Weekly Review of Developments 18/9/2020

Book your place as this year's Annual Review of Employment Law on the 4th and 5th of November before the Early Bird offer finishes at 5pm TODAY!  

This week's top stories:

• In addition to our Annual Review of Employment Law we are also offering you the chance to attend a Future of Work Summitt on the 14th October which is is designed to help business leaders and those in HR understand the full impact of Covid-19 on the world of work.
  
  
• In Case Reviews this week, Jason Elliott BL discusses an interesting constructive dismissal case which centred around travel time for a hearing engineer and in the second case Jason summarises a recent High Court decision around the processing of personal data, namely an arrest for an alleged sexual offence.

• Legal Island is delighted to announce the 4 latest recipients of the Northern Ireland Diversity & Inclusion Charter Mark - huge congratulations to Belfast Health & Social Care Trust, MCS Group, Northern Regional College, The Prince’s Trust.

• In Coronavirus Employment-related updates this week it has been reported, perhaps unsurprisingly that more than half of employees want to work from home for most of the week. As Sir Kier Starmer calls for a replacement for the job retention scheme Unite the Union warns that the redundancy floodgates will open if there is no targeted support for employees.
  
  
• In HR Developments the CIPD discusses how lockdown might improve flexibility for working fathers and a survey reports that 28% of UK workers cancelled annual leave in 2020.  An article by the CIPD outlines how to deal with this mounting annual leave.
  
  
• In the media a tribunal has awarded an average of £10,000 each in back pay for homecare workers for failure to pay the minimum wage and more than 600 Debenhams workers who have lost their jobs since the High Street giant announced it was in difficulties earlier this year are to take legal action against the firm.
  
  
• In GB developments the President of the Employment Tribunals has issued practice directions for remote hearings and the Employment (Dismissal and Re-employment) Bill 2019-21 starts it’s legislative journey.

And here's this week's contents list in full...

CONTENTS

1. Your Update on an Extraordinary Year for HR Professionals
2. Furture of Work Summit
3. Latest NI Diversity & Inclusion Charter Mark Recipients Announced
4. Case Law Reviews
5. Coronavirus Employment-related Updates
6. Extension Of The Appointment Of The Commissioner For Public Appointments For Northern Ireland
7. Equality Update
8. Legislative Update
9. Just in Case You Missed It...
10. HR Developments
11. Employment News in the Media
12. GB Developments
13. South of the Border
14. Free Webinars This Month
15. Weekend Weather and Thought-Provoking Video

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1. Your Update on an Extraordinary Year for HR Professionals (Early Bird Offer Ends 5pm TODAY)

The Covid-19 pandemic caused a huge amount of uncertainty, leading to a year of unprecedented change for all employers and HR professionals, as well as employees.

The impact of Covid-19 and subsequent lockdown has super-sized employment issues for employers this year.

Let us save you and your organisation time, money and stress by providing you with detailed updates on the Northern Ireland, GB and European employment law developments that you need to know. This is the 22nd year of Legal Island’s Annual Review of Employment Law conference – the original, biggest and best in Ireland.

This year, the conference is taking place online on 4th and 5th November. You’ll learn from 25+ speakers across 19 sessions including:

• Review of an Extraordinary Year (Part 1): The Impact of Covid-19 and Other Changes - Key Lessons (Speaker: Mark McAllister, Director of Employment Relations Services, Labour Relations Agency)
• Covid-19: Employer Liability for Infections and Other Litigation (Speaker: Paul Gillen, Head of the Employment Team, Pinsent Masons)
• Regulating Home and Remote Working - Top Tips from a Leading Employment Lawyer (Speaker: Leeanne Armstrong, Legal Director, TLT)
• The Northern Ireland Case Review 2020 and Key Next Steps (Speaker: Jason Elliott BL)
• Minimising Risks and Costs from Redundancy Selection (Speaker: Gareth Walls, Partner, A&L Goodbody)
• Remote Workplace Investigations and Disciplinary Hearings: Getting it Right (Speaker: Christine Swail, Director, People Management Solutions)
• Review of the Extraordinary Year (Part 2): Looking at What's to Come in 2021 (including Brexit) (Speaker: Mark McAllister, Director of Employment Relations Services, Labour Relations Agency)
• And much more (this year we've got 19 sessions in total and you'll have access to every single one during the conference and via recordings)

As usual, we have an amazing speaker line-up this year, with Northern Ireland's leading employment lawyers and HR experts.

