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What’s Happening – Video/Multimedia


In this week video Daniel considers a conundrum many organisations are facing.

“Should I postpone a disciplinary hearing after receiving a subject access request?”

Click here to see our thoughts on this interesting subject.

In the News


COVID-19: Consultation on Removal of Mandatory Vaccine Requirement


The regulations (Health and Social Care Act (Regulated Activities) (Amendment) (Coronavirus) Regulations 2021)  in effect since 11 November 2021 requiring workers in CQC registered care homes in England to be vaccinated against COVID-19 (unless medically exempt) are due to be extended to all health care workers in patient-facing roles on 1 April 2022.


The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No.2) Regulations 2022 will extend this mandatory vaccination requirement on 1 April 2022 which means that workers must have received their first jab by 3 February 2022 in order to be ready to receive their second jab by 31 March 2022 in time for the deadline of 1 April 2022.


The current NHS guidance regarding mandatory vaccination states that notice of termination could be given to those who remain unvaccinated after this date (subject to the permitted exceptions).


However, on 31 January 2022, Sajid Javid announced that the government intends to revoke both sets of regulations regarding mandatory vaccinations in light of the latest data showing that it would no longer be proportionate to enforce the rules. Confirmation of this U-turn is yet to be announced, as the consultation and parliamentary approval must be sought first.


In anticipation of gaining approval, the Secretary of State confirmed that unvaccinated care home workers who were dismissed from their roles may choose to work in those settings again – but they would not have their continuity of service reinstated. Additionally, NHS leaders have written to NHS employers to request that they do not serve notice of termination on their unvaccinated employees.


Met Police: Dismissals for Gross Misconduct following IOPC Report


The IOPC released their report findings after their investigation into Metropolitan Police Officers. The findings, released this week, found evidence of racism, sexism, homophobia, anti-Semitism, and misogyny with officers making racist comments and discussing “knifing” those who spoke out.


The messages were shared among a WhatsApp group of up to 19 officers, some of whom resigned before disciplinary action could be taken and some were dismissed and prevented from re-joining the service. The report found the offensive remarks formed part of a culture that needed to be rooted out, with fear preventing whistle-blowers due to officers believing bosses would not take it seriously or protect them from retaliations.


The home secretary had already ordered an inquiry following a Met police officer abusing his police powers in the case of Sarah Everard.


Proposed Legislation: Gratuities to be Passed to Workers


The Parliamentary under-Secretary Paul Scully announced this week that tips earned by workers should go to the workers they were intended for, and suggested that legislation would be brought forward to enforce the requirement for employers to pass on all tips, gratuities, and service charges to workers without any deductions.


Employers will therefore be required to distribute tips in a fair and transparent manner, where employers have control or significant influence over tip distribution.


The proposed legislation will aim to introduce a new right for workers to make a request for information relating to an employer’s tipping record, to enable them to bring forward a credible claim to an employment tribunal. The plans are intended to be put before parliament as part of a wider employment bill for which no firm timetable has yet been confirmed.


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