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Employment Matters - January 2022 - Health

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By Hilary Larter, Zoe Wigan & Ceri Fuller


Published 13 January 2022


A very happy new year to all our readers. We hope you had an enjoyable Christmas break and stayed well. Our pick of this month’s developments are below.

There are two other developments to note:

  1. With the aim of increasing GP capacity to support the Covid vaccine booster policy, employees will not, for absences starting before 26 January 2022, be required to provide medical fit notes in respect of the first 28 days of incapacity. This is an increase from the default position of 7 days’ absence.
  2. Before Christmas the Government launched a consultation  on disability workforce pay gap reporting, for employers employing 250 or more employees. The consultation explores both voluntary and mandatory reporting on the disability profile of the workforce and closes on 25 March 2022. The consultation response and next steps are likely to be published in 2022, and changes could be picked up in the Employment Bill which was first announced back in 2019 (see our earlier alert: here).

The Regulations regarding mandatory vaccination and the health and wider care sector were enacted on 7 January 2022. To read more about this much anticipated development please see our alert: here.

1. Unfair dismissal: Dismissal for bringing vexatious and frivolous grievances was fair

The EAT has upheld a tribunal’s decision that an employee who had raised numerous grievances, which he refused to progress or withdraw, had been fairly dismissed.

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2. Tribunal awards: 25% uplift on compensatory, injury to feelings and aggravated damages awards upheld by the EAT

The EAT has upheld a tribunal’s decision to uplift by 25% an award for injury to feelings and aggravated damages for failure to comply with the ACAS Code of Practice.

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3. Disability discrimination: Withdrawal of secondment offer was not disability discrimination

The EAT has upheld a tribunal’s decision that an employer had not discriminated against an employee when it withdrew an offer of secondment following advice that the secondment would put the employee at high risk because of their disability.

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4. Maintaining high professional standards: Disclosure of documents relating to internal investigations

The Court of Appeal has upheld a High Court judgment that a neurosurgeon who was subject to an internal investigation did not have the right to see all documents relating to the investigation, only communications sent from one person to another.

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