Employment Matters - March 2020

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Employment Matters for Health - March 2020

Published 5 March 2020

DAC Beachcroft's Employment Matters focuses on some of the most interesting cases and events occurring within the Employment Law sector.

We have also been working with clients on how to respond to the employment issues arising from containing the coronavirus. Please see our alert in the COVID-19 collection here.

In this month’s alert we cover:

Disability discrimination: EAT considers whether one-off acts amount to a provision, criterion or practice 

One-off acts by an employer in the course of dealing with one employee can, but will not always, amount to a provision, criterion or practice meaning disability protections do not bite.

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Whistleblowing: Court of Appeal holds employer not liable for making a false statement to third parties about a whistleblowing ex-employee

An employer who made a damaging false statement about a whistleblowing ex-employee to third parties in an attempt to set the record straight was not liable for whistleblowing detriment.

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Unfair dismissal: EAT finds dismissal was unfair because the investigating officer failed to pass important information to the decision maker

A dismissal for alleged sexual assault was unfair because the investigating officer failed to tell the decision maker that the complainant had withdrawn her complaint to the police.

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Unfair dismissal: EAT considers whether it be fair to dismiss to avoid reputational risk 

It was fair to dismiss an employee to avoid reputational damage when he had been charged with a serious criminal offence, even though the charges did not relate to his job and he was subsequently acquitted.

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IR35 off-payroll working rules: Extension to private sector will only apply to services provided from 6 April 2020

HMRC and HM Treasury have announced that the extension of the off-payroll working rules to medium and large businesses in the private sector will only apply to services provided on or after 6 April 2020. As originally drafted, the extended rules would have applied to services provided before 6 April 2020 if payment for those services was made on or after that date.

The amendment makes clear that if all of the services are provided before 6 April 2020, the extended rules will not apply to the payment (regardless of when it is made). If payment is made on or after 6 April 2020 in respect of services provided both before and after that date, a “just and reasonable” apportionment will be required.

Following our successful webinar on Future Developments in Family Friendly Rights the recording is now available to listen to as part of our webinar collection here.

Authors

Ceri Fuller

Ceri Fuller

London - Walbrook

+44 (0)20 7894 6583

Zoë Wigan

Zoë Wigan

London - Walbrook

+44 (0)20 7894 6564

Hilary Larter

Hilary Larter

Leeds

+44 (0)113 251 4710

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