Time is rapidly running out for those who will fall within the mandatory vaccination requirements applying to care homes from 11 November 2021 and who remain unvaccinated from Covid-19.
Given that the first and second Covid-19 vaccination are usually given 8 to 12 weeks apart, time is rapidly running out for those who will fall within the mandatory vaccination requirements applying to care homes from 11 November 2021 and who remain unvaccinated. The Department of Health and Social Care has estimated around 40,000 care home staff will leave or be dismissed as a result of the vaccination policy. The Government’s decision may, however, be subject to challenge. At least one union has published a letter before claim sent to the Secretary of State for Health and Social Care indicating a potential action for judicial review.
With the care sector experiencing considerable recruitment challenges, the announcement of mandatory vaccinations has already proven to be a significant challenge for a number of care home providers. Any uncertainty as to the enforceability of the Health and Social Care Act 2008 (Regulated Activities) (Coronavirus) Regulations 2021 (the Regulations) will add to these challenges in the run up to 11 November. Should a judicial review application be made, both employers and employees alike will be hoping for an expedited resolution to allow for clarity as early as possible.
Should you wish to discuss the potential impact of the Regulations on your workforce, please contact Helen Badger, a partner in our employment team.
Official statistics show that 15,336 claims which included a complaint of age discrimination were received at the Employment Tribunals between March 2020 and March 2021.
The outcome of the Employment Tribunal claim brought by Gulnaz Raja against Starling Bank Limited (1) (Starling), and Matthew Newman (2) was reported last month.
The BMA is advising all NHS / HSCNI consultants to ensure extra-contractual work is paid at the BMA minimum recommended rate and to decline offers of extra-contractual work that doesn't value them appropriately.
In the Autumn Statement delivered on 17 November, rises to the National Living Wage and National Minimum Wage rates were announced, to take effect from 1 April 2023.
The World Cup kicks off in Qatar on Sunday 20 November 2022, with the final taking place on Sunday 18 December 2022. Undoubtedly, this is a huge sporting event, and many employees will be keen to show their support for their favourite teams. However, due to the time difference, start times for the matches are between 10 a.m. and 7 p.m. UK time, which could have an impact on employers if employees who wish to watch the matches are scheduled to work.
Settlement agreements are commonplace in an employment context and are ordinarily used to provide the parties to the agreement with certainty following the conclusion of an employment relationship.
Where an employee appeals against their dismissal under a contractual appeal procedure and their appeal is successful, reinstatement to their previous role is automatic and does not require approval or agreement from the employee.
Settlement agreements in an employment context are ordinarily used to provide both parties with certainty following the conclusion of an employment relationship – but what happens when there is alleged discrimination after entering into a settlement agreement?
NHS England has published (October 2022) new guidance - Assuring and supporting complex change: Statutory transactions, including mergers and acquisitions.