- Automatic unfair dismissal for taking steps to protect father from danger due to lack of Covid-safe precautions in the workplace
A recent Employment Tribunal (ET) case of Gibson v Lothian Leisure the employee, Gibson, was able to successfully bring a claim of automatic unfair dismissal under s100(1)(e) Employment Rights Act 1996 (ERA). Gibson had raised concerns around the lack of Covid-safe measures in place in the workplace and the lack of PPE and felt danger that he would contract coronavirus and pass this on to his clinically vulnerable father.
- Not automatic unfair dismissal where employee doesn’t take reasonable steps to protect himself from danger
In the recent case of Accattatis v Fortuna Group (London) Ltd, it was held that a dismissal will not be automatically unfair under s100(1)(e) Employment Rights Act 1996 (ERA) where an employee did not do enough to reasonably protect himself from the danger.
- The belief that ‘sex is immutable and should not be conflated with gender identity’ held to be a philosophical belief for the purposes of the Equality Act 2010
The recent Employment Appeals Tribunal (EAT) case of Forstater v CGD Europe and others it was held that the belief that “sex is immutable and should not be conflated with gender identity” is a philosophical belief protect by the Equality Act 2010.
- Summer holidays and staff foreign travel: Advice for schools
It is recommended that schools have a clear policy and approach to staff foreign travel to ensure a safe return to school in September and to enable staff to make informed decisions on travel plans during the school holidays.
- Worker Status: Nursing and Midwifery Council v Somerville
The law surrounding employment and worker status is complex, with the legal position evolving through case law. It is important to consider an individual’s employment status (i.e. whether they are an employee, worker or self-employed) at the outset of any relationship as this will help the parties understand their respective rights and obligations (for example, whether the individual is entitled to receive paid holiday) and could potentially minimise the risk of a dispute between the parties in the future.
- Teacher induction to increase from 1 to 2 years from September 2021
The Department of Education (DfE) have introduced significant changes to teacher induction effective from September 2021. Under statutory guidance revised in March and to come into force in September, the term early career teacher (‘ECT’) will replace newly qualified teacher (‘NQT’), and the length of induction will increase from 1 school year to 2 school years.
- The cost of workplace conflict: employee wellbeing, organisational effectiveness and the pandemic
ACAS estimate that on average workplace conflict costs UK employers £1,000 per employee per year; from 2018 to 2019, 9.7 million people experienced conflict at work; and over half of these individuals suffered stress, anxiety or depression as a result. ACAS highlight the link between employee wellbeing and organisational effectiveness and recommend investment in effective and early resolution designed to build positive employment relationships.