This week’s video from Daniel marks the 1 year anniversary of our first video since the start of the pandemic.  This week Daniel covers the considerations for Employers when preparing for the return of their workforce, and the recent Employment Tribunal unfair dismissal decision on COVID-19 related misconduct here.

Following a number of queries regarding IR35, this week Nils O’Donoghue in our Regulatory Team covers the key changes Employers need to be aware of here.

Uber to Pay Drivers Minimum Wage

The Supreme Court ruled that Uber drivers are classed as workers and therefore must be paid minimum wage, holiday pay and pension contributions.

https://www.bbc.co.uk/news/business-56412397

Supreme Court Sleep-Ins Ruling

The  Supreme Court decided, for the purposes of the National Minimum Wage Regulations, that the minimum wage does not need to be paid when employees are asleep. They only need to be paid if they are woken up to deal with an incident.

https://www.supremecourt.uk/cases/uksc-2018-0160.html

Freelancer Is Victorious in IR35 Case

Journalist and Broadcaster, Kaye Adams, successfully appealed a challenge to her working status under the IR35 rules as she was “in business on her own account”.

https://assets.publishing.service.gov.uk/media/602fa8f6d3bf7f721b700f18/HMRC_v_Atholl_House_.pdf

Reasonable Adjustments Assessment to Include Physical Features and Auxiliary Aids

The EAT upheld the Claimant’s appeal which confirmed that the employer had failed to make reasonable adjustments for his dyspraxia in his job application, such reasonable adjustments were held to include auxiliary aids.

https://assets.publishing.service.gov.uk/media/6037b49fd3bf7f038db977e6/Mr_Christian_Mallon_v_Aecom_Ltd_UKEAT_175_20_LA__V_.pdf

Shielding Advice to Stop on 1^st April

With effect from 1 April 2021, shielding employees will be advised to return to work if they cannot work from home. Employees will no longer be eligible for Statutory Sick Pay (SSP) or Employment and Support Allowance (ESA), nor will they be eligible for furlough merely on the basis of being advised to shield.

https://www.gov.uk/government/news/shielding-advice-for-the-clinically-extremely-vulnerable-to-stop-from-april

Sickness Absence Rates at an All Time Low

The latest figures released by the Office for National Statistics confirm the sickness absence rates over the last year of the pandemic were recorded at the lowest level since records began.

https://www.ons.gov.uk/employmentandlabourmarket/peopleinwork/labourproductivity/articles/sicknessabsenceinthelabourmarket/2020