Employment Matters - June 2023

Published 8 junio 2023

Employers who would like to know more about the Government's plans for post Brexit reform of employment law (changes to the Working Time Regulations, TUPE and non-compete clauses) will find this webcast interesting.

The Government have been busy this month as three Private Members Bill's have received Royal Assent. This month's alert also covers a case about an employee's refusal to attend work because of his fears about COVID-19, an important case on vicarious liability, and two discrimination cases.

1. Health and safety claims: Employee with kidney disease who refused to work because of COVID-19 did not suffer health and safety detriment or dismissal

The EAT has upheld an employment tribunal's decision that an employee with chronic kidney disease who refused to return to work due to COVID-19 did not hold a reasonable belief that he was in serious and imminent danger and had not therefore suffered health and safety detriment or dismissal.

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2. Vicarious liability: Important Supreme Court judgment confirming the boundaries of employer's vicarious liability

A Supreme Court judgment has confirmed the test to be used in assessing whether employers have vicarious liability for the wrongdoing of employees.

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3. Discrimination: Tribunals must establish who the decision makers are in determining claims

The EAT has held that a tribunal failed to consider whether a business owner was the sole decision maker in the decision to dismiss a pregnant employee.

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4. Disability discrimination: Tribunal erred by focusing on impact of termination in assessing how long an impairment was likely to last

The EAT has held that an employment tribunal wrongly focussed on the likely impact of termination of employment on the individual's anxiety when assessing whether the effect of the anxiety was likely to last for 12 months.

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5. Progress of Private Members' Bills: On 24 May 2023 three bills received Royal Assent

We have updated our table showing the progress of Private Members'  Bills through Parliament. The Bills in bold now have Royal Assent and Regulations will be made bringing them into force in due course.