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Need to Know: February 2022

Employment - Office desk by window

In this latest edition of our ‘Need To Know’ employment and HR newsletter, we look at the first Employment Tribunal where the decision to dismiss an employee for refusing to have a vaccine was deemed fair; a recent High Court decision which considered employers responsibilities to indemnify employees for losses and liabilities incurred when carrying out their duties; and what is on the horizon for immigration in 2022.

We also have included our usual HR Bullets – which cover other significant employment law updates from the past month.

Our key articles this month:

HR Bullets

  • It has been held that the Employment Tribunal can sometimes extend time in a discrimination claim where the Claimants have waited to issue proceedings while pursuing grievances, but this will not always be the case. Wells Cathedral School Ltd v Mr M Souter and another
  • The Court of Appeal held that on the particular facts, an employer was not vicariously liable for the actions of one of their employees who engaged in ‘horseplay’ which resulted in injuries. In this case there was not a sufficient connection between the individual’s employment and the ‘practical joke’ that caused the injury. Andrew Chell v Tarmac Cement and Lime Limited
  • A decision was recently upheld which found that a London black-cab driver was self-employed and not a worker when he was engaged via an app which allowed him to source passengers. Mr C Johnson v Transopco UK Ltd
  • An Employment Tribunal recently found that a woman’s fear of catching Coronavirus and the need to protect herself and others is not a ‘philosophical belief’ for the purposes of protection under the Equality Act 2010 X v Y
  • New regulations, which come into force on 6 April 2022, will extend an employer’s duty to provide suitable personal protective equipment (PPE) where there is a health and safety risk to workers (currently the duty only extends to employees). PPE Regulations 2022
  • The government has announced that there will be a new law “when parliamentary time allows” requiring employers to pass all tips on to workers. This will mean that employers will be required to pass on all tips, gratuities, and service charges to workers without any deductions.

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