Sarah Bowen edits 3PB's April 2020 Employment and Discrimination Newsletter

8th April 2020

Sarah Bowen has edited 3PB's latest Employment & Discrimination newsletter, including contributions from Sarah Clarke, Katherine Anderson, Lachlan Wilson, Daniel Brown and Naomi Webber.

The newsletter provides key resources to help businesses manage the employment consequences of the COVID-19 crisis.

Click here to read our latest News, and Case Law Updates and book to attend one of our events.

Cases and topics reviewed include:

  • Equality and discrimination in employment during the COVID-19 Pandemic
  • Coronavirus Job Retention Scheme – how does it fit with the existing law on lay-offs and short-time working?
  • Which employees can I furlough and how does the furloughing process work
  • Coronavirus Job Retention Scheme: The essential contents of a furlough letter/email/agreement

EAT decisions

  • Royal Bank of Scotland Plc v AB UKEAT/0187/18/DA – assessing capacity to conduct litigation
  • Secretary of State for the Home Department v Parr UKEAT/0046/20/BA – revoking privacy orders (Rule 50)
  • Riley v Belmont Green Finance Ltd (t/a Vida Homeloans) UKEAT/0133/19/BA – protected disclosures
  • Agarwal v Cardiff University UKEAT/0115/19/RN – redundancy and ‘conspiracy’
  • Revenue and Customs Commissioners v Middlesbrough Football and Athletic Co (1986) Ltd UKEAT 2501182/2018 – National Minimum Wage ‘reductions’
  • Itul v London Fire Commissioner UKEAT/0298/18/BA – strike out on grounds of unreasonable conduct
  • Fincham v Alpha Grove Community Trust UKEATPA/0993/18/RN – late appeals

Court of Appeal decisions

  • Can a tribunal depart from an agreed List of Issues at a final hearing? Yes, in certain circumstances, says the Court of Appeal in Mervyn v BW Controls Ltd [2020] EWCA Civ 393
  • Allen (t/a David Allen Chartered Accountants) v Dodd & Co Ltd [2020] EWCA Civ 258 – inducing breach of contract
  • Hudson Contract Services Ltd v Construction Industry Training Board [2020] EWCA Civ 328 – worker status and industry levies

Supreme Court decisions

  • WM Morrisons Supermarkets plc v Various Claimants [2020] UKSC 12 – vicarious liability and data protection
  • Barclays Bank plc v Various Claimants [2020] UKSC 13 – vicarious liability and independent contractors