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A useful article from Emplaw authors Lewis Silkin which examines a recent European Court of Justice ruling suggests that employers should look at a “rolling” 90-day period when ascertaining whether collective redundancy consultation is required. While this has potentially significant implications, the end of the Brexit transition period may limit its fallout.

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Your one stop monthly update on the latest employment law news and cases Figures are published for 2021-2022 benefit rates, pension rates and National Minimum Wage. We report and explain recent DBS changes, Acas conciliation changes and much more. Cases this month include a useful judgement from the Court of Appeal covering the various requirements for a whistleblowing claim and an EAT decision on what is or is not a redundancy situation.

Positive Action

Key Points

  • Positive discrimination would be generally unlawful except within the specific provisions of the Equality Act 2010.
  • S.158 allows for positive action if it is a proportionate way to achieve a defined permitted aim.
  • S.159 allows a person with a protected characteristic to be preferred above another if the two are equally qualified.

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This article, from Emplaw authors Lewis Silkin, answers some of the most frequently asked questions about sickness absence and sick pay during the ongoing Covid-19 pandemic, including the rules on statutory sick pay and the position of people who are self-isolating, “shielding” or otherwise vulnerable - updated 10th December 2020

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A webinar from Emplaw authors Gowling WLG which covers  the new IR35 legislation coming into effect next year, the effects of Brexit and how best to address its impact as well as recruitment during a pandemic.

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In this free hour long webinar  Senior Partner Paul Scholey from Morrish solicitors discusses Covid in the workplace, what happens when Employers get it wrong, redundancy and employee rights in these unprecedented times. The webinar takes place on Tuesday 8th December at 10am. 

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A free webinar on 10th December which gives an assessment of employee benefits in  this new world and includes an update on recent employment  law developments from  Emplaw Online author Matt Jenkin from Moorcrofts

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News this month includes the Points-Based Immigration System coming into effect from December 2020, and the launch of an inquiry into freedom of expression from the Joint Committee on Human Rights and a call for evidence on ethnic disparities and inequality from the UK Commission on Race and Ethnic Disparities . We also provide useful COVID related updates for employers and employees. Cases this month include important Supreme Court decisions on positive discrimination and also the application of EU Health and Safety Directives to workers as well as employees.

A blog from Cloisters barrister Caroline Musgrave considering the judgment in R (Independent Workers Union of Great Britain) v Secretary of State for Work and Pensions r:and its importance for gig workers during the COVID-19 pandemic.

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As 31st December seems to be accelerating towards us, we signpost Emplaw guidance on engaging non-UK citizens from January 2021 as well as guidance from the Government and our authors on all the key issues for businesses and their workforces. Cases this month include a reminder of the group and individual disadvantage elements required for indirect discrimination claims and a reminder for employers of the potential extent of aggravated damages awards.