This week’s video discusses continuing issues with accrued leave which may now be significant as the pandemic continues and foreign travel is restricted. We also comment on the difficulties with unpredictable changes to quarantine requirements on return from leave here.

If you have any queries about the matters discussed in this video, please email employmenthub@chadlaw.co.uk for help and advice.

Supermarket store workers seeking to “pocket the difference” in equal pay claim

In Asda Stores Ltd v Brierley & Others, the Supreme Court found that the claimants (mostly women working in supermarkets) were entitled to compare themselves for equal pay purposes with employees (mostly men) working within Asda Distribution Centres. A ‘valid comparator’ is a critical stage in establishing the basis for a successful equal pay claim and this verdict will undoubtedly reverberate around retail businesses with similar models as a potential issue.

https://www.chadwicklawrence.co.uk/legal-news/supermarket-store-workers-seeking-pocket-difference-equal-pay-claim/

DHSC launch consultation with care home staff to make the COVID-19 vaccine mandatory

The Department of Health and Social Care have begun a consultation into make the COVID-19 vaccination mandatory for all care home workers. Any worker deployed in a care home with residents aged over 65 years old, could see it become a condition of their employment for them to have had the Covid-19 vaccination. Workers with medical exemptions will be excluded. The consultation concluded on 21 May 2021.

https://www.gov.uk/government/news/consultation-launched-on-staff-covid-19-vaccines-in-care-homes-with-older-adult-residents

Victimisation case ordered for rehearing after the tribunal make finding on a case that was not pleaded in the ET1

In St Mungo’s Community Housing Association v Andrews [2021],a rehearing was ordered after the ETA found that the tribunal had based their findings on a protected act that was not detailed in the claimant’s ET1. Where other issues come to their attention, the tribunal are not bound to stick to the exact wording of the Claim Form or list of issues between the parties. This however was not the case in this case and the tribunal were wrong to deviate when uninvited to do so by either party.

https://assets.publishing.service.gov.uk/media/606f3734d3bf7f40182bafd6/St_Mungo_s_Community_Housing_Association_v_Ms_Leigh_Andrews_UKEAT_0180_20_RN.pdf