Employment Bulletin - May 2020

  • School reopening - FAQs relating to returning staff
  • Court of Appeal holds that an ambiguous dismissal letter to dyslexic employee may be enough to extend the limitation period for bringing a claim - Lowri Beck Services Ltd v Brophy
  • Court of Justice of the European Union provides useful clarification on worker status under the Working Time Directive - B v Yodel Delivery Network Ltd
  • A summary of the health and safety provisions under sections 44 and 100 of the Employment Rights Act 1996 that employers should be aware of amid COVID-19
  • Constructive dismissal: EAT allows claim to proceed despite last straw event being ‘entirely innocuous’- Williams v Alderman Davies Church in Wales Primary School
  • A summary of the new ACAS guidance for employers on disciplinary and grievance procedures during the coronavirus pandemic
School reopening - FAQs relating to returning staff

Following the announcement that some schools in the UK will be reopening from June, we have collated various (anticipated) concerns that many schools may have when asking staff to return to the classroom. Our full FAQs addressing further concerns on this are available here.

Read more

Court of Appeal holds that an ambiguous dismissal letter to dyslexic employee may be enough to extend the limitation period for bringing a claim - Lowri Beck Services Ltd v Brophy

The Court of Appeal held that a misunderstood termination date may justify an extension to the limitation period for bringing a claim and highlights the importance of clear dismissal letters.

Read more

Court of Justice of the European Union provides useful clarification on worker status under the Working Time Directive - B v Yodel Delivery Network Ltd

The Watford Employment Tribunal asked the Court of Justice of the European Union (CJEU) whether the UK test to decide whether someone is a ‘worker’ was compatible with the Working Time Directive under EU law. In answering this, the CJEU has provided useful clarity on when a self-employed contractor will be classified as a ‘worker’.

Read more

A summary of the health and safety provisions under sections 44 and 100 of the Employment Rights Act 1996 that employers should be aware of amid COVID-19

Under the Employment Rights Act 1996 (‘ERA’), employees are protected from dismissal and detriment on a number of health and safety grounds, including if they refuse to attend work due to health and safety concerns. These provisions are always important for employers to be aware of to avoid potential liability and are especially pertinent amid COVID-19, as many employers ask employees to return to the workplace.

Read more

Constructive dismissal: EAT allows claim to proceed despite last straw event being ‘entirely innocuous’- Williams v Alderman Davies Church in Wales Primary School

The Employment Appeals Tribunal (‘EAT’) has overturned a decision of the Employment Tribunal (‘ET’) holding that constructive dismissal can be established if the last straw, or in other words the trigger for the resignation, is “entirely innocuous”.

Read more

A summary of the new ACAS guidance for employers on disciplinary and grievance procedures during the coronavirus pandemic

The ACAS Code of Practice should be used by employers when dealing disciplinary and grievance procedures as failure to follow this can affect the level of compensation awarded if the matter reaches an Employment Tribunal. With the UK currently in lock down and many employees working from home or on furlough, many employers are concerned how to handle such procedures. In their recent guidance, which can be found here, ACAS has confirmed that during the pandemic, existing employment law and the Code of Practice still applies and we have summarised their guidance below.

Read more

The law and practice referred to in this article or webinar has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.

The Legal 500 - The Clients Guide to Law Firms

UK Chambers logo

Best Companies - One to watch logo