This week Daniel presents a bitesize update on the recent changes in employment law here.

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

ACAS publish long COVID advice for employers and workers

It is by the Office for National estimated that over 1 million are suffering from long COVID. NHS guidance has confirmed that symptoms of the condition include fatigue, chest pains and problems with memory and concentration. ACAS have recommended that once a worker has received a diagnosis of long COVID, support is offered to individuals to offer flexible working and consider any other appropriate reasonable adjustments.

https://www.acas.org.uk/acas-publishes-new-advice-for-employers-and-workers-suffering-the-effects-of-long-covid

Publication of new guidance on calculating national minimum wage for sleep-in workers

Following the Supreme Court’s decision in Royal Mencap Society v Tomlinson-Blake and others [2021],

the guidance for calculating national minimum wage (“NMW”) for sleep-in workers has been clarified. The guidance now confirms that NMW regulations only apply when the workers are awake with the purpose of working and not during periods when they are permitted to be asleep. Examples explain whether a worker would be entitled to NMW in 5 different circumstances.

https://www.gov.uk/guidance/calculating-the-minimum-wage/calculating-the-minimum-wage

Withheld payments of allowance to employee on maternity leave found not to be direct sex discrimination.

The Court of Appeal have decided in Commissioner of the City of London Police v Geldar that the police force did not directly discriminate against the Claimant by withholding allowance payments during her maternity leave.  Whilst it was accepted that the employee was entitled to the payments, the Court of Appeal accepted the reason was she not paid the allowance were simply because she was absent from work, not specifically that she was on maternity leave. The reason for withholding the money was therefore not found to have been related to her sex and her discrimination claim was dismissed.

https://www.bailii.org/ew/cases/EWCA/Civ/2021/611.pdf