Every Monday, HR-inform is publishing an article briefly outlining some of the biggest developments of the last week that organisations should be aware of.
Job Retention Scheme (JRS) due to end soon
The JRS and all its associated rules is due to end on 30th September, although there has been a reduction in the overall number of collective redundancies. It’s expected there will be an increase in unfair dismissal claims as furlough comes to an end.
Automatic unfair dismissal
A recent EAT case (Simoes v De Sese UK Ltd) found that a dismissal was automatically unfair after a worker refused to cover holidays for another employee because doing so would mean working for 14 consecutive days, so breached Working Time Regulations.
A full case report will be released next week.
Judicial review into mandatory vaccinations in care homes
There has been progress on the judicial review into mandatory vaccinations in care homes. The key challenges which are being argued are that the new laws go against existing ones; interfere with the right to bodily autonomy; indirectly discriminate on the grounds of race and sex; are irrational since they do not reduce transmission rates; breach the duty of sufficient inquiry since they didn’t consider the impact it would have on care homes, as well as the efficacy of alternatives (e.g. regular testing, PPE etc.); and breaches the duty to consult.
Read more here.
Scotland’s four-day week
The Scottish Government has announced its proposal to move to a 4-day working week but there is no set date for when this will start. Some businesses have signed up to the recent trial, including construction and packaging companies.
Read more here.
Extension of mandatory Covid vaccinations
Extending mandatory Covid, and potentially flu, vaccinations to NHS staff is moving along; reports in the press say that the Health Secretary is going to do it. The majority of NHS workers have already been vaccinated so there is significant push back about making this a requirement.