Welcome to our March newsletter

In this edition, we look at the imminent changes which should be top of the agenda for HR teams and employers.  Coming into force in April, this includes new National Minimum Wage rates and HMRC guidance on the extension off off-payroll working to the private sector.  We also take a look at new pension legislation which will be introduced later this year.

Employers continue to rise to the challenge of managing the impact of the pandemic on employees and the workplace.  We shine a light on the extension of workplace testing and updated guidance from Acas on vaccinations.  Read more about one of the first employment tribunal decisions to emerge around Covid measures – an HGV driver was considered fairly dismissed by his employer after he had refused to wear a mask.

We report on the cases you need to know about, including a TUPE case with significant implications for organisations involved in outsourcing, two connected cases on the issue of religious discrimination, and a case about covert recording, which shows the devil is in the detail.

We welcome your feedback and questions, so please do get in touch.

What’s New March 2021

This month we look at increases to the National Minimum Wage and tribunal awards, off payroll working, and a new Home Office register for Modern Slavery Statements.

Budget Summary

The Budget has been announced and the focus is on the impact of COVID-19.

Read more >

Dismissal for refusing to wear a mask was fair

A heavy goods vehicle driver was fairly dismissed by his employer after he had refused to wear a mask, as a precaution against the spread of coronavirus, whilst at a customer’s site.

Read more >

Eligibility for workplace COVID-19 testing and guidance updated

The Government  extends rapid workplace Covid-19 testing to smaller businesses.

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Underhand surveillance or protecting the business?

In the case of Northbay Pelagic Limited v Anderson, the Employment Appeal Tribunal had to decide whether the dismissal of an Employee for installing a camera in his office while suspended was within the “band of reasonable responses”.

Read more >

 

Pensions Update

The Government will be introducing new legislation later this year – we take a look at the Pensions Schemes Act 2021.

TUPE Transfer – to more than one employer

In the recent case of McTear Contracts Ltd v Bennett, the EAT has confirmed that where a service previously carried out by one provider is divided into two parts and awarded on re-tender to two new providers, employees may transfer to both of the new providers.

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Religious Discrimination

In the cases of Page v NHS Trust Development Authority and Page v Lord Chancellor the Court of Appeal has rejected two appeals brought by the same individual who was removed from his posts as a lay magistrate and a non-executive director after he had spoken out publicly against same-sex adoption and homosexuality.

Read more >

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