Archives: Employment

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ET – evidence from abroad

July/August 2022 | Employment

The presidents of the employment tribunals in England and Wales and in Scotland have issued presidential guidance on witnesses giving oral evidence from abroad following the decision in Agbabiaka [2021]. In this case, the Upper Tribunal (Immigration and Asylum Chamber) held that when a witness is to give evidence from abroad, the country where the …

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Training – harassment

July/August 2022 | Employment

The EAT has heard an interesting case involving harassment, which occurs when someone subjects another person to unwanted conduct relating to a protected characteristic that has the purpose or effect of violating their dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. In deciding whether the conduct has that effect, a tribunal must …

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Unfair dismissal – disability discrimination

July/August 2022 | Employment

Most employers understand that they have a duty to make reasonable adjustments for those employees who are disabled within the meaning of the Equality Act 2010. However, what is reasonable is often difficult territory to navigate. In a recent case, the EAT considered whether an extension of time to appeal against a dismissal was a …

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ET – case transcripts

July/August 2022 | Employment

The Employment Tribunal Rules of Procedure 2013 make no provision for the recording of hearings nor give any right to apply for a transcript of a hearing, unlike the Civil Procedure Rules. This, together with the fact that most venues do not have the facility to record, has meant that ET hearings are not routinely …

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Covid – reduction in the workplace

July/August 2022 | Employment

On 1 April 2022 the government issued guidance on principles for workplace management to reduce the spread of respiratory infections (which replaces ‘Working safely during coronavirus (Covid-19)’). The guidance is aimed at employers, workforce managers (both paid staff and volunteers) and people who manage a workplace or organisation. The information is intended to help people …

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PPE – at work

June 2022 | Employment

On 6 April 2022 the Personal Protective Equipment at Work (Amendment) Regulations 2022 (PPER 2022) came into force. They amend the 1992 Regulations (PPER 1992). They extend employers’ and employees’ duties regarding personal protective equipment (PPE) to limb (b) workers. Under PPER 2022, the types of duties and responsibilities on employers and employees under PPER …

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Public holiday – further issues

June 2022 | Employment

In our May 2022 edition (p14) we looked at a timely article dealing with how employers should manage public holidays – this of course has been brought into sharp focus due to the Queen’s Platinum Jubilee. We will now look at further issues employers must manage when dealing with public holidays. What public holidays are …

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Criminal offence – dismissal

June 2022 | Employment

A very interesting article discusses how to deal with employees who break the law, which has come into focus due to the ‘Partygate’ saga. The broad nature of what the employer needs to consider when dealing with a (potential) criminal offence is encapsulated in the Acas Code of Practice on disciplinary and grievance procedures at …

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