Alex Denny, Author at Laborsphere

U.K. Employment Tribunal Decisions: When Employees Refuse to Attend the Workplace for Fear of COVID-19

Recent Employment Tribunal (ET) decisions have shed light on the risks that can arise for employers where employees refuse to attend the workplace because of COVID-19 concerns. We consider below how ETs have dealt with claims of discrimination and automatic unfair dismissal related to COVID-19.

Discrimination

In X v. Y (ET 241947/2020), an employer withheld an employee’s wages after she refused to attend the workplace due to her fear that she would contract COVID-19 and pass it on to her vulnerable husband. The employee brought a claim for unlawful discrimination arguing that her opinion regarding the risk of COVID-19 and the need to protect herself amounted to a philosophical belief that was capable of constituting a protected characteristic under the Equality Act 2010. The ET disagreed. It found that the employee’s view was not a philosophical belief protected under the Equality Act 2010 but “a widely held opinion based on the present state of information” and a “reaction to a threat of physical harm”. Her claim therefore failed.

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Can U.K. Employers Make COVID-19 Vaccinations Mandatory?

With the arrival of a new year and a promising COVID-19 vaccine, many U.K. employers have expressed renewed interest in returning to the workplace. But those hoping a mandatory vaccination policy will serve as a silver bullet to reopening plans should proceed with caution. Whilst there may be certain settings in which such a policy is reasonable, pursuing it could trigger a number of legal implications.

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UK Government Extends Furlough Scheme

As England experiences a second lockdown, the UK Government has announced an extension of the Coronavirus Job Retention Scheme (also known as the furlough scheme) to protect businesses and employees as the pandemic continues to adversely impact the economy. Additionally, new regulations have come into force in England which oblige employers to ensure their employees are complying with any requirement to self-isolate.

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New U.K. Job Support Scheme to Take Effect November 1

A new Job Support Scheme designed to protect jobs in businesses facing lower demand over the winter months due to the COVID-19 pandemic will take effect November 1, 2020 and last for six months, the U.K. government announced on September 24, 2020. It will replace the U.K. Coronavirus Job Retention Scheme (known as the U.K.’s furlough scheme), which will come to an end on October 31, 2020.

For the full alert, visit the Faegre Drinker website

U.K. Employment Law Update: Confidentiality Breaches, Anonymous Witnesses and the ‘Last Straw’ Doctrine

Breach of Confidentiality Term in a COT3 Settlement Agreement

In the case of Duchy Farm Kennels v. Steels, the High Court considered whether a term of confidentiality in a COT3 settlement agreement was a condition of the agreement, in which case a former employee’s breach of that term would have entitled the employer to withhold payments due under the agreement. Continue reading “U.K. Employment Law Update: Confidentiality Breaches, Anonymous Witnesses and the ‘Last Straw’ Doctrine”

Returning to Work Post-Shutdown, Part III: Potential Trends and Changes to U.K. Workplaces

In the final instalment of our series examining the return to work post-shutdown in the U.K., we look at the potential trends and longer-term changes that the COVID-19 pandemic will likely have on U.K. workplaces.

The COVID-19 pandemic and resultant shutdown in the U.K. have caused a massive shift in the way we work, with many employers sending their employees home and transitioning to home-working in a matter of days. Notwithstanding the devastating effects that the COVID-19 pandemic has had on personal lives and the U.K. economy, many employers have found the move to a predominantly home-working culture to be largely successful. So, now that most of us have finally mastered the art of the Zoom call, what does the future hold for the U.K. workplace as the country begins to emerge from the lockdown?

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