What’s Happening – Video/Multimedia
Our weekly video has now been uploaded to our You Tube Channel.
This video explores the circumstances in which employees may exercise their rights under the Employment Rights Act to take time off for dependants. We look at when it is ‘necessary’ to take time off and what is a ‘reasonable’ amount of time, as well as discussing the protection from detriment and dismissal for exercising the right.
2022 Seminar Programme
11am Wednesday 8th June 2022- Lateness and Short-term absence/ Evalu8 system
In this Seminar we will be covering how to manage employee lateness and absences. Employees’ lateness or absences may be for several reasons and we explore how to manage these situations. We will also present on practical HR solutions manage employee lateness and absence.
8:30am Wednesday 15th June 2022- Lighthouse Mock Health & Safety Trial at Headingley Stadium, Leeds, LS6 3BR
Chadwick Lawrence & Lighthouse Risk Services warmly welcome you to join us for an interactive mock Health & Safety trial. The event will see a fictional company stand trial against the HSE for injuries sustained by an employee in a workplace accident. This free event gives you a real insight into how a trial operates and the impact it could have on you as the employer.
Free breakfast and networking commences at 8:30, with the trial starting at 09:00. The judge will have made a decision and sentences will have been handed out by 11:00am.
To sign up for this event please email employmenthub@chadlaw.co.uk
The seminar program is now in full swing and links to our events can be found on our website:
In the News
There have been lots of relevant employment law/HR updates this week.
COVID-19 – Symptoms of Long COVID may Amount to a Disability
The Office of National Statistics has estimated that around 1.8 million people in the UK are experiencing symptoms of long-Covid, based on a COVID-19 infection survey completed by self-reported symptoms.
Long-Covid describes the condition where COVID-19 symptoms have continued for over 4 weeks. The statistics reflect that, of those who have self-reported their symptoms, 44% have been affected for at least a year, and 13% have been affected for at least two years. It appears to be most prevalent amongst females aged 35-49, particularly those living in more deprived areas and those working in health and social care and education.
The EHRC (Equality and Human Rights Commission) stated that without case law or scientific consensus, it would not recommend that Long-COVID should be automatically treated as a disability. However, whilst it may not currently be considered a condition which automatically constitutes a disability under the Equality Act 2010, if a person experiences symptoms which are substantial and have a long-term affect on their ability to carry out normal day-to-day activities then it may be considered to amount to a disability.
Employers are therefore encouraged to follow the existing guidance as to reasonable adjustments and flexible working arrangements for those experiencing such symptoms as their condition may be considered a disability for the purposes of the Equality Act 2010.
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IVF – Workplace Protection under Private Members Bill
Nickie Aiken, MP for Cities of London and Westminster, has called for improved workplace protection for women undergoing IVF. According to the latest figures from Human Fertilisation and Embryology Authority, around 53,000 people underwent IVF in 2019.
Under current UK law, pregnancy rights for employees undergoing IVF begin at the last stage of the IVF process, when the fertilised egg is transferred to the woman’s uterus. However, the process begins several steps before that, including hormone treatment, blood tests and scans, which may also cause the woman receiving treatment to suffer side effects.
A woman is not entitled to time off for antenatal appointments for this, as she is not pregnant, nor is there any legal requirement to treat IVF appointments as medical appointment or sickness. Many workplaces therefore do not offer any time off, leading employees to use holiday entitlement. ACAS states that most employers should treat IVF appointments as any other medical appointment or sickness, but as there is no legal requirement to do so, many workplaces don’t.
Ms Aiken will ask the government to introduce a legal right to time off for medical appointments in the early stages of IVF, through a Private Member’s Bill due to be tabled in the new parliamentary session.
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Spain – Bill Passed to provide Paid Leave for Menstrual Health
The Council of Ministers in Spain announced their intention to legislate on the option of paid leave for menstrual health, allowing those with a doctor’s note to take 3 days sick leave, up to a maximum of 5 days where the pain is particularly intense or incapacitating. However, the proposed legislation is not intended for use by those with “mild discomfort”.
The period of sickness absence would be paid for by the state, not the employer, to assist around a 1/3 of menstruating women who suffer with severe pain. The bill is yet to be approved by a vote in Parliament which is not expected for a few months. This change, if the law is passed, would be the first of its kind in Europe and may encourage other European countries to follow suit.
However, this move has divided the opinions of politicians due to concerns that it may in fact stigmatise women and prevent their opportunities in the workplace if this change results in employers favouring recruitment of male staff.
https://www.lamoncloa.gob.es/lang/en/gobierno/councilministers/Paginas/2022/20220517_council.aspx
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AOB
Whilst our primary aim is to bring you the latest updates on issues and changes in employment law and HR, we understand that businesses have other requirements from time to time and would like to take this opportunity to remind you that our firm offer other services that can support you:
Medical Negligence Team
You’ve been through enough, we’ll take it from here and fight for what you deserve.
Treatment by doctors, midwives, nurses, or other practitioners occasionally goes wrong, causing pain, injury, disability and financial loss. Our specialist medical negligence solicitors have the expertise to investigate medical negligence claims and get you answers and the compensation and care package you deserve.
The reputation of our highly experienced medical negligence lawyers comes from success. Our specialist team combine legal and medical expertise with compassion, knowledge and understanding to successfully guide our clients through clinical negligence claims.
We are one of a select few West Yorkshire solicitors’ practices to be accredited by the Legal Aid Agency and the Law Society to deal with medical negligence claims. We are members of the Law Society Clinical Negligence Panel and Action Against Medical Accidents (AVMA). We are one of the few local firms authorised to deal with Legally Aided cerebral palsy and birth injury cases.
Initial advice is free, whether in person, by telephone or by e-mail. We will advise on possible funding options, including a Conditional Fee Agreement (also known as “No Win, No Fee”) or Legal Aid in the case of birth injuries.
To get in touch, please email medical@chadlaw.co.uk to see how we can advise you today.
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