Be Aware UK

News and views from DLA Piper's Employment team

COVID-19: Fair dismissal of care home worker for refusing vaccine

21 January 2022 / Employment

A Leeds Employment Tribunal has held that a care home assistant disobeyed a lawful management instruction by refusing to be vaccinated against COVID-19 and, in consequence, was fairly dismissed. Facts The employer operated a nursing home providing residential care to dementia sufferers.     In December 2020,  the Government began the roll out of COVID-19 vaccines to …

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COVID-19: Government announces end of work from home guidance and mandatory face coverings

19 January 2022 / , , / Employment

Boris Johnson has announced that England is to return to Plan A next week, marking the end of the current Plan B restrictions. This means that from Thursday 27 January 2022: Wearing of face masks in the current designated indoor settings and on public transport will no longer be a mandatory legal obligation. Instead, wearing …

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SSP self-certification period temporarily extended

17 December 2021 / / Coronavirus, Employment

Employees eligible to receive statutory sick pay are not normally required to provide their employer with medical evidence to support sickness absence for the first 7 days of absence. For longer periods of absence, they must obtain a fit note from their GP. In order to free up GP capacity to focus on the current …

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Government imposes ‘Plan B’ COVID restrictions in England

9 December 2021 / / Coronavirus, COVID-19, Employment

The Government has announced that it is introducing further COVID-19 restrictions for England broadly in line with the ‘Plan B’ announced in the Autumn/Winter Plan on 15 September. Under the new restrictions: From Monday 13 December office workers will be asked to work from home where possible; Face coverings will become mandatory in most indoor …

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COVID-19: Government implements Plan B-lite with new measures which impact on employers

30 November 2021 / , , , , , , , / Coronavirus, COVID-19, Employment

In an unexpected turn of events, the government has announced that it will be bringing in new COVID-19 restrictions for England this week. The news follows significant concerns over the emergence of a new coronavirus variant.  The government has confirmed, however, that it will not yet be moving fully to its COVID-19 Plan B – …

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Supreme Court: employer’s direct pay offer to employees was unlawful inducement when collective bargaining process not completed

2 November 2021 / , , / Employment

Employers who recognise a trade union for collective bargaining purposes should take note of last week’s Supreme Court decision in Kostal UK Ltd v Dunkley which will have to be considered where collective bargaining negotiations over pay awards or other contractual variations reach a stalemate. Background The Supreme Court’s decision is the final instalment in …

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Government outlines its proposals for Plan B mandatory COVID certification

29 September 2021 / Employment

In its COVID Autumn and Winter Plan (see our Be Aware of 15 September 2021), the government committed to providing more detail about its proposals for mandatory COVID certification in England in certain designated settings. This forms part of its Plan B for tackling the pandemic and would only take effect in the event that …

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Information Commissioner’s call for views on employment practices: a survey for employers

28 September 2021 / / Employment, Reform

The Information Commissioner’s Office (ICO) is calling for views on data protection and employment practices to help them shape their upcoming guidance products which will see existing guidance replaced with “a new, more user-friendly online resource with topic-specific areas”. DLA Piper’s employment group will be submitting a response to the ICO’s call for views and …

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Government launches consultation on extension of right to request flexible working

23 September 2021 / Employment

The Government has today published its heavily-trailed consultation Making Flexible Working the Default on new proposals to make the right to request flexible working a day 1 entitlement, as well as its response to consultation on a new right to unpaid carer’s leave. Currently the statutory right to request flexible working only applies to employees …

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The COVID-19 Autumn and Winter Plan: Key points for employers

15 September 2021 / , , , , , , / Coronavirus, COVID-19, Employment

The UK government has outlined its COVID-19 response for autumn and winter for England and stated that the main line of defence to the coronavirus pandemic is now vaccination rather than lockdown.  The government’s response includes both a Plan A – the intended approach which will be taken through autumn and winter – and a …

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CJRS: Less than 1 month until close – Key redundancy considerations for employers

1 September 2021 / , , , , , / Coronavirus, COVID-19, Employment

Over seventeen months since its first launch in March 2020 – and following a number of surprise extensions along the way – the Coronavirus Job Retention Scheme (CJRS) has now entered its final month. It will draw to a close on 30 September 2021.  Over 11.5 million jobs have been supported by the scheme, allowing …

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New rules on self-isolation: What employers need to know

16 August 2021 / , , , / Coronavirus, Employment

Today marks a landmark moment in the self-isolation rules implemented to help manage the coronavirus pandemic in England. Now, close contacts of someone who has tested positive for coronavirus will not have to automatically self-isolate for 10 days, provided they are fully vaccinated* or are aged under 18 years 6 months. This development is hugely …

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Return to workplaces: key considerations for employers – survey results

3 August 2021 / , , / Coronavirus, COVID-19

On 16 July we launched our Return to workplaces survey seeking views on what employers are planning for their workforce as more people return to the workplace. Over 90 organisations responded, revealing an overall picture of a cautious return with a wide range of COVID safety measures remaining in place for some time to come. …

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COVID-19: Government response to ‘pingdemic’ – Key issues for employers

27 July 2021 / Employment

Recent days have seen a flurry of COVID-19 related developments as the government seeks to react to the impact of millions of workers being ‘pinged’ by the COVID-19 App and  informed they should self-isolate for up to 10 full days.  This has led to significant workforce shortages across all sectors placing significant pressures on frontline …

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Health is everyone’s business: Government response to consultation is published

26 July 2021 / , , , / Employment

Just over 2 years ago, the government published a consultation paper seeking views on its proposals to reduce ill-health related job losses. The details are set out in our Be Aware of 15 July 2019.  Now, the government has finally published its response. The response highlights the government’s desire to focus on supporting individuals to …

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