People and talent management

Blogs from our legal experts:

• Auxiliary aids and reasonable adjustments: a reminder 
  According to a recent decision from the Employment Appeal Tribunal, the third requirement (relating to auxiliary aids) compromised in the duty to make reasonable adjustments can often be overlooked. Read more...

• Furloughing options a relevant factor when assessing reasonableness of dismissal 
  Two recent employment tribunal decisions have shed light on the way employers are expected to approach redundancy dismissals during the currency of the Coronavirus Job Retention Scheme. While it is for the employer to decide whether or not to use the scheme in a COVID-related redundancy situation, failing to consider the possibility at all may make a resulting dismissal unfair...

• Four unanswered questions about vaccination and care homes
  Operational guidance for the vaccination of people working or deployed in care homes was published on 4 August. It provides much useful information on the steps care home managers now need to take to implement the regulations, which from 11 November will require most people aged 18 and over entering care homes in England to be vaccinated. Read more...

• ACAS launches hybrid working guidance 
  The guidance reminds employers that they should produce a hybrid working policy and consult with staff or their representatives in relation to this policy and any contractual changes. Read more...

• Government to introduce new duty to prevent harassment in the workplace
  The key proposals the Government has now confirmed it will be taking forward “as soon as parliamentary time allows” are as follows...

• ECJ delivers new ruling on headscarves in the workplace
  The European Court of Justice has returned to the issue of when an employer’s instruction to remove a headscarf is discriminatory because of religion or belief. Four years ago the Grand Chamber considered this issue following references from France and Belgium. This time round it has considered two references from Germany.

• New guidance on working safely during coronavirus published
  Following last week’s announcements confirming that England will be moving to stage 4 on 19 July, the government has published new guidance which will apply from that date. The devolved nations are making slightly different arrangements about the lifting of the remaining COVID lock-down restrictions, though all the UK is moving in a similar direction...

• “Gender critical” beliefs qualify for protection, subject to restrictions on their expression
  The Employment Appeal Tribunal has reversed the employment tribunal’s decision that Maya Forstater’s belief that “biological sex is real, important, immutable and not to be conflated with gender identity” did not qualify for protection under the Equality Act as a religious or philosophical belief. Read more...

• Offer of amends cannot cure fundamental breach 
  The Employment Appeal Tribunal has confirmed that once an employer has committed a fundamental breach of contract, the employee does not have to accept an offer to make amends, but remains entitled to rely on the breach and bring a claim for constructive unfair dismissal.

• What has happened to the Employment Bill?
  The Government has now offered an explanation for the absence of an Employment Bill in the 2021 Queen’s Speech. In a response to a letter from the Chairs of the Work and Pensions and BEIS Committees, the BEIS Secretary Kwasi Kwarteng has said that the Bill will...

• Withdrawal of working from home guidance leaves employers with plenty to think about 
  The working from home guidance is one of many COVID restrictions that are due to be removed on 19 July. Yesterday, to accompany the Prime Minister’s announcement, the Government published COVID Response: Summer 2021 which contains more information about how it intends to manage the lifting of most of the remaining restrictions.

• Offer of amends cannot cure fundamental breach
  The Employment Appeal Tribunal has confirmed that once an employer has committed a fundamental breach of contract, the employee does not have to accept an offer to make amends, but remains entitled to rely on the breach and bring a claim for constructive unfair dismissal. Read more...

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