Employment Matters - October 2020

Published 6 October 2020

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

1. Disability discrimination: employee suffering from paranoid delusions did not have a disability

An employee who suffered from paranoid delusions was not protected against disability discrimination because the adverse effect of the delusions on his day-to-day activities was not likely to last for 12 months.

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2. Unfair dismissal: “mapping” in redundancy situations

An employee who resigned after her employer tried to “map” her into a new role, rather than make her redundant, was constructively dismissed.

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3. Confidentiality clauses: a confidentiality term was drafted too widely to be enforceable

A contractual confidentiality term which was intended to run indefinitely and covered confidential information about the employer’s “business, products, affairs and finances” as well as trade secrets was too wide to be enforceable.

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4. Right to privacy: will reliance on WhatsApp messages in misconduct proceedings be a breach of the right to privacy?

The police force was entitled to rely on officers’ WhatsApp messages in misconduct proceedings.

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5. Employment tribunals: amendments to tribunal rules to increase hearing capacity

The Government intends to amend the Employment Tribunal Rules of Procedure to increase the capacity of employment tribunals to hear claims and to reduce bureaucracy.

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6. New obligations for employers regarding employee self-isolation came into force on 28 September

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7. The scheme which will supersede the furlough scheme - the Government’s Job Support Scheme

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8. Job Retention Bonus – Treasury Direction and new employer guidance

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