Welcome to the Wrigleys Employment Law Bulletin, July 2020.
As Covid-19 restrictions become more specific and nuanced, employers in all sectors are busy finding ways to function and, hopefully, thrive in the "new normal." The Government has announced a package of measures designed to incentivise employers to retain furloughed staff into next year and to maximise opportunities for young people to gain work experience and enter the jobs market. We take a look at some of the detail of this "Plan for Jobs". We also consider the ICO's guidance for organisations conducting Covid-19 testing on employees as part of their workplace risk mitigation and provide a useful reminder of an employer's obligations under data protection law when processing special category data such as information about an employee's health.
As the furlough scheme begins to taper from next month, we consider the risks for trustees, directors, managers and HR professionals who know about fraudulent furlough claims but do not report them.
We report on the EAT's recent decision in O'Sullivan v DSM Demolition Ltd which considered when work performed before a start date will or will not count towards continuity of service - a question which can sometimes be vital in establishing whether an employee can bring an unfair dismissal claim.
In Varnish v British Cycling, the EAT determined that an athlete in receipt of direct grant funding was not an employee of British Cycling. We look at the EAT's helpful review in this case of the key indicators of employee status, as opposed to self-employed status.
Unfortunately, many employers will currently be planning for or carrying out redundancy exercises. In our question of the month for July, we examine whether employers should offer a right of appeal to employees who are dismissed by reason of redundancy.
Forthcoming webinars:
Equality in the workplace - transgender discrimination - 4 August 2020, Webinar - https://www.wrigleys.co.uk/events/detail/equality-in-the-workplace----transgender-discrimination/ For more information or to book
Equality in the workplace - disability and reasonable adjustments - 1 September 2020, Webinar - https://www.wrigleys.co.uk/events/detail/reasonable-adjustments-in-the-workplace/ For more information or to book
Equality in the workplace - atypical working, zero hours and ethical Issues - 6 October 2020, Webinar - https://www.wrigleys.co.uk/events/detail/atypical-working--zero-hours-and-ethical-issues/ For more information or to book
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
