Employment news and case law

6 May, 2020 Open access

Government should introduce a separate Coronavirus Job Retention Scheme for charities, say MPs

Select Committee says that is has heard evidence that undermines assurances given by the Secretary of State that charities can access many of the measures for businesses announced by the Chancellor

5 May, 2020 Open access

Employment Tribunal Presidents issue joint Practice Direction on documents that are electronically delivered and signed

New guidance confirms that documents delivered electronically will comply with Rules of Procedure if they bear a facsimile of judge’s signature or their typed name

5 May, 2020 Open access

Equality and Human Rights Commission warns employers of their continuing obligations to comply with equalities legislation during COVID-19 crisis

New guidance acknowledges that employers may need to make difficult decisions on ways of working during crisis, but this must not result in ‘rowing back’ on people’s rights

4 May, 2020 Open access

Coronavirus Job Retention Scheme must not end ‘at a cliff-edge’, says TUC as it sets out recommendations to help UK transition out of lockdown

Job Guarantee Scheme for those who lose their jobs would help prevent the coronavirus pandemic being followed by a major unemployment crisis, says General Secretary

1 May, 2020

Court of Justice of European Union rules that Yodel delivery driver does not have ‘worker’ status under the Working Time Directive

B and Yodel Delivery Network Ltd (Case C‑692/19)

30 April, 2020

Court of Appeal considers whether Employment Tribunal correctly allowed late claim from disabled employee where his mistaken belief about the date of dismissal contributed to delay

Lowri Beck Services Ltd v Brophy [2019] EWCA Civ 2490

30 April, 2020

Supreme Court rules that Barclays Bank is not liable for sexual assaults allegedly carried out by doctor it instructed to carry out pre-employment examinations

Barclays Bank plc v Various Claimants [2020] UKSC 13

29 April, 2020

Law Commission calls for increased powers for employment tribunals to help protect workers

New report on the jurisdiction of employment tribunals highlights that 'unsatisfactory gaps' can lead to claimants having to bring proceedings in the civil court as well

28 April, 2020 Open access

Access to justice and advice sector organisations call for temporary extension of time limit for making harassment or discrimination employment tribunal claims

Joint letter to Lord Chancellor seeks extension of time limit from three to six months to protect access to justice during the coronavirus outbreak

28 April, 2020 Open access

Exception to the bar on carrying forward untaken leave under the Working Time Regulations as a result of the effects of coronavirus

New regulations issued in Northern Ireland

27 April, 2020

HMRC issues guidance to employers on reporting payments made under the Coronavirus Job Retention Scheme through the RTI system

New guidance sets out how and when employers should report payments in range of different circumstances

22 April, 2020 Open access

High Court considers whether administrators of a company that has furloughed its employees, pending payments from the CJRS, can avoid ‘adoption’ of the employees’ contracts

Debenhams Retail Ltd, Re [2020] EWHC 921 (Ch)

20 April, 2020

Employment case law round up

14 April, 2020 Open access

High Court considers the legal basis upon which the administrators of an insolvent company might ‘furlough’ the company’s employees pursuant to the Coronavirus Job Retention Scheme

Carluccio's Ltd, Re Insolvency Act 1986 [2020] EWHC 886 (Ch)

9 April, 2020 Open access

Temporary amendment of the Employment Appeal Tribunal Rules in response to COVID-19 outbreak

New statutory instrument

1 April, 2020

Amendment of regulations relating to the terms and conditions of employment of agricultural workers in Wales

New statutory instrument

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Employment

Government should introduce a separate Coronavirus Job Retention Scheme for charities, say MPs

Select Committee says that is has heard evidence that undermines assurances given by the Secretary of State that charities can access many of the measures for businesses announced by the Chancellor

Employment Tribunal Presidents issue joint Practice Direction on documents that are electronically delivered and signed

Equality and Human Rights Commission warns employers of their continuing obligations to comply with equalities legislation during COVID-19 crisis

Coronavirus Job Retention Scheme must not end ‘at a cliff-edge’, says TUC as it sets out recommendations to help UK transition out of lockdown

Court of Justice of European Union rules that Yodel delivery driver does not have ‘worker’ status under the Working Time Directive

Court of Appeal considers whether Employment Tribunal correctly allowed late claim from disabled employee where his mistaken belief about the date of dismissal contributed to delay

Supreme Court rules that Barclays Bank is not liable for sexual assaults allegedly carried out by doctor it instructed to carry out pre-employment examinations

Law Commission calls for increased powers for employment tribunals to help protect workers

Access to justice and advice sector organisations call for temporary extension of time limit for making harassment or discrimination employment tribunal claims

Exception to the bar on carrying forward untaken leave under the Working Time Regulations as a result of the effects of coronavirus

Employment case law round up

More than a quarter of workers were furloughed in first two weeks of the coronavirus lockdown

Employment Tribunals President issues new Practice Direction on vulnerable parties and witnesses

HMRC issues guidance to employers on reporting payments made under the Coronavirus Job Retention Scheme through the RTI system

High Court considers whether administrators of a company that has furloughed its employees, pending payments from the CJRS, can avoid ‘adoption’ of the employees’ contracts

Employment case law round up

High Court considers the legal basis upon which the administrators of an insolvent company might ‘furlough’ the company’s employees pursuant to the Coronavirus Job Retention Scheme

Temporary amendment of the Employment Appeal Tribunal Rules in response to COVID-19 outbreak

Amendment of regulations relating to the terms and conditions of employment of agricultural workers in Wales