View the full programme or register your place(s) here:
https://www.legal-island.com/event/annual-review-of-employment-law-2020/

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2. The Future of Work Summit 2021+Beyond 

Some commentators are saying that this year has witnessed greater change to how we do "work" than at any point since the Industrial Revolution. 

Employers have been forced to trust employees and many now accept that work doesn't necessarily have to be carried out in a space governed and monitored by them. This has proved to be a complete gamechanger for many organisations across multiple industries. 

The "Future of Work Summit 2021 & Beyond" is designed to help business leaders and those in HR understand the full impact of Covid-19 on the world of work. 

It brings together some of the foremost experts on the Island of Ireland on all matters relevant to the "new workplace" including those responsible for recruitment, people management, job design, employment law, mental health at work and learning and development. 

It will take place online during the morning of Wednesday 14th October online. Best of all it's free if you register before 5pm on Monday the 5th October. 

To register simply click on this link: www.Thefutureofworksummit.net.

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3. Latest Northern Ireland Diversity & Inclusion Charter Mark Recipients Announced 

Legal Island is delighted to announce the 4 latest recipients of the Northern Ireland Diversity & Inclusion Charter Mark. 

Huge congratulations to: 

• Belfast Health & Social Care Trust
• MCS Group
• Northern Regional College
• The Prince’s Trust 

Did you know...

Legal Island's Chairman Barry Phillips BEM has agreed to underwrite the cost of the application (up to £995 + VAT) for existing Legal Island customers PLUS the first 10 new customers that apply.

Learn more about the Northern Ireland Diversity & Inclusion Charter Mark.

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4. Case Law Reviews

Holloway v Aura Gas Ltd [2020] Case No: 1405914/2019

Issues Covered: Constructive Dismissal; Working Time; Travel

The claimant worked as a heating engineer for the respondent from January 2015 until he resigned in September 2019.   He subsequently claimed  constructive unfair dismissal.     When he began, the claimant’s contract stated that he would be required to travel to other locations as reasonable required and that he would be expected to work for 45 hours per week.  With the work of a heating engineer, much of the claimant’s time was spent at the clients’ premises or travelling to various suppliers to pick up parts.  From his evidence to the Tribunal, the claimant states that the work at the beginning was largely ‘local’ and that he would have approximately half an hour of travel time which was incorporated into his contractual hours.   However, in more recent times the distance increased and that he would be travelling between 5 and 6 hours a day which was on top of his contracted hours.  He states that he also no longer got early finishes that he would have got, especially during the Summer months.

In October 2018, the claimant was informed that the ‘unofficial travel rules’ had changed to the extent that the first hour and last hour of travel were unpaid (and that this change had been in place for about a year).   The claimant raised the issue with the company owner, Mr Robinson, who stated that travel is not included within the working day unless it is over an hour.   The general manager was then instructed by Robinson to investigate concerns about the claimant.   This included ‘dragging out’ jobs and refusing to work his contractual hours.    At the same time, the claimant issued formal grievances in relation the overtime he was due as well as being given the work with the furthest distance.  His grievances were rejected as well as the related appeal.   Following this, the claimant handed in his resignation on the basis that the grievances were not taken seriously and that they failed to reduce the excessive hours (inclusive of the travel time).  

The Tribunal held that there had been constructive unfair dismissal.  This was on the basis that the principal reason for the claimant’s resignation was the travel pay issue.   This was a fundamental breach of contract and a fundamental breach of the implied term of trust and confidence that he had with the company.    There were other extraneous issues raised by the claimant in relation to working time and bullying but they were not upheld by the Tribunal.

