Employment and discrimination newsletter out now - May 2021

Welcome to May's newsletter

This month’s employment law newsletter features case law updates from Sarah Clarke, Naomi Webber, Andrew MacPhail and Grace Boorer covering: the correct test to apply in re-engagement orders; the workers status of foster carers under article 11 ECHR; what to do when faced with unclear and confused pleadings from a litigant in person and the ‘long-term’ adverse effect on disability status.

We share a link to our new resource page for employment lawyers and practical tips from Gareth Graham and Matthew Curtis for clients undergoing organisational changes due to reduced activity - available in webinar and podcast form.

New resource for employment lawyers now available 

We bring you a new resource designed to offer in one place a host of useful news, case analyses, videos and podcasts.

Do visit the employment law resource centre here and look out for regular updates.

Adapting to post pandemic trading conditions - webinar and podcast

Gareth Graham and Matthew Curtis examine the options in this employment law webinar first broadcast on 21 April and look at the potential pitfalls for businesses looking to make redundancies or organisational changes due to pressures caused by reduced activity. Read Matthew and Gareth's notes.

Flexibility over "right-to-work" checks to end from 17 May 

The Home Office has announced that from 17 May, the temporary flexibility on Covid-19 right-to-work checks will end and employers must either review the applicant’s original work documents by conducting a manual check or access the applicant’s right to work online.

Employers will not need to carry out retrospective checks for those workers whose status was ascertained between 30 March 2020 and 16 May 2021.

When trust and confidence have broken down: CoA on the correct test to apply in re-engagement orders

Sarah Clarke analyses the decision in Kelly v PGA European Tour [2021] EWCA Civ 559, in which the Court of Appeal confirms that when considering the issue of re-engagement where the employer argues there has been a breakdown in trust and confidence, the correct approach is to evaluate the employer’s reasons for concluding this, and to consider whether such a view was genuine and founded on a rational basis.

Foster carers: worker status under Art 11 ECHR

Naomi Webber examines the Court of Appeal's decision in National Union of Professional Foster Carers v The Certification Officer [2021] EWCA Civ 548, the latest in a number of decisions to look at the unique position of foster carers, this time considering the ability to form trade unions, under Article 11 European Convention on Human Rights and Fundamental Freedoms (‘ECHR’) (the right to freedom of association).

What to do when faced with unclear and confusing pleadings from a litigant in person?

In this article, Andrew MacPhail analyses Cox V Adecco & Others UKEAT/0339/19 and the steps respondents should take to limit the possible risks presented to them by such claims.

Disability status and the assessment of the ‘long-term’ adverse effect

Grace Boorer reviews All Answers Ltd v Mr W and Ms R [2021] EWCA Civ 606, a discrimination case in which the Court of Appeal reasserts the importance of considering all the elements of the disability status test under s6 and schedule 1 of the Equality Act 2010, and that it is crucial to consider the question of whether an impairment had lasted or was likely to last at least 12 months at the date of the discriminatory acts.

Meet the team

3PB’s employment law group offers expert advisory and advocacy services to private and public sector employers across all areas of employment law including unfair dismissal, discrimination, equal pay, industrial disputes, executive contracts, wrongful dismissals, restrictive covenants, whistleblowing, TUPE, injunctions, pensions disputes and disciplinary proceedings.