Archived Legal Articles from 2022

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Employment & HR


Caretaker with long Covid was a disabled person - Important ET decision


A significant development for employers, including those in the education sector, took place last week when the employment tribunal handed down its judgment in the case of Burke v Turning Point Scotland. For the first time in a reported case, the tribunal held that an individual with long Covid met the…

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Could agency workers resolve the disruption caused by Industrial Action?


The current legal position surrounding business disruption caused by industrial action is that if your business faces industrial action, employers are unable to recruit agencies to supply workers specifically to cover work that is not being done by lawful industrial action, however, that could soon be…

Coming up: Simplification of Apprenticeships


From August 2022, the government will make the apprenticeships programme simpler for employers to use. It hopes to make the system more user friendly by reducing 'bureaucratic burdens'. The improvements are set to include: · Making it simpler for individuals to accelerate their…

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The 'Great Resignation'


2021 was the year deemed to be the 'Great Resignation' whereby employers witnessed mass resignations. Indeed, figures at the end of November 2021, evidenced that 4.5 million people had resigned from their positions, leading to the huge question as to why? Was this, as many espouse, a result of a…

Long Covid: What types of claims do employers need to be aware of?


People suffering from long Covid have reacted with alarm to comments by government's equalities watchdog, that the condition should not be treated as a disability. In a tweet posted on Sunday night, the Equalities and Human Rights Commission (EHRC), said: " Discussions continue on whether…

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Employment Tribunals - Road Map 2022-2023


As the country and businesses continue to manage it's way out of the pandemic, the Employment Tribunal's are no different. Given the events of the last two years the Employment Tribunal system has faced increasing pressures which has led to a backlog in the processing, management and listing of…

Questions We've Been Asked In March 2022


Q: How should we deal with a grievance that is raised by an employee during a disciplinary process? A: If a grievance is raised during a disciplinary process the usual process may be to temporarily suspend the disciplinary process to deal with the grievance, however, there is no legal requirement…

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April Employment Essentials for HR


April 2022 sees six major changes for employers. It is vital that HR teams familiarise themselves with the updates prior to their enforcement and ensure that its existing policies are compliant and updated with any mandatory obligations. Procedure and policy documents should be subject to regular review…

STRESS: A pandemic in its own right in teaching? The after-effects of Covid-19


Undoubtedly, everyone has been affected in some way over the course of the past 2 years as a result of the Covid-19 pandemic. When the order was issued to work from home, some people were of course able to work from home, thereby reducing the risk of contracting the virus, however, many people were key…

Confidential Information and Employment Tribunal proceedings


When an employee leaves your employment what do you do to ensure that they have returned all your confidential information? Most employers rely on either a contract of employment setting out the obligations on an employee to return company property on exit or on asking an employee to provide a written…

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Forbes' Employment Team - Tribunal work for Registered Providers


Aside from the provision of routine advice to our clients, the Employment team at Forbes has significant experience in working with housing associations on specific projects, including running grievance and disciplinary investigations, and advising on each stage throughout restructures. We also support…

Implied term that a disciplinary process will be conducted fairly?


Burn v Alder Hey Children's NHS Hospital saw a claim brought by an employee seeking an injunction preventing her employer moving forward with the disciplinary process she was subject to, until an issue of disclosure was dealt with. The claimant considered that a contractual right to see correspondence…

Drug and alcohol misuse at work


Royal Mail has recently launched an investigation after footage appeared to show postal workers under the influence of drugs. According to a caption, the workers accidentally ate 'hash brownies' and had to be helped because of the impact the drugs had on them. The video claims staff ate the…

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IKEA cuts self-isolation sick pay for unvaccinated staff


IKEA has confirmed that it has cut sick pay for its unvaccinated UK staff, without mitigating circumstances, who would be required to self-isolate due to close contact with someone with Covid-19. The furniture retailer said workers who have not been jabbed will receive only statutory sick pay of £…

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