Practical Lessons

This case demonstrates a number of pertinent issues when it comes to travel expected within work.  The Tribunal noted that for minimum wage regulations and working time issues the travel done within the course of work will be taken into account.  Whilst there was no evidence showing that the claimant was consistently working in excess of 48 hours a week (above the working time limit) it was found that the way in which travel was dealt with was contrary to the claimant’s contract and the subsequent resignation was sufficient for constructive unfair dismissal.  Employers with employees who travel within the course of their work should bear it in mind for the purpose of hours worked and the pay awarded.
https://assets.publishing.service.gov.uk/media/5f47855c8fa8f5362b98f666/Mr_T_Holloway_v_Aura_Gas_Ltd_-_1405914.19.pdf

Hopkins v Revenue and Customs Commissioners [2020] EWHC 2355

Issues Covered: Misconduct; GDPR

The claimant brought claims based upon breach of contract, unlawful processing of personal data and human rights breaches against the defendant, her employer.  The decision related to the defendant’s attempt to have the claims struck out.

The issue arose in August 2018 when the claimant was arrested in relation to a number of matters including a serious sexual offence. The claimant had disclosed the fact that she was arrested to her line manager and this was disclosed internally to other managerial staff and the press office.  As a result, the claimant was suspended from work and a disciplinary investigation was commenced.   The claimant then went on sick leave and asked for the suspension and investigation to be halted and also stated that the investigation was in breach of GDPR.   It was not until December that the investigation continued and the claimant attended an interview whereupon she stated that the contractual requirement to disclose information relating to the arrest was unlawful and that there were breaches relating to processing of her personal data.   This accusation was made on the basis that the arrest should be deemed a ‘special category of personal data’ under Article 10 of GDPR and that the defendant had failed to establish a lawful basis for the data to be processed.

The High Court held that the claimant’s contractual obligation to inform the employer in relation to the arrest and offences was allowed.  This also made it clear that the criminal offence data may then be processed in various circumstances within the course of employment.  This may be to investigate potential misconduct or to undertake disciplinary proceedings.  The claimant further challenged the decision to suspend stating that other alternatives should have been examined.  Steyn J held that as the allegations against the claimant were serious the defendant was well within its right to commence an investigation and to suspend the claimant pending an outcome.  In terms of disciplinary action taking place as a result of action outside the workplace, the High Court held that the defendant was within its right.  This was especially so considering the seriousness of the allegation but also due the fact that a car hired for the purpose of work was allegedly used in relation to one of the offences.    Furthermore, there was no prospect of the claimant establishing that using the personal data for the purposes of disciplinary proceedings was unlawful.  For this reason, the various claims were struck out with one slight caveat.   The court was unable to make a determination on whether the suspension should have been reviewed or whether it should have been shorter.  For that reason, the claim could continue on that basis.

Practical Lessons

This case demonstrates the way in which the court will deal with allegations in relation to GDPR when it concerns an employment investigation.  The fact that the allegations were of a serious nature as well as the contractual basis that allowed for the information to be internally shared meant that the claimant’s claims were struck out on that basis.   This case also reaffirms the view that conduct outside of employment can be taken into account when it comes to investigations into misconduct. 
https://www.bailii.org/ew/cases/EWHC/QB/2020/2355.html

Remember: Our case law reviews are now held in our case law section on our fully-searchable employment law hub website:
https://www.legal-island.com/employment-law-hub/case-law-search-page/

These case reviews were written by Jason Elliott BL.  NI Tribunal decisions are available on the OITFET website:
http://www.employmenttribunalsni.co.uk/      

If you have any queries or wish to comment on the reports please feel free to contact Jason at: jason.elliott@barlibrary.com.   

Jason Elliott was called to the Bar of Northern Ireland in 2013.  He has developed a civil practice representing individuals, companies and public bodies in litigation.   This covers a range of areas of law such as personal injuries, wills and estates and employment law.  In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.  Alongside his practice at the Bar, he is also a part-time lecturer in law at Ulster University where he takes the Employment Tribunal Representation module for Masters students.

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5. Coronavirus Employment-related Updates

Majority of Employees Want to Work from Home for Most of the Week

More than half of employees want to work from home for most of the week, according to new research – an almost six-fold rise since the start of lockdown. The survey of 4,500 people conducted by Zurich Insurance, the results of which were released last week, revealed 59 per cent of people would still prefer to spend more than half their working week at home, despite UK government calls for office-based workers to return. Just 10 per cent of employees had this working pattern prior to the coronavirus pandemic. More from People Management:
https://www.peoplemanagement.co.uk/news/articles/majority-employees-want-work-home-most-week-research-finds?

