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Employment Matters - July 2022 - Independent Health

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By Hilary Larter, Zoe Wigan & Ceri Fuller


Published 15 July 2022


1. "Fire and Re-hire” Draft code of practice

The government has committed to publishing its draft statutory code of practice on “fire and re-hire” practices.

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2. Discrimination: Transgenderism and protection of religious beliefs

The EAT has held that a Christian doctor’s beliefs around transgenderism are protected by discrimination legislation.  However, it upheld an employment tribunal’s decision that the doctor had not been discriminated against because of his refusal to use the preferred pronouns of transgender services users.

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3. Constructive Dismissal: Refusal to pay contractual sick pay was a fundamental breach of contract

The EAT held that an employer’s actions in withholding contractual sick pay where it believed that an employee was off sick in an attempt to avoid a disciplinary meeting amounted to a fundamental breach of contract.

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4. Compensation for discriminatory dismissals: EAT upholds 25% uplift on compensation

The EAT has upheld a tribunal’s decision to award a 25% uplift to compensation for a discriminatory sham redundancy dismissal.

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5. Covid-19 changes to terms and conditions guidance withdrawn

With effect from 7 July 2022, the DHSC has withdrawn certain changes to terms and conditions relating to sick pay that were introduced during the pandemic.

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