Employment Matters - May 2021

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Employment Matters - May 2021

Published 29 abril 2021

As well as reading about the key developments in employment law this month, do read our recent immigration alert (available here).

Case law developments of interest this month include:

1. Covid Related Claims: Taking action against employees who refuse to attend the workplace due to worries about covid infection

An employee who was dismissed for refusing to attend the workplace because he was worried about Covid infection was not automatically unfairly dismissed.

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2. Disability Discrimination: Determining whether an impairment has a substantial adverse effect

In this case, the EAT considered how to approach the question of whether an impairment has a substantial adverse effect on a claimant’s ability to carry out day to day activities.

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3. Sex Discrimination: No discrimination where an employer does not pay enhanced shared parental pay but does pay enhanced adoption pay

The EAT has upheld an employment tribunal’s decision that there is no sex discrimination where an employer pays a man on shared parental leave less than a woman on adoption leave.

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4. Holiday Pay: Workers who have taken unpaid annual leave do not have the right to carry over their entitlement to holiday pay to subsequent years

The EAT has held that a worker does not have the right to carry over annual leave and be paid for it if they have taken the leave but were unpaid. This does not apply if the worker does not take holiday because it is unpaid.

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Authors

Zoë Wigan

Zoë Wigan

London - Walbrook

+44 (0)20 7894 6564

Hilary Larter

Hilary Larter

Leeds

+44 (0)113 251 4710

Ceri Fuller

Ceri Fuller

London - Walbrook

+44 (0)20 7894 6583

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