Menzies Law Newsletter 2021 Issue 3

Welcome to our third – and bumper issue of 2021.  You’ll need a large cup of something for this one!  After a long lockdown we hope you’re enjoying the simple pleasure of meeting up with friends and family again – despite still needing thermal underwear some days to do so!

In this issue we update you on:

• The end of May change which gives rights to workers if they leave the workplace due to serious and imminent danger and are subjected to a detriment as a result.
• The Government has confirmed the end of remote right to work checks from 21 June 2021 and introduced new guidance on making late applications to the EU Settlement Scheme.
• A reminder of the changes in employment law which came in at the beginning of April
• News of the new online modern slavery statement registry and updated ACAS guidance on vaccines and testing.

Our case update looks at several employment law cases:

• Two Supreme Court decisions: the determination of whether ‘sleep-in shift time’ is work for the purposes of the National Minimum Wage and the long-running ASDA equal pay case deciding if store workers can compare themselves with depot workers.
• The Court of Appeal has meanwhile confirmed re-engagement is impracticable where an employer holds a genuine and rational belief that the dismissed employee would not be capable of fulfilling the role.

Finally, the EAT has been busy considering if TUPE can apply to split the contract of a transferring worker between multiple transferees and if workers who are denied paid holiday, but take it in any event, must claim for the pay within three months of the unpaid leave.

What we’ve been doing recently…

It continues to be a busy time for all sorts of support to our clients.  Themes have included quite a few questions about getting employees back to work and employees who are working from abroad at the moment.  Read more about these topics:

• Do you have employees working from abroad or asking to do so?
• Business Immigration advice
• Legal Training

Menzies Law Mediation – open for business!

Menzies Law Mediation Services is now open for business, with Anne-Marie at the helm.

 

Here are all of the Government reforms and case updates we cover this month:

• Government reforms (1):  Health and Safety for Workers
• Government reforms (2): Immigration – Right to work checks
• Government reforms (3): Immigration – EU settlement scheme guidance
• Government reforms (4): Modern slavery – statement registry
• Government reforms (5):  April changes – a reminder
• Coronavirus (COVID-19): ACAS guidance on vaccines and testing
• Case update (1): National minimum wage – (not) sleeping on the job
• Case update (2): Equal pay – Comparators
• Case update (3):  TUPE – Service provision change and fragmentation
• Case update (4):  Holiday pay – No carry over for taken unpaid leave
• Case update (5):  Unfair dismissal – remedy of re-engagement

And lastly our ‘nothing to do with employment law bit’

Recent News Stories which made us giggle

Canadian House of Commons gets more than it bargained for

William Amos, an MP who represents a district of Quebec, could be seen completely starkers behind a desk between the flags of Canada and Quebec. His mobile phone was the only item ‘protecting his modesty’ in a video call with the House of Commons.

The MP has expressed regret for his nudity described the incident as “an unfortunate error”.

We should point out that Mr Amos does represent the Liberal Party.

Amazon customers receive cat food instead of PS5

Amazon says it is “really sorry” after customers who had pre-ordered the new PlayStation 5 instead received cat food, grills and foot massagers. Obviously, disgruntled customers have resorted to social media to express their disappointment at the incorrect deliveries. Once the correct items were finally delivered no doubt some parents started to wonder why they hadn’t just kept the cat food.

Croissant not a strange animal

A woman in Krakow, Poland was concerned about a strange animal hanging out in a tree near her house. The animal turned out to be a croissant.  We don’t know what the croissant was doing in the tree or whether it was a particularly authentic one, sorry.