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…

Overview The guidance has been updated but there is no substantive change, just a change of emphasis. Pregnant women with no underlying health conditions remain in the clinically vulnerable category. Pregnant women with significant heart disease are CEV. Greater risk for pregnant women from 28 weeks’ gestation, or with underlying health conditions at any point of gestation. Therefore, work from home is social distancing cannot be maintained. COVID-19 vaccination: a guide for all women of childbearing age, pregnant or breastfeeding published on 14 June 2021. GOV Guidance Coronavirus (COVID-19): advice for pregnant employees (updated on 21 June 2021) states as follows:- Less than 28 weeks with no underlying health conditions You must first have a workplace risk assessment with your employer and occupational health team. Then, you should only continue – Read More…

Summary The Employment Appeal Tribunal has held that a tribunal hearing an indirect sex discrimination claim erred by failing to take judicial notice of what it referred to as the “childcare disparity”, namely that women, because of their childcare responsibilities, were less likely to be able to accommodate certain working patterns than men. Facts Mrs Dobson (the Claimant) was employed by the North Cumbria Integrated Care NHS Foundation Trust (the Trust) as a Band 5 community nurse within the Cockermouth Community Nursing Team. She worked fixed days per week. Following a review in 2016, the Trust sought to introduce more flexible working. In particular, it introduced a requirement that community nurses work flexibly, including working at weekends. The Claimant was unable to comply because of her caring responsibilities for her – Read More…

Summary Public Health England (PHE) releases weekly updates on the number of confirmed new cases of variants of concern and variants under investigation identified in the UK. Numbers of the Delta (VOC-21APR-02) variant in the UK have risen by 33,630 since last week to a total of 75,953. The most recent data show 99% of sequenced and genotyped cases across the country are the Delta variant. Data show an increased risk of hospitalisation with Delta compared to Alpha, although PHE’s analysis shows that 2 doses of vaccine gives a high degree of protection against hospitalisation, estimated to be more than 90%. According to PHE’s latest variant technical briefing, as of 14 June, a total of 806 people have been hospitalised with the Delta variant, an increase of 423 since last week. Of these, 527 – Read More…