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Legal Updates: Legal Updates 2021

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Managing furlough and redundant staff

What are the pros and cons to keeping key staff given that the furlough scheme keeps being extended at the last minute and an end to COVID-19 is in sight due to the rollout of the vaccines? These are difficult times and there are difficult decisions to be made by employers.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 6 January 2021

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Government to consult on crackdown on unfair employment clauses in a boost for low paid workers

The Government announced that they will consult on reforming the use of exclusivity and non-compete clauses in employment contracts. Among other things, it is predicted that the proposed ‘crackdown’ on such restrictive clauses will ensure that ‘up to 1.8 million low paid workers’ will be able to undertake extra work if they wish and ‘remove unfair barriers’ preventing individuals from becoming involved with competing businesses.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 6 January 2021

Are whistleblowers just troublemakers?

The traditional view of whistleblowing is that it is largely done by troublemakers and causes more work for HR. However, companies who take this view are missing out on a vital channel of communication which can be an early warning system of unresolved issues and problems which are brewing. Whistleblowing can shed light on hidden, sensitive issues and highlight potential areas which might escalate later on.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 5 January 2021

Implications of the new guidance on DSARs

Data subject access requests (DSARs) are often the bane of employers’ lives – compiling the information sought is a time-consuming and arduous process. Unfortunately, DSARs, which give employees the right to access personal data held on them by an employer, has become an increasingly common tool for staff seeking information to strengthen potential employment tribunal claims.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 5 January 2021

Is Long Covid a disability under the Equality Act?

A person has a disability under the Equality Act if they have a ‘physical or mental impairment’ which ‘has a substantial and long-term adverse effect on [their] ability to carry out normal day-to-day activities’.

Article by: Makbool Javaid, Partner - Simons Muirhead & Burton | Published: 4 January 2021