Union Lauds 'Amazing Victory' After Arcadia Redundancy Payment Apology

The owner of Topshop and Topman has backed down and agreed to pay full salaries to head office staff facing redundancy – three weeks after the Guardian revealed it had been accused of potentially breaching employment law.  The Unite union described the U-turn as an “amazing victory” and said the apology made by Sir Philip Green’s Arcadia Group was “almost without precedent”.  More from the Guardian:
https://www.theguardian.com/business/2020/sep/13/union-lauds-amazing-victory-after-arcadia-redundancy-payment-apology-philip-green-covid-19

Drink-Only Pubs Set to Reopen Next Week

Drink-only pubs in Northern Ireland are set to be allowed to open from Wednesday 23 September.  But local restrictions are to be imposed on people living in the postcode BT60, which covers parts of County Armagh, from Friday. They will not be allowed to visit other people inside their homes or have visitors in - with a few exceptions.  The health minister said restrictions take effect from 17:00 BST today.  More from the BBC:
https://www.bbc.co.uk/news/uk-northern-ireland-54182628

Young People Hit As Unemployment Rate Ticks Higher

The number of young people in the UK without a job rose 156,000 in the three months to July, according to new data.  The Office for National Statistics said those aged between 16 and 24 saw the biggest drop in employment compared with other age groups.  Overall, the UK's unemployment rate grew to 4.1% over the period, compared with 3.9% previously.  Firms continued to remove staff from payrolls as they prepared for the end of the government's furlough scheme. Some 695,000 UK workers have disappeared from the payrolls of British companies since March, when the coronavirus lockdown began.  More from the BBC:
https://www.bbc.co.uk/news/business-54146833

COVID-19: New Guidance On Calculating Furlough Pay For Employees Who Come Off Furlough Partway Through A Claim Period 

This helpful article from Thompsons Reuters explains updated furlough guidance on how employers should calculate furlough pay for an employee who comes off furlough in the middle of a claim period.
https://uk.practicallaw.thomsonreuters.com/Document/I220227c6f6d311eabea4f0dc9fb69570/View/FullText.html?transitionType=Default&contextData=(sc.Default)&firstPage=true#co_pageContainer

Sir Keir Starmer To Call For Furlough Scheme Replacement

Sir Keir Starmer will call on the government to replace the furlough scheme and outlaw "firing and re-hiring" methods to avoid the "scarring effect" of "mass unemployment".  HIs alternative proposals include expanding part-time working and rewarding employers who give people hours rather than cut jobs; providing training and support for those who can't come back full-time, and targeting sectors most in need such as retail, aviation and those hit by local lockdowns.  More from the BBC:
https://www.bbc.co.uk/news/uk-politics-54153771

'Redundancy Floodgates Will Open' Says Unite Union

The Unite union has called on the government to say it will extend its furlough scheme or face "redundancy floodgates" opening in the UK.  Many workers can expect a "miserable Christmas" without targeted support for employers, the union warned.  More from the BBC:
https://www.bbc.co.uk/news/business-54169687

NI localised Covid-19 restrictions: Your Questions Answered 

New Covid-19 restrictions for parts of Northern Ireland, including Belfast and Ballymena, are now in force - and are causing great confusion.  There are new social restrictions and guidance about travel and leisure.  Here, BBC News NI answers some of the many readers' questions BBC News NI has received about the changes, and what they mean for you.
https://www.bbc.co.uk/news/uk-northern-ireland-54117810

The Coronavirus ‘Infodemic’: Truth And Conspiracy Online

The spread of online misinformation during the Covid-19 pandemic has exacerbated a public health crisis. PublicTechnology digs into a recent parliamentary inquiry to find out more about the response from social media companies and government.
https://www.publictechnology.net/articles/features/coronavirus-%E2%80%98infodemic%E2%80%99-truth-and-conspiracy-online

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6. Extension Of The Appointment Of The Commissioner For Public Appointments For Northern Ireland

The First Minister and deputy First Minister have announced that the appointment term of the Commissioner for Public Appointments for Northern Ireland, Ms Judena Leslie, has been extended for a period of up to one year.   The extension is effective from 1 September 2020.

