REFLECTIONS-SEPTEMBER 13-17, 2021

A WEEKLY ROUNDUP OF LEGAL & TECH EVENTS GLOBALLY | September 13-17, 2021

THIS IS REFLECTIONS, our weekly roundup of events in the legal and technology sector, covering various topics and interesting learning points for today’s professionals. If you couldn’t make an event, don’t worry, we probably made it and have all the juicy scoop for your reading pleasure and learning.

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EMPLOYMENT LAW COVID-19 UPDATE

The first speaker was Lee Whiting, he started by saying care homes have been mandated to ensure unvaccinated people do not enter their premises, and they’d be punished if they allow them to enter. An exemption on this is if a person cannot collect the vaccine due to medical reasons.

The speaker noted that it looks healthcare would be next as there might likely be a regulation put out for healthcare workers to also be vaccinated.

The speaker noted that legal issues to consider includes:

1). Requirements of third-party legislation.

2). Protected characteristics such as religious of philosophical believes, these beliefs are protected by the law though not absolutely, also a person who has a disability and cannot take the vaccine for a medical reason.

3). Data protection should also be considered.

On dismissal for refusal to be vaccinated, he noted that if the employee is less than two of years service, they have no right to claim unfair dismissal, but if they have more than two year’s then there’s a reason to claim unfair dismissal. He also noted that there is a need to consider the potential risk of discrimination claims.

The second speaker was Nicholas Barass, she noted that as from the 19th all businesses can open and the government is no longer directing employers to work from home and if an employee refuses to go to work, the employer has to understand the employees’ reason which might include a disability or it might be due to health reasons.

She noted that employers are protected if they do not go to work where they have a reason to believe that they are in danger health-wise.

The First speaker noted that there might be full demand for on working or a hybrid working.
She also noted that individuals’ rights to make a flexible working request, she also noted that there is an issue of those who are disability disabled employees have to be considered, the issue of sexual discrimination is also want to be considered such as where the employee has a child or is pregnant.

Implied terms of trust and confidence is also another issue, this exists in all employment contracts, the speaker noted that employers would have issues making employers return to work physically after working from home has been well implemented and it has been seen to be a success.

On Legal Issues to consider where hybrid working is involved, the speaker stated that they include, Trial period and right to terminate, Confidentiality should also be considered,
also, expenses should be considered as employers have to look at whether it’s to be expensive or not.

Nicholas Barass also spoke on changing terms and conditions of employment which is known as the fire and hire approach. It is a means of changing terms and conditions of employment by firing and rehiring employees in order to change the terms of the employment, she noted that this has always existed however employers take advantage of it and it should not be so.