Employment

Employment case law round up

Extending right not to be subject to detriment in health and safety cases to ‘gig economy’ workers in Northern Ireland

New statutory rule follows High Court's decision that UK Government has failed to properly apply provisions within EU health and safety directives to ‘limb (b)’ workers

Amendments to regulations setting out how a week’s pay is calculated for purposes of calculating statutory payments for furloughed workers

New statutory instrument makes amendments in consequence of the Coronavirus Job Retention Scheme being extended to 30 September 2021

Court of Appeal rules that employment tribunal erred in ordering employer to re-engage employee in role it had ‘genuine and rational belief’ he would not be capable of fulfilling

Kelly v PGA European Tour [2021] EWCA Civ 559

Court of Appeal rules that statutory provisions that prevent foster carers from forming a recognised union are in breach of Article 11 of the European Convention of Human Rights

National Union of Professional Foster Carers v The Certification Officer [2021] EWCA Civ 548

Insecure workers face ‘triple whammy’ of a lack of sick pay, fewer rights and endemic low pay while also having to shoulder more risk of Covid-19 infection

TUC research reveals that insecure workers are nearly 10 times more likely to receive no sick pay compared to secure workers, while Covid-19 mortality rates are twice as high

Government issues new Treasury Direction in relation to extension of the Coronavirus Job Retention Scheme to the end of September 2021

Direction sets out the scheme applying for the period beginning on 1 May 2021 and ending on 30 September 2021

Almost two-fifths of UK workers are given less than a week’s notice of working hours

Living Wage Foundation highlights that low-paid workers, particularly from BAME backgrounds and families, have been hard hit by short notice practices during the Covid-19 pandemic

Government launches consultation on making Covid vaccination a condition of work for some care home staff

Evidence sought on how the change for care homes with older adult residents in England could be implemented and whether respondents think it would be beneficial

Employment case law round up

Government issues new Treasury Direction in relation to the fourth payment under the Self-Employment Income Support Scheme

Direction confirms that claims for SEISS 4 must be made on or before 1 June 2021

New JobStart Scheme launched in Northern Ireland to fund work opportunities for 16 to 24 year olds

Scheme to provide employers with 100 percent of National Minimum Wage or National Living Wage for 25 hours a week on six or nine month placements

Presidential Guidance issued on hearing Employment Tribunal cases remotely ‘by default’ in 2021/2022

New 'road map' for the year also sets out staffing developments including a 'virtual region' that will bring together judges and lay members remotely to hear cases

Increase in banding rates for Employment Tribunal awards for injury to feelings

Joint Presidential Guidance increases banding for claims presented on or after 6 April 2021

Agricultural Wages Board for Northern Ireland agrees 2021/2022 agricultural pay rates

New minimum rates to take effect from 1 April 2021

Delays and increasing backlogs in the Employment Tribunal risk undermining ‘fundamental aims’ of our justice system, Peers warn

Lords Constitution Committee says that considerable new effort and investment is required 'for justice to be done, and be seen to be done'

Employment case law round up