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Employment Matters - June 2022 HEALTH

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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, the health and care leadership review report recommendations have been accepted by the Government and are likely to lead to a focus on equality and diversity and consistency of management in the workplace.

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. 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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5. Government publishes review into health and care leadership

The Government has published a review into leadership across the NHS and social care. The seven recommendations provided in the report have been accepted by the Government.

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