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Legal Updates: Legal Updates 2020

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Treasury publishes fact sheet about the Job Support Scheme

HM Treasury has published a fact sheet providing further details about the Job Support Scheme recently announced by the Chancellor. The fact sheet should be read in full, but a summary of the key points is as follows:

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 6 October 2020

ET finds that Stoicism is a protected philosophical belief under S.10 EA 2010

In Jackson v Great Britain Ltd an ET had to decide whether Stoicism qualifies as a protected philosophical belief under S.10 of the Equality Act 2010 in accordance with the principles set out by the EAT in Grainger plc and ors v Nicholson.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 5 October 2020

Government announces criminal record reform to support ex-offenders into work

Under new proposals announced by the Ministry of Justice, the time it takes for certain convictions to become ‘spent’ will be reduced so that they are no longer automatically disclosed on employment checks, but only after a period of rehabilitation has been successfully completed, allowing offenders who have turned their backs on crime a fair chance of employment again.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 30 September 2020

ET decides that gender-fluid and non-binary workers are protected under the Equality Act

S.7 of the Equality Act 2010 defines a person as having the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 28 September 2020

Guidance for employers on testing staff for Coronavirus (COVID-19)

The Department of Health & Social Care have published guidance for employers and third-party healthcare providers on Coronavirus (COVID-19) testing. The guidance points out that it is a voluntary decision for employers to run testing programmes for their staff and if done correctly, testing can provide confidence to employees and customers in the workplace and may help to protect business continuity.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 22 September 2020

dismissal dismissal

Evidence demonstrated paranoia not long term or likely to recur

In Sullivan v Bury Street Capital Limited, from about July 2013, following a split with a Ukrainian girlfriend, S suffered paranoid delusions that he was being followed and stalked by a Russian gang. These delusions affected his timekeeping, attendance and record-keeping.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 21 September 2020

Up to £3.5bn furlough claims fraudulent or paid in error

The BBC report that HM Revenue and Customs has told MPs on the Public Accounts Committee it estimates up to £3.5bn in Coronavirus Job Retention Scheme payments may have been claimed fraudulently or paid out in error.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 17 September 2020

Seriously offensive tweet undermined trust in individual and the profession

Diggins v Bar Standards Board highlights the issues employers are currently facing when employees use their personal social media accounts to degrade others. A young black female Cambridge University student posted on Twitter that:

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 16 September 2020