Month: February 2022

End of isolation and covid restrictions brings fresh questions for employers and employees

28 February 2022

In December 2019 (before my didlaw days), a horrendous flu circulated among my office of around 12 people. Someone would come in coughing, and the next day they would be bed-bound. Several people didn’t come back in for a week or more, although a few struggled into the office, tissues and lurgy in tow. (One […]

What is the correct approach when assessing loss of earnings compensation for constructive dismissal and disability discrimination dismissal?

25 February 2022

This was the issue before the Employment Appeal Tribunal in the case of Shittu v Maudsley NHS Foundation Trust. The Claimant was employed by the NHS Trust from 2004 until 2016 when he resigned. The Claimant was disabled. During his employment, the Trust made a deduction from the Claimant’s pay for what they considered to […]

4 Day Working Week: Happy ThursYAY

24 February 2022

The 4 day working week: often mooted but seemingly never actually implemented. The idea is a source of scornful derision for some – remember Boris Johnson suggesting Jeremy Corbyn must have found a money tree for daring to suggest it? But, for others, it’s the way forward, the first step in the march towards a […]

Employee unfairly dismissed for gross misconduct: Quelch v Courtiers Support Services Ltd.

21 February 2022

An employee dismissed for gross misconduct after refusing to return to his employer’s office during the Covid-19 pandemic after a period of working from home has been successful in claims for unfair and wrongful dismissal. The facts The Claimant began employment with the Respondent, a financial services company, in June 2018. During his employment, the […]

London’s Met Police Misconduct: the workplace from hell?

18 February 2022

Americans (like me) can’t help but love the British police. They politely offer directions, they wear funny hats, they…don’t carry guns. How delightful! Of late though I find myself feeling rather disillusioned, and I don’t think I’m alone. Since the horrific murder of Sarah Everard last year, the spotlight has been glaring onto an institutional […]

SSP rebate – time for review?

14 February 2022

Covid continues to dominate the headlines.  The new Omicron variant has led to a spike in the number of daily cases recorded in recent weeks.  Employers across the country, most notably the NHS, report a staffing crisis as they struggle to deliver an already stretched service with increasing numbers of staff unable to work due […]

Paid Annual Leave – Smith v Pimlico Plumbers Ltd – the saga continues

11 February 2022

Just when you thought all aspects of paid annual leave had been covered, the Court of Appeal has handed down another decision about this ostensibly prosaic but incredibly thorny issue. Many of you will be familiar with the background facts of the Pimlico case. See Joanne Sinclair’s blog of 23 March 2021. However, for those […]

National Disability Strategy declared unlawful by High Court

9 February 2022

The government’s National Disability Strategy is unlawful, as determined by the High Court in R (Binder and Others) v The Secretary of State for Work and Pensions. This is due to a failure to comply with consultation duties. The National Disability Strategy, published by the government on 28 July 2021 to much fanfare from its […]

every little [bit of retained pay] helps

7 February 2022

Employers generally adhere to the following process if they wish to vary their staff’s contracts in order to subject them to less favourable terms. First, they will justify the step as being for a sound business reason. Then, they will consult employees in the hope of getting consent to the variation. If consent isn’t given, […]