The Department of Health and Social Care (DHSC) has published its response to the government consultation on making COVID-19 vaccination a condition of deployment in the health and wider social care sector. The government has decided that providers of CQC-regulated activities in the health and social care sector must only deploy individuals who have been fully vaccinated against COVID-19 to roles where they have direct, face-to-face contact with patients and service users. Full vaccination means that individuals must have received a full course of COVID-19 vaccination in line with the UK Health Security Agency (UKHSA) guidance. Front-line workers, as well as non-clinical workers not directly involved in patient care, such as receptionists, ward clerks, porters and cleaners, will be caught by the new rules. The requirements will apply whether a – Read More…

Summary The Court of Appeal has upheld an employment tribunal’s decision that a courier, who could release a delivery slot that he had agreed to undertake to another courier, via a smartphone app, worked under a contract for the personal performance of services, satisfying the definition of “worker” under section 230(3)(b) of the Employment Rights Act 1996. The tribunal had found that the ability to release a slot did not amount to an unfettered right of substitution, since the courier would only be released from his obligation if another courier signed up, and he had no control over whether this happened or who, if anyone, signed up. In reality, having signed up for a slot, the courier was obliged to perform personally because there was a real risk of negative – Read More…

Overview The EAT in Stott v Ralli Ltd. (HHJ Auerbach) has held that a tribunal was ultimately correct to strike out an employee’s disability discrimination claim.  However, the Tribunal had fallen into error by failing to make a specific finding about whether the “something” for which the employee was dismissed, being her poor performance, arose in consequence of her disability. At the time of dismissal the respondent lacked knowledge or constructive knowledge of the disability and the claim should have been struck out for this reason. Facts Ms Stott worked as a paralegal at a firm of solicitors. She was dismissed for poor performance during her probationary period. The tribunal found that she had anxiety and depression which amounted to a disability. The employee claimed that she had told the firm’s – Read More…

Overview The EAT (HHJ Tayler) has held that a tribunal erred in holding that an employee suffering from menopausal symptoms was not disabled under the Equality Act 2010, and in dismissing her disability and sex discrimination, harassment and victimisation claims. The tribunal’s judgment failed to properly analyse the claims and consider the evidence presented to it, and it was not Meek-compliant as it did not adequately explain why the claims were dismissed. The claims were remitted to a differently constituted tribunal. This case is an example of the difficulties faced by menopausal women in the workplace and the challenges that can arise in establishing that their symptoms amount to a disability. Despite setting out the employee’s comprehensive list of symptoms and the adverse effects on her day-to-day activities, the tribunal’s – Read More…

On 16 August 2021, the Coronavirus: how to stay safe and help prevent the spread was updated to reflect the changes to the self-isolation rules. The updated guidance provides that individuals informed by NHS Test and Trace that they are a contact of someone who has tested positive will not need to self-isolate where they are: Fully vaccinated. Below the age of 18 and six months. Have taken part in, or are currently taking part in, an approved COVID-19 vaccine trial. Not able to be vaccinated for medical reasons. What if an individual is a close contact but has not been contacted by NHS Test and Trace? It is a legal requirement to self-isolate if you test positive for COVID-19 or if you are identified as a contact and told – Read More…

The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) (Amendment) (No. 3) Regulations 2021 (SI 2021/1073) have been made, and came into force at 11.55 pm on 27 September 2021. The Regulations impose the legal requirement to self-isolate where an individual tests positive for COVID-19 or is an unvaccinated close contact of an individual who has tested positive. The government stated in its recent COVID-19 Autumn and Winter Plan 2021 that self-isolation will remain crucial in breaking chains of transmission. In addition, the Regulations amend the Self-isolation Regulations: To clarify that a household contact will only be exempt from self-isolation due to being fully vaccinated if they are fully vaccinated at the date the household contact first developed symptoms, or, where the contact is asymptomatic, the date the contact took the test – Read More…

For some people, coronavirus (COVID-19) can cause symptoms that last weeks or months after the infection. This is called Long COVID and its symptoms could affect someone’s ability to work or cause them to take sickness absence. The usual rules for sickness absence and sick pay apply when someone is off work because of Long COVID. What the Employer should do The employer should talk with the employee about any support they may need. They could discuss: Conducting an absence meeting getting an occupational health assessment making changes to the workplace or to how the employee works (‘reasonable adjustments’), such as different working hours a phased return to work what they want to tell others at work about their illness If an employee is struggling to do their job on return – Read More…

In Gwynedd Council v Barratt and another [2021] EWCA Civ 1322, the Court of Appeal held that the lack of any appeal or review procedure does not of itself render a redundancy dismissal unfair. However, it is one of the factors to be considered when determining the overall fairness of the dismissal. The claimants were teachers dismissed by reason of redundancy. They had been denied their statutory and contractual right of appeal and brought claims of unfair dismissal, which were upheld by an employment tribunal. The employer appealed against that decision on various grounds, including that the tribunal had erred by holding that there is a requirement of “truly exceptional circumstances” to refuse an employee the right of appeal. The Court of Appeal dismissed the employer’s appeal, finding that the – Read More…

Overview An individual risk assessment is the key for all pregnant employees. The general Gov guidance Coronavirus (COVID-19): advice for pregnant employees has not been updated since 20 July. The DfE guidance Schools coronavirus (COVID-19) operational guidance was updated on 17 August 2021 and removed any reference to pregnant employees.  Instead, schools are referred to the HSE guidance on protecting ‘vulnerable workers’. Employers will need to put in place appropriate control measures as part of an individual risk assessment. The Royal College of Obstetricians and Gynaecologists guidance was last updated on 19 July and recommends that all pregnant women should be vaccinated – ‘Receiving two doses of the vaccine is the safest and most effective way of protecting you and your baby from COVID-19 infection.’ The RCOG guidance goes on – Read More…

Overview On 6 July 2021 the DfE published new guidance Schools COVID-19 operational guidance which applies from Step 4, 19th July 2021. Risk assessment remains key – ‘You must comply with health and safety law and put in place proportionate control measures. You must regularly review and update your risk assessments – treating them as ‘living documents’, as the circumstances in your school and the public health advice changes.’ Bubbles are no longer necessary or recommended and this includes summer school, although ‘If your school is still open at Step 4, you may wish to continue with these measures until the end of your summer term.’ Face coverings no longer required in classrooms or communal areas, unless there is an outbreak. Tracing close contacts and isolation Settings no longer required – Read More…