The EAT has ruled on a number of aspects of agency worker rights and held that the right to be informed about vacancies in the host organization is solely a right to information; it does not create a right to be allowed to apply, or be considered, for a vacancy.

An employee who created a new email distribution list containing the email addresses of all staff in his department and refused to delete it when asked by management to do so was taking part in the activities of an independent trade union (of which he was both a member and a representative). The formal warning he received was an unlawful detriment.

An employment tribunal did not have jurisdiction to grant interim relief (continued employment until the case is decided) to a claimant who alleged their dismissal amounted to unlawful discrimination. The case is expected to be heard by the court of appeal, which will consider whether to issue a declaration of incompatibility between UK law and the European Convention on Human Rights (ECHR).

On 14 January 2021, BEIS published its report on improving workplace support for victims of domestic abuse following its review last summer. The report sets out best practices for employers and BEIS’ proposed next steps. These include a recommendation that all organisations should, wherever possible, implement a domestic abuse policy and train ‘champions’ to recognise signs of abuse as well as other workplace support measures. Going forwards, BEIS intends to establish a working group to drive culture change and best practice, and issue a government consultation into making flexible working the default. Following the BEIS report, Acas updated its advice on homeworking during the pandemic to include advice on how to support staff that are experiencing domestic abuse.

In brief On 14 December 2020, the government published a new set of guidance for employers on their gender pay gap reporting requirements. The 2019/2020 reporting period was suspended last year due to the COVID-19 outbreak. However, the 2020/2021 reporting period (which is based on data at the snapshot date…

The government has announced a consultation on measures to reform post-termination restrictions in contracts of employment.  While the consultation focuses on the use of non-compete clauses, it also asks if the restrictions it proposes should be extended to other forms of restriction such as non-solicitation and non-dealing covenants commonly found in UK contracts as well.

The consultation sets out proposals, and invites comments by 26 February 2021.

In brief The High Court has ruled that the UK failed to properly implement EU health and safety law by restricting protection from health and safety detriment to employees only. Workers should have the same protection. Contents Key takeaways In-depth High Court decision Comment Case information Key takeaways Employers engaging…

Employers can justify indirect discrimination if they can show that their actions were a proportionate means of achieving a legitimate aim. Although discrimination cannot be justified where the reason is solely to save costs, the Court of Appeal has held that the need to reduce staff costs in order to balance an employer’s books was such a legitimate aim.

In brief The UK government has further extended its Coronavirus Job Retention Scheme, to 31 March 2021. Guidance issued to date shows that employers who have already furloughed staff should get their furlough agreements in place by 13 November. We examine the other key details below. Context The Coronavirus Job…

An employee who was dismissed as a result of having been charged with a criminal offence was unfairly dismissed. The employer had invited him to attend a disciplinary hearing on a matter of misconduct, but was unable to decide whether the employee had committed the offence. Finding that they were unable to rule out the possibility that he had, the employer then dismissed him for a different reason –  the risk of reputational damage if it became known that it had continued to employ him. The dismissal was both procedurally and substantively unfair.