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Interim relief granted for dismissal related to Covid 19 business downturn

Morales v Premier Fruits (Covent Garden) Ltd is one of the first reported cases to be heard by an ET relating to coronavirus issues. In specified categories of automatically unfair dismissal claims, including trade union membership/activity and whistleblowing, an ET can grant an employee interim relief, i.e. an order requiring the employer to continue to employ the employee until the case is heard.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 14 September 2020

CIPD responds to Government campaign for workplace return

he CIPD have responded to the Government’s campaign for individuals to return to their workplace stating that this should not leave them feeling pressured or duty-bound to do so. As the CiPD have been consistently advising, any employer contemplating such a return should only do so by using the following three considerations:

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 10 September 2020

New entitlement to SSP if person notified they are to undergo a surgical/hospital procedure

The Statutory Sick Pay (General) (Coronavirus Amendment) (No. 6) Regulations 2020 have come into force providing that anyone who is advised that they should self-isolate prior to a planned or elective surgical or other hospital procedure can be deemed to be incapable of work, and therefore potentially be eligible for SSP, for up to 14 days.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 9 September 2020

Employer had insufficient evidence to form reasonable belief misconduct committed

The EAT’s decision in K v L is a stark reminder of the need f0r an employer to have sufficient evidence to be able to form a reasonable belief that an employee has committed an act of misconduct. A schoolteacher, K, was charged with possession of indecent images of children but a decision was made not to prosecute.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 7 September 2020

disabilities

New help on offer for disabled people working from home during the pandemic

As Covid-19 is changing the way people work and impacting working environments and arrangements the Access to Work scheme has been extended to those disabled people working from home or in the workplace so they can benefit from extra help.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 4 September 2020

Employers need to be proactive in addressing drug and alcohol misuse intensified by the pandemic

The CIPD report 'Managing drug and alcohol misuse at work', stresses the need for employers to take a preventative and proactive approach to drug and alcohol misuse. This comes at a time when the research found that the coronavirus pandemic and the current period of economic uncertainty could make people feel more anxious or vulnerable e.g. 27% of employees said their alcohol consumption has increased as a result of the coronavirus pandemic and related restrictions.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 3 September 2020

lifetime

HMRC start to send out Coronavirus Job Retention Scheme Compliance letters

The Association of Taxation Technicians report that the first wave of compliance letters regarding the Coronavirus Job Retention Scheme (CJRS) were issued last week as HMRC moves into the post transaction review phase of the scheme. HMRC will be asking questions where they have concerns over the validity of claims.

Article by: 2 September 2020

DWP publish redundancy guidance for employers and employees

The Department for Work and Pensions have published information and guidance for both employers who will have to make redundancies and employees who are being made redundant. The guidance for employers includes information about the free Rapid Response Service, a redundancy service designed to give both employers and employees support and advice.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton 1 September 2020