The First Minister Arlene Foster and deputy First Minister Michelle O’Neill said: “We want to take this opportunity to thank the Commissioner for her hard work and commitment to date in ensuring the public appointments process continues to be rigorous and fair, and for her contribution to raising awareness and increasing the diversity in public appointments."
https://www.executiveoffice-ni.gov.uk/news/extension-appointment-commissioner-public-appointments-northern-ireland

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7. Equality Update 

How Different Would Your Day Be If You Did Not Have Access To A Toilet When You Needed One?  

This week’s announcement of a pledge by the Department of Finance to change the building regulations to make large accessible toilets for severely disabled people mandatory for new buildings that meet the specified criteria is a major step forward in disability inclusion, dignity and respect. 

The Equality Commission gets many complaints every year about failure to make reasonable adjustments. A wheelchair user with motor neurone disease, Michael Holden, MBE, from County Down, has settled two cases in the past year alleging disability discrimination in the non-provision of suitable toilet facilities.  With the support of the Equality Commission, he took the cases to help bring to public notice the issue of toilet provision for people with disabilities. 

Mr Holden is one of more than a quarter of a million people in the UK who cannot use standard accessible toilets.  

More from the Equality Commission:
www.equalityni.org

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8. Legislative Update

SR 2020/195 - The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 3) Regulations (Northern Ireland) 2020

These Regulations amend the Health Protection (Coronavirus, Restrictions) (No. 2) Regulations (Northern Ireland) 2020 by removing soft play areas from businesses, services providers and premises subject to closure.
https://www.legislation.gov.uk/nisr/2020/195/contents/made

The Health Protection (Coronavirus, Restrictions) (No. 2) (Amendment No. 4) Regulations (Northern Ireland) 2020 

These Regulations amend the Health Protection (Coronavirus, Restrictions) (No. 2) Regulations (Northern Ireland) 2020 by applying restrictions in the protected area as defined. The restrictions permit a gathering of one household indoors at a private dwelling, and of up to six persons from up to two households outdoors at a private dwelling. Certain exemptions to those restrictions are allowed.
https://www.legislation.gov.uk/nisr/2020/198/note/made

SR 2020/194 - The Health Protection (Coronavirus, International Travel) (Amendment No. 10) Regulations (Northern Ireland) 2020

These Regulations amend the Health Protection (Coronavirus, International Travel) Regulations (Northern Ireland) 2020 (“The principal Regulations”).
https://www.legislation.gov.uk/nisr/2020/194/contents/made

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9. Just in Case You Missed It...

Disciplinary Issues During Remote Working – How Do I Handle It?

In this month’s article from Tughans, Rachel Richardson, Director, in the Employment Team outlines some considerations when dealing with disciplinary issues that arise during the Covid-19 pandemic. 
https://www.legal-island.com/articles/uk/features/how-do-i-handle-it/2020/sept/disciplinary-issues-during-remote-working--how-do-i-handle-it/

Employment Law Discussion

A number of questions have been answered by Seamus McGranaghan during our Employment Law at 11 Webinar series.  Some of the most recent questions regarding redundancy selection and disciplinary action during furlough can be found here:
https://www.legal-island.com/employment-law-hub/regular-features/discussion/

Data Protection Update [Webinar]

In this webinar recording, Anna Flanagan, Senior Associate at Pinsent Masons joined us to discuss the following topics:

• Update from Regulators and enforcement action during/after the pandemic
• Working from home: risks associated with employee behaviour, employee monitoring, managing supplier contracts;
• Returning to work: health monitoring, contact tracing, adjustment on a phased basis, mission creep as the emergency eases;
• Cyber risks: increase in COVID-19 related scams, risks in employee behaviour, PM white paper including attacker trends;
• International Transfers and Brexit: transferring personal data to third countries including the US following Schrems II decision.

