Employment Matters - November 2020

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Employment Matters - November 2020

Published 5 November 2020

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

1. Back to furlough until end of March 2021

The Government has postponed the introduction of the Job Support Scheme and extended the Coronavirus Job Retention Scheme.

The Chancellor announced today that:

• The CJRS (furlough scheme) has been further extended until end of March 2021 across the UK. The Government will continue to pay up to 80% of pay, capped at £2,500, as per the rules of the Scheme. Employers will only pay Employer NICs and pension contributions on the amount paid to employees. The Government will however review its position in January to see if employers should contribute more. Full Guidance on the extended scheme is expected on 10 November 2020, however a Policy Paper has already been published.

• As a result of the further extension, the purpose of the Job Retention Scheme Bonus, which was a bonus payable to employers of £1,000 per employee it retained until 31 January 2021, has therefore changed so the Government has postponed this. The Chancellor said the Government will “redeploy this at the appropriate time”

• The Job Support Scheme (which was due to start on 1 November 2020) seemingly remains postponed too and we await confirmation as to what the plans are for that scheme or whether it will be shelved entirely.

Please see our earlier alert here.

2. Whistleblowing: Employment tribunal time limits and the application of the ACAS code of practice when employees make whistleblowing allegations

The EAT has held that the grievance requirements of the ACAS Code of Practice on Disciplinary and Grievance Procedures may apply to whistleblowing allegations. It has also held that the imposition of a new contract was a one-off act with continuing consequences, not an act extending over a period.

Read more.

3. Employment tribunal costs awards: Employer recoups record £432,000 in legal costs

An employment tribunal has made what is believed to be the highest ever costs award against a “duplicitous” ex-employee.

Read more.

4. Vicarious liability: Is an employer liable for its employees’ practical jokes?

An employer was not vicariously liable for an employee’s practical joke that went badly wrong.

Read more.

5. ICO publishes new right of access guidance for handling DSARs

Following its consultation which closed in February 2020, the ICO has updated its DSAR guidance.

Read more.

Authors

Zoë Wigan

Zoë Wigan

London - Walbrook

+44 (0)20 7894 6564

Ceri Fuller

Ceri Fuller

London - Walbrook

+44 (0)20 7894 6583

Hilary Larter

Hilary Larter

Leeds

+44 (0)113 251 4710

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