Employment Matters - April 2022

Employment Matters - April 2022 - C's Tags

Tags related to this article

Employment Matters - April 2022

Published 7 abril 2022

In this month’s alert we pick up on the latest guidance for employers on reducing the spread of COVID-19 and other respiratory illnesses.

Away from COVID-19 developments, we have seen several cases concerning privacy and confidentiality of documents, as well as a helpful Court of Appeal case for employers regarding detriment which falls short of dismissal for taking industrial action.

One other development to make readers aware of is that the Government has confirmed that mandatory pay gap reporting will not be introduced.  Instead, guidance on voluntary ethnicity pay gap reporting will be published this summer with the aim of helping employers address some of the challenges around how to cut the data for ethnic groups to enable meaningful pay gap reporting. View the policy paper, “Inclusive Britain”, here.

1. COVID-19: Updated Government guidance: Reducing the spread of respiratory infections, including COVID-19, in the workplace

Read more

2. Privacy and confidentiality: Expectation of privacy in respect of criminal investigations

The Supreme Court has confirmed that an individual who is the subject of a criminal investigation will usually have a reasonable expectation of privacy in respect of the investigation until he or she is charged.

Read more

3. Industrial action: Protection from suffering a detriment for participating in industrial action

Overturning an EAT judgment, the Court of Appeal has held that UK legislation cannot be read as giving protection to employees against suffering detriment which falls short of dismissal for taking industrial action.

Read more

4. Privacy and confidentiality: No privacy in personal emails sent on business email accounts

The Court of Appeal has dismissed an appeal in unsuccessful proceedings for misuse of private information and breach of confidence where an employee had sent personal emails from a business email account.

Read more

5. The press and employment tribunal proceedings: Client names and commercially sensitive information in tribunal documents may have to be open to scrutiny so that the principle of open justice is served. 

The EAT has held that an employment tribunal did not properly consider the principle of open justice in ordering the anonymization of client names and redaction of commercially sensitive information.

Read more

6. The press and employment tribunal proceedings: Employer ordered to provide tribunal documents to a journalist months after the hearing

The EAT has ordered an employer to provide copies of skeleton arguments, witness statements and other tribunal documents to the Guardian newspaper months after the hearing had ended.

Read more

7. Victimisation: “Detriment” should be given a wide meaning

The EAT has held that a tribunal should have interpreted the meaning of “detriment” widely when considering if a claimant has suffered victimisation.

Read more

Authors

Hilary Larter

Hilary Larter

Leeds

+44 (0)113 251 4710

Zoë Wigan

Zoë Wigan

London - Walbrook

+44 (0)20 7894 6564

Ceri Fuller

Ceri Fuller

London - Walbrook

+44 (0)20 7894 6583

< Back to articles