Listen here:
https://www.legal-island.com/articles/uk/features/supplementary/2020/sept/data-protection-update/

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10. HR Developments

How Might Lockdown Improve Flexibility For Working Fathers?

Much has been written about the impact of lockdown on women, particularly working mothers, but how has lockdown affected men and working fathers? According to research undertaken during lockdown, almost two-thirds of fathers would like to work flexibly in the future to spend more time with their family.  This helpful article from the CIPD considers how lockdown has improved flexible working opportunities for fathers.
https://www.peoplemanagement.co.uk/experts/legal/how-might-lockdown-improve-flexibility-for-working-fathers?utm_source=mc&utm_medium=email&utm_content=pm_daily_14092020.Employment+law%3a+How+might+lockdown+improve+flexibility+for+working+fathers%3f&utm_campaign=7295441&utm_term=1143814

Almost A Third Of UK Workers Have Cancelled Annual Leave In 2020

A report by HR software and employment law advice service BrightHR claims that 28 percent of UK workers have cancelled annual leave in 2020. The report, which uses data from over 300,000 BrightHR users, also claims that, predictably, the two highest months for cancelled leave were while the UK was in full lockdown. April had the highest number of leave cancellations, with 31,762 users withdrawing holiday requests. It was followed by May, which saw 25,083 users cancel their leave.  More here:
https://workplaceinsight.net/almost-a-third-of-uk-workers-have-cancelled-annual-leave-in-2020/

Managing Covid-related Holiday Accrual

This helpful article from the CIPD explains how organisations can deal with the mounting levels of annual leave among their workforce. 
https://www.peoplemanagement.co.uk/experts/legal/managing-covid-related-holiday-accrual?utm_source=mc&utm_medium=email&utm_content=PM_Daily_15092020.Employment+law%3a+Managing+Covid-related+holiday+accrual&utm_campaign=7295441&utm_term=1143814

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11. Employment News in the Media

A group of homecare workers have been awarded an average of £10,000 each in back pay after a tribunal ruled that they had been unlawfully paid less than half the minimum wage for looking after elderly and disabled people in their own homes.  The group – the majority of whom were black or minority ethnic women and on zero-hours contracts – were not paid for the time they spent travelling between multiple clients’ homes in north London, despite working for up to 14 hours a day.  As a result, the 10 workers were paid for just half of what was the £7.20-an-hour national minimum wage at the time the case was brought by the Unison trade union in 2016. The ruling said travelling and waiting time of up to 60 minutes between appointments should be treated as working time.  More from the Guardian:
https://www.theguardian.com/society/2020/sep/15/tribunal-awards-10-uk-homecare-workers-back-pay

More than 600 Debenhams workers who have lost their jobs since the High Street giant announced it was in difficulties earlier this year are to take legal action against the firm, including dozens of people from London Stores.  The announcement comes four months after the business collapsed into administration and follows announcements that thousands of jobs were to be cut after sales were impacted by the coronavirus lockdown.  More here:
https://londonlovesbusiness.com/hundreds-of-debenhams-staff-to-take-legal-action-over-redundancy-process/

Some Air India staff are struggling to draw their pensions 20 years after retiring. The issue arises from a complicated legal matter due to which some Air India employees are unable to access their pension. The employees have approached the airline and government to little avail and are now considering a legal challenge.  More here:
https://simpleflying.com/air-india-pension-delay/

Nearly half of Britain's legal workforce thinks that diversity should be more of a priority at work, according to a report from UK-based tech-for-good developer, Culture Shift.  The survey found that 46% of workers said inclusion was a priority, while 52% admitted that their employer could do more.  And the report also uncovered that 36% of staff said their employer merely made ‘token gestures’ on diversity.  Olive Strachan, the diversity and inclusion specialist, welcomed the report. She said: “Employees are calling for their employers to focus on recruiting people from more diverse backgrounds, while providing training to the workforce on diversity and inclusion.”  One hundred staff from the legal sector were among 1,000 people interviewed for the study.
https://www.lawscot.org.uk/news-and-events/legal-news/legal-staff-want-more-diversity-at-work/

A gender-fluid worker has won an employment tribunal against Jaguar Land Rover (JLR).  Ms R Taylor brought claims against the company, saying she had suffered abuse and a lack of support.  She successfully argued she suffered harassment and discrimination because of gender reassignment. More from the BBC:
https://www.bbc.co.uk/news/uk-england-coventry-warwickshire-54180794

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12. GB Developments

Employment law is a devolved power in Northern Ireland. The items in this section apply throughout GB only (Scotland and England & Wales) unless we specify they apply to NI.

