U.K. Employment Law Update: Impact of Lack of Appeal on Fairness of Redundancy Process, Dismissal for Assertion of a Statutory Right, and Dismissal of Whistleblower

Was a Redundancy Dismissal Unfair Because of Lack of Appeal?

In Gwynedd Council v (1) Barratt (2) Hughes [2021] EWCA Civ 1322, the Court of Appeal (CA) considered whether an employer’s failure to give an employee an opportunity to appeal against the decision to dismiss them for redundancy rendered the dismissal unfair.

The claimants were teachers who were dismissed for redundancy as a result of the closure of the school at which they taught. They brought a claim for unfair dismissal, arguing that the redundancy process had been unfair, in part because they were not given an opportunity to appeal their dismissal.

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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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CDC: All Air Passengers Traveling From the U.K. to the U.S. Must Have Proof of a Negative COVID-19 Test

In a bid to help contain the new coronavirus strain found in the U.K., the Centers for Disease Control and Prevention (CDC) issued an order requiring proof of a pre-departure, negative COVID-19 test result for all airline passengers — including U.S. citizens and lawful permanent residents — traveling from the U.K. to the U.S. The order officially went into effect on December 27, 2020.

For the full alert, visit the Faegre Drinker website.

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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Returning to Work Post-Shutdown, Part 1: U.K. Workplace Considerations

The COVID-19 pandemic and the resultant lockdown have caused a massive shift in the way we work, and as the U.K. prepares for the lockdown to ease, employers will continue to face a variety of challenges as the U.K. adapts to a new normal. In a three-part series, Faegre Drinker’s London labor and employment attorneys will be examining the challenges U.K. employers are likely to face in the coming months, including how employers can manage the transition back to the workplace, addressing the economic impacts of COVID-19, and the potential trends and changes to U.K. workplaces following the pandemic. This week, we will be starting the series with a look at how employers should manage the return to the workplace.

For the full alert, visit the Faegre Drinker website.

U.K. Immigration Update: Government Unveils New Post-Brexit Points-Based System

The British government released a policy statement on 19 February 2020 about the future of the United Kingdom’s (U.K.) immigration system, and the proposed changes will make it very costly for U.K. companies to employ European Union (EU) citizens. Following the U.K.’s departure from the EU last month, freedom of movement for EU citizens to the U.K. and for U.K. citizens to and within the EU will cease at the end of the transition period on 31 December 2020. The government will also scrap the labour market test and the cap on the number of visa applicants.

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