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Employment legal update #49 | September 2021

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Employment law update

Our Employment & HR team brings its monthly review of new legislation, guidance and case law.

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Call from British Retail Consortium for better protection of retail workers

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According to a recent survey by the British Retail Consortium (BRC), there has been a 7% rise in incidents of violence and abuse against shop workers compared to the previous year.

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DWP missing payment of IR35

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Contributing authors: Alex Kuklenko

Contractor

The Department for Work and Pensions (DWP) is facing an £87.9 million tax bill for incorrect determination of the IR35 status of its contractors. This is despite the fact that the DWP used the HMRC’s Check Employment Status for Tax (CEST) system to check the status..

The bill concerns missing tax and national insurance contributions owed to HMRC from between 2017 and 2021.

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Employee unfairly dismissed – furlough not considered as an alternative to redundancy

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Contributing authors: Charlotte Kilcar

Redundancy

Prior to March 2020 the term ‘furlough’ was little understood. Over the last 18 months it has become a well known device used to save thousands of employees from losing their jobs.

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Employers to be made liable in the event they fail to protect their staff from sexual harassment

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Contributing authors: Rachel Levine

Sexual harassment at work

Protection from sexual harassment has been included in the UK’s equalities law for several decades, yet unfortunately harassment in the workplace remains a significant issue. We welcome the government’s recent announcement, via its recently published consultation, that it is looking to widen and increase the protection afforded to people in the workplace against sexual harassment.

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Roadmap strategy required for the employment tribunal system…and soon

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Contributing authors: Charlotte Kilcar

Another casualty of the pandemic is the employment tribunal system, according to the Employment Lawyers Association (ELA).

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Relaxation of workplace Covid rules to create new stress points for employers

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Employers will from today, Monday 19 July, no longer have to comply with Covid restrictions set by the Government. However, the removal of restrictions does not mean an easy situation for employers.

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Employment legal update #48 | July 2021

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Employment law update

Our Employment & HR team brings its monthly review of new legislation, guidance and case law.

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Upcoming changes to Covid-19 restrictions for businesses

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Contributing authors: Alex Kuklenko

Last week, the FT reported that the government would shortly be announcing updated guidance for businesses with regards Covid-19 restrictions in the workplace.

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What is “childcare disparity” and why is it important that HR managers understand its implications in the workplace?

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The fact that women generally bear a greater burden of childcare responsibilities than men which can limit their ability to work certain hours (“childcare disparity”) is something that employers must take into account when making decisions.

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How to manage employees at risk of burnout

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It is a fact that we are now living in an age of increased connectivity as a result of technological advances. Between the multiple Covid-19 lockdowns and the inability to travel abroad for holidays, many employers are concerned about the knock-on effect on the mental and physical health of their employees and consequently the negative impact on business performance and productivity.

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Limited exemptions for mandatory Covid vaccination

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Draft Regulations have been published requiring care home staff to be vaccinated. The Regulations will need to be approved by Parliament before becoming law, which is expected to happen in July, followed by a 16 week grace period for staff to be vaccinated after the law comes into effect.

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