DAC Beachcroft's Employment Matters focuses on some of the most interesting cases and events occurring within the Employment Law sector.Case law developments this month include:
1. Government launch consultation on making COVID-19 and flu vaccination mandatory in the health and wider social care sector.
On 9 September, the Government opened a six week public consultation on making vaccination a condition of deployment in the health and wider social care sector.
2. Entitlement to insured income protection: Importance of contractual wording.
The EAT has upheld a tribunal decision requiring an employer to make payments directly to an employee in respect of annual increases to his long-term sickness income protection, despite the fact the insurer had ceased to cover such increases years earlier.
3. Disability discrimination: Indefinite pay protection not a reasonable adjustment.
The EAT has upheld a tribunal decision that indefinite pay protection for a disabled employee who moved roles would not have been a reasonable adjustment.
4. Disability discrimination: Reasonable adjustments prevented application of absence management policy being discriminatory.
The EAT has held that an employer who had redeployed a disabled employee with protected pay and supported her unsuccessful attempts to find alternative roles had not failed in its duty to make reasonable adjustments.
5. Disability discrimination: Employer had no knowledge of disability.
The EAT has upheld a decision that an employee was not disabled or, if he was, that his employer had no knowledge of any disability.
6. Unfair dismissal: Right of appeal in redundancy dismissals.
The Court of Appeal has confirmed that the absence of an appeal does not of itself make a redundancy dismissal unfair, but that it is one of the many factors to be considered in determining fairness.
