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22 October 2020
The JSS was originally announced by the Chancellor on 24 September 2020 as support for safeguarding viable jobs in businesses that are facing lower demand over the winter due to the impact of COVID-19. Subsequently, on 9 October 2020, an extension to the JSS was announced to cover businesses that are legally required to close their premises due to local or national COVID-19 restrictions. The two parts of the scheme offer different levels of support and have different eligibility criteria. "Short-time working JSS" - This part of the scheme has the following key features: Employees must work (and be…

16 October 2020
In the case of Tan v Copthorne Hotels, the claimant Mr Chee Hwee Tan brought claims of unfair dismissal, automatically unfair dismissal, age discrimination, race discrimination, discrimination because of sexual orientation, victimisation, harassment, whistleblowing detriment and unlawful deductions from wages. The Claimant was a senior vice president of a hotel chain who was placed at risk of redundancy. He began covertly recording hundreds of hours of meetings and conversations with his colleagues, both peers and those senior to him as well as those junior to him such as the chairman’s driver. When it came to the disclosure stage during the…

12 October 2020
We thought it would be helpful to explain the concept of payment in lieu of notice as we have recently come across cases where it is evident some people are confused about the different ways in which to treat notice. Notice can be served at work, can run at home on garden leave, or be paid in lieu – which means paid up (which is a payment in lieu of notice (PILON)), instead of the first two options noted here. When an employer properly exercises its contractual right to make a payment in lieu of notice, the contract of employment…

25 September 2020
The fact that an employee failed to inform their employer of their disability at the start of their employment is unlikely to be relevant to the question of compensation. This is because it is a liability question, rather than a remedy question. An employer will only be liable for disability discrimination where it knew, or should have known, about an employee's disability. Where an employee did not disclose their disability, and there was no other reason why the employer should have known about the disability, the employee will not be successful in a discrimination claim. However, where an employee did…

21 September 2020
A dismissal will be unfair under section 98 of the Employment Rights Act 1996 (ERA 1996) if it was not for one of the five potentially fair reasons (section 98(1) and (2), ERA 1996) and the employer failed to act reasonably in treating that reason as a sufficient reason for dismissal (section 98(4), ERA 1996). There are, therefore, two stages: Was the dismissal for one of the five potentially fair reasons? Was the dismissal fair or unfair, having regard to whether the employer acted reasonably in dismissing the employee for the reason given? The substantive fairness of a…

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