Employment Matters - February 2021 - Health & Social Care

By Hilary Larter, Ceri Fuller and Zoe Wigan

Published 08 February 2021

Overview

We’re delighted to have recorded the first of our podcasts looking at the COVID legacy on various topics of interest to employers. To listen to it click here.

In November 2020 we updated you on the ECJ decision in UQ v Marclean Technologies SLU which looked at triggering collective redundancy consultation. The English language version of the decision has now been published and makes no difference to our analysis. This case currently remains binding as part of the UK’s retained EU case law under the terms of the trade agreement reached between the UK and the EU when the transitional period in relation to Brexit ended and the UK exited the EU.

This month we are covering a number of cases as well as a brief look at COVID-19 developments which have not already been the subject of a separate alert.

1. Tribunal Time Limits: No extension of tribunal time limits for an ex-employee who claimed that he had misunderstood the early conciliation rules

The Court of Appeal has upheld a tribunal’s decision that it was not just and equitable to extend time limits by three days where the ex-employee claimed that he had misunderstood the early conciliation rules.

2. Victimisation: An employee who referred to “discrimination” without specifically referring to sex discrimination was not protected from victimisation

A comment in a grievance that an employer’s actions “might amount to discrimination” was not a “protected act” for the purposes of victimisation.

3. Interim Relief:

Interim relief hearings must be held in public

The EAT has held that interim relief hearings must be held in public unless an order restricting publicity is made.

Interim relief may be available in discrimination claims

The EAT has held that the absence of interim relief for claims of discrimination in employment may be incompatible with European law.

4. Trade Unions: What duty does a trade union owe to its members in employment disputes?

The High Court has provided guidance on the duty of care owed by a trade union to its members when advising and acting in employment disputes.

5. COVID-19 Update

We sent out a recent alert about issues employers need to consider when determining whether to require their employees to have a COVID-19 vaccination.

Different considerations apply depending on the workplace setting so click here to read the alert relevant to you.

We also pick up on the recent changes introduced by the new furlough scheme Treasury Direction.