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Employment Matters - June 2022 C + FS

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By Hilary Larter, Zoe Wigan & Ceri Fuller


Published 10 June 2022


There are fewer case law developments to report on from the past month. Long Covid continues to attract commentary, the EHRC’s comments confirm that whilst it is not a deemed disability its effects may amount to a disability. Finally, while there was no employment legislation in the Queen’s speech, the Government will ban exclusivity clauses for low paid workers and has also announced a Future of Work review.

1. Without prejudice: Exaggerated allegations did not fall within the “unambiguous impropriety” exception to the without prejudice rule

The EAT has held that a without prejudice letter which included exaggerated allegations about an employee’s conduct did not fall within the “unambiguous impropriety” exception to the without prejudice rule, and could not therefore be admitted as evidence in tribunal.  

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2. Sex discrimination: Failure to provide workplace facilities to express breastmilk was sexual harassment

An employment tribunal has held that failing to provide a private space for an employee to express breastmilk at work, forcing her to express in the toilets or her car, was sex harassment, but it was not direct or indirect discrimination.  

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3. Disability discrimination: Long Covid

The EHRC has clarified that, while long Covid will not automatically constitute a disability, it may amount to a disability.

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4. Exclusivity clauses: Banning exclusivity clauses in employment contracts for low paid workers

The Government has confirmed that it will bring in legislation banning employers from including exclusivity clauses in employment contracts for workers whose weekly income is on or below the Lower Earnings Limit.

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5. Government announces a review of the future of work

The Government has announced that Matt Warman MP has been asked to conduct a review of the Future of Work.

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