Employment Matters - September 2021 - Independent Health

Published 10 septiembre 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 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.  

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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.

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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.

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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.

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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.

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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.

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