Planned Redundancies Twice The Rate Of Last Recession

Employers in Britain are planning more than twice as many redundancies than they did at the height of the last recession, new figures show.  About 180,000 job cuts were planned from January to March 2009, while 380,000 were planned from May to July this year.  Completed redundancies could reach 735,000 this autumn, researchers say.  The figures were obtained by an Institute for Employment Studies (IES) Freedom of Information request.

Social distancing measures to prevent the spread of Covid-19 brought large parts of the UK economy to a standstill, forcing workers to stay at home, closing shops and bringing transport to a halt.  More from the BBC:
https://www.bbc.co.uk/news/business-54125690

Presidential Practice Direction And Guidance On Remote Tribunal Hearings

This Practice Direction concerns hearings held by electronic communication in England and Wales under rule 46 of the Employment Tribunals Rules of Procedure (as set out at Schedule 1 of the Regulations), which can be categorised as remote hearings. Having regard to the paramount importance of the principle of open justice, it addresses methods to safeguard open justice when hearings are conducted remotely.
https://www.judiciary.uk/wp-content/uploads/2013/08/14-Sept-2020-SPT-ET-EW-PD-Remote-Hearings-and-Open-Justice.pdf

More Employment Tribunals To Go Virtual In Raft Of Changes

The government is relaxing the rules around employment tribunals to allow more hearings to be held online in an effort to deal with the rise in cases following the abolition of tribunal fees and to help manage the impact of the Covid-19 pandemic. Business minister Paul Scully announced a number of changes to boost hearing capacity in Parliament today as part of an £80 million investment for HM Courts and Tribunal Service which will involve the recruitment of 1,600 additional staff.  From 8 October 2020 there will more flexibility for hearings to be held remotely in an effort to reduce caseloads and speed-up justice for workers and employers.  More from Personnel Today:
https://www.personneltoday.com/hr/more-employment-tribunals-to-go-virtual-in-raft-of-changes/

Employment (Dismissal and Re-employment) Bill 2019-21

This Bill is to prohibit employers dismissing employees and subsequently re-employing them for the purpose of diminishing the terms and conditions of employment; and for connected purposes.  The next stage for this Bill, Second reading, is scheduled to take place on Friday 30 October 2020. This is a Private Members' Bill and was presented to Parliament on Tuesday 9 June 2020.
https://services.parliament.uk/bills/2019-21/employmentdismissalandreemployment.html

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13. South of the Border

This section is brought to you by Ciara Fulton, Senior Partner at Jones Cassidy Brett. Ciara is dual-qualified and practices law throughout the island of Ireland. Contact Ciara on cfulton@jcbsolicitors.co.uk.  

Redundancy Payments Act - Extension of Suspension for Short-time and Lay Off

The Minister for Social Protection, Heather Humphreys TD, has secured Government approval to extend the redundancy provisions relating to temporary lay-off and short-time work - which arose as a result of COVID-19 - until 30th November.  Minister Humphreys acknowledged that the decision will be met with competing views but added that it is necessary in order to protect businesses and prevent permanent job losses.

The suspension of the redundancy provisions was brought into effect from 13th March 2020 under Part 8 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 in order to ensure the future viability of businesses and help prevent further permanent job losses.  It is considered that an extension of the end-date continues to be important for employees to ensure that they have a continued link to their job and a pathway to return. For employers, many still regard their businesses as being temporarily closed or they are operating well below their capacity.  For this reason, the provisions had been extended to 31st May, again to 10th August and most recently to 17th September. This rationale continues to apply to this latest extension.

