can be split into separate part time contracts with different employers and of course the next stage in the Asda equal pay claim with the Supreme Court judgement on comparators at different establishments.

Holiday and Holiday Pay

Key Points

  • Workers are entitled to a statutory minimum of 28 days (or 5.6 weeks) paid leave per year (can include bank holidays);
  • The calculation of pay for holiday pay may include overtime worked
  • Workers accrue holiday rights even when off sick
  • There are special rules for young people and farm workers
  • There are rules for employers around record keeping
  • Brexit effect - unless otherwise stated, the position in relation to any EU legislation and decisions as set out in this card is as it was understood at the end of the transition period on 31st December 2020. For information on the status of EU decisions and legislation as of 31st December 2020 please see Statement on impact of Brexit on Emplaw Online content
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An incisive article from Daphne Romney QC of Cloisters, one of Emplaw's key authoring chambers, explaining how the latest judgment in this equal pay litigation clarifies and simplifies the law concerning comparators at different establishments under s.79 EqA but leaves other questions unresolved

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This article, from Emplaw authors Gowling WLG, explains the recent Supreme Court judgment in Royal Mencap Society v Tomlinson-Blake and Shannon v Rampersad t/a Clifton House Residential Home 

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A useful set of FAQs from Emplaw author Lewis Silkin covering whether an employer can make vaccination compulsory for its employees, alternatives to a mandatory requirement, time off for vaccine appointments, dealing with vaccine objectors, data privacy concerns and other issues

Read the FAQs

Statutory Limits for Awards and Benefits 2021-2022

Key Points

This reference law card contains current information on the following:

  • Tribunal compensation limits
  • State payments on insolvency of employer
  • National Minimum Wage rates
  • Tax Rates and allowances
  • Main Social Security benefit rates
  • Main National Insurance Contribution details
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The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

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