Employment Matters - November 2021 - Independent Health

Published 11 noviembre 2021

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 publish response to consultation on making COVID-19 and flu vaccination mandatory in the health and wider social care sector

On 9 November, the government stated health and social care workers, including volunteers who have face to face contact with service users, in England will now need to be vaccinated against COVID-19 by 1 April 2022, unless exempt. This was published in their response to the consultation on this issue (please see our previous alert as to the content of the consultation). There is already legislation making COVID-19 vaccination mandatory for staff working in the adult social care sector (the Care Regulations), please see our previous alert.

Read more.

2. Kostal UK Ltd v Dunkley: Supreme Court judgment

We have published an article on the Supreme Court’s judgment about bypassing collective consultation and making direct offers to unionised employees – please see our link here

3. Disability discrimination: Dismissal was not discriminatory where the employee told the employer about her disability after she was dismissed

The EAT has upheld a tribunal’s decision that the dismissal of an employee for poor performance was not discriminatory where the employee told the employer about her disability in a grievance raised after the dismissal.

Read more.

4. Menopause: Disability discrimination

The EAT has held that an employment tribunal had not properly considered whether an employee’s menopausal symptoms amounted to a disability.

Read more.

5. Collective redundancy consultation: Special circumstances defence

The EAT has held that an employer could not rely on its compulsory liquidation as a “special circumstance” allowing it to defend a claim of failure to collectively consult about redundancies.

Read more.

6. “Fire and re-hire” bill

The Government has blocked a private member’s bill which aimed to curb the practice of "fire and rehire".

Read more.