Employment law newsletter now available - July 2022

Welcome to July's newsletter

In the July edition of our newsletter, our editor Joseph England highlights the first instance case of Burke v Turning Point Scotland in which long-Covid is identified as a disability; analyses Tribunal Statistics for the quarter January to March 2022 and provides an update on those health professionals now able to provide sick notes. 

Case law analysis is provided by our members and pupil:

- Daniel Brown reviews Mr A Rehman v DHL Services Ltd [2022] EAT 90, with a reminder of the importance of making sure that technical terms are explained. 
- Alex Leonhardt reviews Department for Work and Pensions v Mrs Susan Boyers [2022] EAT 76, in which the EAT gives guidance about justification of dismissals in S.15 claims involving long-term absence 

- Finally, Joanna Laxton considers the case of Rentplus UK Ltd v Coulson [2022] EAT 81 in which the EAT asserted that an employer cannot avoid the requirements of the ACAS Code of Practice by disguising a dismissal as redundancy.

‘Long Covid’ upheld as a disability by Employment Tribunal

Joseph England summarises the first instance case of Burke v Turning Point Scotland ET Case no. 4112457/2021, in which the ET analysed the Claimant’s reliance on ‘long-Covid’ and found that it did amount to a disability and therefore a discrimination claim could proceed.

Single claim receipts have returned to levels seen prior to the COVID-19 pandemic

The Tribunal Statistics for the quarter January to March 2022 were published on 9 June 2022. While they reveal new claims issued to be at the same level as pre-pandemic, the numbers of single claims issued are down compared to last year, with the number of multiple claims also decreasing.

Healthcare Professionals in addition to GPs able to provide fit notes

In a change of law taking effect in July, nurses, occupational therapists, pharmacists (working in hospitals and GP practices) and physiotherapists will be able to provide fit notes, in addition to GPs.

ET’s credibility findings unsafe due to misunderstanding of medical jargon

Daniel Brown analyses Mr A Rehman v DHL Services Ltd [2022] EAT 90, a case which highlights the importance of making sure that technical terms are explained.

Objective justification of dismissals in s.15 claims, long-term absence, and the relevance of alternative role trials

Alex Leonhardt reviews Department for Work and Pensions v Mrs Susan Boyers [2022] EAT 76, in which the EAT gives useful advice on the above matters (for the second time in the same case).

Sham Redundancy justifies the maximum 25% ACAS uplift  

An employer cannot avoid the requirements of the ACAS Code of Practice (and the award of an uplift to compensation) by disguising a dismissal as redundancy, says the EAT: Joanna Laxton reviews Rentplus UK Ltd v
Coulson [2022] EAT 81. 

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.