Minister Humphreys continues to believe that extending the end date further will help prevent redundancies at a time when the labour force as a whole is facing a significant challenge with some 210,000 people in receipt of Pandemic Unemployment Payment and a further 32,200 employers have registered with Revenue for the Employment Wage Subsidy Scheme in respect of their employees.  More here:
https://www.gov.ie/en/press-release/e3df4-redundancy-provisions-relating-to-temporary-lay-off-and-short-time-work-extended-until-november-30th-2020/

Pandemic Unemployment Payment To Remain Open For New Entrants

The Minister for Social Protection, Heather Humphreys, T.D., has secured Government approval to keep the Pandemic Unemployment Payment (PUP) open to new applicants until the end of 2020.  To date, over €3.5 billion has been paid out under PUP to hundreds of thousands of people who lost their jobs as a result of the Pandemic.  As part of the July Jobs Stimulus, a decision was taken to close PUP for new entrants from September 17th.  However, Minister Humphreys today secured Cabinet approval to extend this date until the end of 2020.  This means that anyone who loses their employment as a result of the pandemic after September 17th will be able to avail of the appropriate PUP rate. More here:
https://www.gov.ie/en/press-release/9f11b-pandemic-unemployment-payment-to-remain-open-for-new-entrants/

What's In The Government's Medium-Term Plan For Living With Covid?

The Government's medium-term plan for Living with Covid-19 has been announced.  Taoiseach Micheál Martin said protecting public health remains an absolute priority. He said: "Each of us has a personal responsibility to try and limit its spread."

Earlier, Minister for Public Expenditure and Reform Michael McGrath said the plan would cover the next six to nine months as it is not certain that there will be any progress in a vaccine over that period of time.  The 'framework for restrictive measures' consists of five levels.  The lower levels will be activated when there is low incidence of the disease, with isolated outbreaks, low community transmission.  The higher levels will be used to deal with higher incidences of the disease.  More from RTE:
https://www.rte.ie/news/2020/0915/1165322-living-with-covid-summary/

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14. Free Webinars This Month

Employment Law at 11 - with texthelp

Friday 2 October 2020 (11:00am - 11:45am) with O'Reilly Stewart Solicitors and Texthelp

This webinar will focus on questions on the employment of neurodiverse employees, particularly the needs of those who are working remotely or from home. Scott Alexander, Legal Island, will discuss with Seamus McGranaghan, Director, O’Reilly Stewart Solicitors your questions on the legal requirements for implementing reasonable adjustments to facilitate effective remote working for employees with neurodiverse conditions or disabilities and Louise McQuillan, Workplace Solution Specialist, from Texthelp will outline some practical advice for employers on supporting employees with neurodiverse conditions in the workplace.

Tell your HR colleagues and register individually or get your HR team around the computer whilst and use the webinars as monthly group learning opportunities. Ask any questions (on employment law) and hear the answers live or catch up later when we upload both a recording and transcript of the discussion.

Remember – send questions in live during the webinars or drop a line in advance to rolanda@legal-island.com.  Anonymity assured.

Register Now: https://attendee.gotowebinar.com/register/448795761764507915?source=WR

Check out previous discussions:
https://www.legal-island.com/resources/any-questions-webinars/ 

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15. Weekend Weather and Thought-Provoking Video

A weak front will nudge in from the north on Friday, introducing cloud and some patchy rain. High pressure will build in behind the front, allowing for largely fine and dry conditions throughout the weekend however.  Maximum daytime temperatures of 18°C.

Go to the BBCNI for local information:
http://bbc.in/tw39eP  

This week's thought-provoking video is called "How Sleep Affects Your Emotions" by Matt Walker.  It's not just your imagination -- you're more irritable when you're low on zzzzs. Sleep scientist Matt Walker explains how our nightly slumber affects the emotional centres in our brains, and why we can think of sleep as first aid for our feelings.  Listen here:
https://www.ted.com/talks/matt_walker_how_sleep_affects_your_emotions

And don't forget the A&L Goodbody 'Back to Basics' series of videos on the Legal-Island website if you want a quick check of NI employment rights. As well as a short video from the team, there's a transcript for reference purposes.
https://www.legal-island.com/regular-features/back-to-basics-video/ 

Enjoy the weekend.

Legal-Island

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