Employment Matters - January 2021

Published 15 January 2021

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

1. Health and Safety: Landmark case gives protection to workers from suffering detriment on health and safety grounds

The High Court has held that protection from suffering detriment on health and safety grounds applies to workers, not just to employees and that, when circumstances require the provision of PPE, it should be provided to workers.

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2. Employment Tribunals: Recent changes to early conciliation and current guidance on tribunal hearings

On 1 December 2020, the rules in relation to early conciliation were changed. Guidance has been issued by the Presidents of the Employment Tribunals in England, Wales and Scotland on hearings in light of the current lockdown.

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3. Furlough Developments:

a. Gender Pay Gap Reporting: Government Equality Office sets out approach to furloughed employees

Furloughed employees should be treated as being “on leave” for gender pay gap reporting purposes unless their pay is topped up.

b. Extension of Furlough Scheme

The Government has announced that the Coronavirus Job Retention Scheme will be extended until the end of April 2021 - please see our alert here

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4. Future Changes: What to expect in 2021

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5. Government Consultations

a. Restrictive Covenants: Banning or restricting the use of non-compete clauses in employment contracts

The Government has opened a consultation on measures to reform non-compete clauses in employment contracts.

b. Exclusivity Clauses: Consultation on extending the ban on exclusivity clauses in contracts of employment

The Government is consulting about whether exclusivity clauses should be banned where the worker’s guaranteed weekly income is less than the Lower Earnings Limit.

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