What do we already know? We updated you in our July 2021 Newsletter Government reforms (2): Coronavirus (Covid-19): Mandatory vaccinations for care home staff that the Government announced that from October 2021 anyone working in a registered care home providing nursing or personal care would need to be fully COVID-19 vaccinated with both doses by 11 November…
Continue reading

Summary:  Can a tribunal extend time in a discrimination claim where the employees have waited to issue proceedings while pursuing grievances? Yes, held the EAT in Wells Cathedral v Souter (available here) but not always. Background: A discrimination claim must normally be submitted to a tribunal before the end of ‘the period of three months…
Continue reading

What do we already know? We have previously discussed legal issues surrounding the menopause and the workplace (see here).  In Anne-Marie Boyle’s blog Menopause – the last workplace taboo? Part 2 she highlighted disability discrimination as a particular risk and that staff with strong menopausal symptoms could well qualify as being disabled.  At this time…
Continue reading

The guidance encourages consultation with recognised trade union or employee representatives, which should cover (among other things): What do we already know? We updated you in our July 2021 Newsletter Government reforms (2): Coronavirus (Covid-19): Mandatory vaccinations for care home staff that the Government announced that from October 2021 anyone working in a registered care home providing…
Continue reading

Summary:   Is an act of dismissal discriminatory when the employer only knows of the disability post-dismissal? No, says the EAT in Stott v Ralli Ltd available here. Background:  Employees can bring a claim under s15 Equality Act 2010 that they have been subjected to unfavourable treatment because of something arising from a disability. However, for…
Continue reading

What do we already know? We updated you in our July 2021 Newsletter Government reforms (2): Coronavirus (Covid-19): Mandatory vaccinations for care home staff that the Government announced that from October 2021 anyone working in a registered care home providing nursing or personal care would need to be fully COVID-19 vaccinated with both doses. What’s…
Continue reading

What do we already know? We updated you in our July 2019 Newsletter Government reforms (1): Tackling Gender Inequality & Workplace Sexual Harassment Consultation that the Government Equalities Office (GEO) was consulting on sexual harassment in the workplace to see how the existing protections for workers could be strengthened. The consultation closed on 2 October…
Continue reading

Summary:  Do Tribunals still need to take into account (without further evidence) that women generally have greater childcare responsibilities than men? Particularly when deciding whether required working patterns are indirectly discriminatory against women. Yes says the EAT in Dobson v North Cumbria Integrated Care NHS Foundation Trust (available here). Background: Indirect discrimination occurs where the:…
Continue reading

What do we already know? We updated you in our Issue 2 Newsletter Coronavirus (COVID-19): Vaccinations – Can employers insist? on the issues involved in introducing a mandatory vaccination policy.  We advised that in certain circumstances it would be more reasonable to make the vaccine mandatory.  In particular, an employer’s Covid-19 risk assessment may find…
Continue reading

Summary:  Can a Tribunal consider events after the date of the discriminatory act when deciding whether an employee’s condition is ‘long-term’ for the purposes of disability status? No, held the Court of Appeal in All Answers Ltd v W and Another, available here. Background:  There are in essence four aspects to the test of whether…
Continue reading