In this edition:
Employment & HR for Schools
Migration Advisory Committee publishes recommendations relating to sponsored workers, providing further insight into the future of the UK’s immigration system
The Migration Advisory Committee (MAC) is an independent public body that advises the government on migration issues. On the 28 January 2020, they published a long awaited report on a points-based visa route and the use, and level, of salary thresholds for sponsored workers, in response to commissions from the Government.
Court of Appeal holds that a one off act by an employer will not always qualify as a "provision, criterion or practice" under the Equality Act 2010
Ishola v Transport for London
The Court of Appeal has provided guidance on what can amount to a ‘provision , criterion or practice’ for reasonable adjustment claims, holding that one off acts by an employer will not always be enough to amount to liability.
- The law
Sections 20 and 21 of the Equality Act provide that employers have a duty to disabled employees to make reasonable adjustments where a disabled person is placed at a substantial disadvantage by:
EAT holds that for disability discrimination claims, the Claimant must show that their condition had a ‘long term effect’ at the time of the alleged acts of discrimination
- The Law
Tesco Stores Limited v Tennant.
Schedule 6(1) of the Equality Act 2010 provides that a person is disabled if they (a) have a physical or mental impairment and (b) if the impairment has a substantial and long-term adverse effect on their ability to carry out day to day activities. This is supplemented by Schedule 1 and there are four questions to consider:
Whistleblowing - Court of Appeal holds that an employer publically denying the truth of a protected disclosure, did not subject the employee to detriment
Jesudason v Alder Hey Children’s NHS Foundation Trust
The Court of Appeal (‘COA’) considered the scope of the right to not be subjected to detriment by an employer on the grounds of making a protected disclosure and held that an employer’s public rebuttal of an employee’s allegation, did not lead to liability under whistleblowing law.
In January 2020, the Government provided further detail on the new Parental Bereavement Leave (PBL) legislation that are set to come into force from the 6 April 2020. Ahead of its introduction, employers should be aware of their obligations and the legal rights afforded to grieving parents.
Tribunal holds that ethical veganism is protected as a philosophical belief under the Equality Act 2010
Casamitjana v League Against Cruel Sports
Whilst it was previously ruled that vegetarianism was not a philosophical belief, the Employment Tribunal has ruled that ethical veganism (rather than dietary veganism) is entitled to protection under the Equality Act 2010.
On the 31 January 2020, the UK left the European Union. The transitional arrangements are now in place for EEA nationals, but how can employers prepare? What of those EEA nationals who work for you as employees and volunteers?
From 30 June 2021 all EU nationals must hold one of two statuses – settled status or pre-settled status. Settled Status is confirmation for EU nationals who have lived in the UK for five or more years; pre-settled status is for those EEA nationals who have lived in the UK for less than that time.
EU nationals will need to take three steps:
In March, two specialist advisors to the education sector are travelling across the country to offer free HR workshops. Education law experts Stone King and software solutions company Every, which designs easy-to-use operational management tools specifically for the sector, have joined forces to run these sessions.