This week’s video explores the proposed final stage of lockdown lifting on 19th July and the employment law implications of the same here.

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

Adequacy decision granted by EU to UK

The Department for Digital, Culture, Media and Sport announced on 28 June 2021 that the European Union has adopted an Adequacy Decision which will allow data to “continue flowing freely into the UK”. This means your business can continue to receive personal data from the EU and EEA without having to put additional arrangements in place with European counterparts. It is worth remembering that, whilst this ensures that data can flow freely between the European Union/EEA and the UK, this does not mean that data protection standards in the UK have dropped, and you are still required, as a business, to fulfil your GDPR obligations.

https://www.chadwicklawrence.co.uk/news/adequacy-decision-granted-eu-uk/

Tribunal allow an out of date ET3 to be submitted after not receiving the claim whilst in lockdown

In Fyfe v Arcadis Human Resources Ltd, the Claimant submitted a claim for breach of contract and discrimination at the start of the first Covid-19 lockdown. Despite having operational post at the time, notification of the claim was not received by the Respondent company. Prior to the final hearing listed in July 2020, the Claimant emailed the company copies of evidence he intended to rely on and the company immediately instructed solicitor’s to apply for an extension for their defence. The tribunal allowed the defence to be submitted out of time due to the unprecedented times and the fact that the company had acted so quickly once they were aware of the claim.

https://assets.publishing.service.gov.uk/media/607ee7b5e90e076aa7da98ff/Mr_J_Fyfe_v_Arcadis_Human_Resources_Ltd_-_4102033.20_-_Fair.pdf

Employee automatically unfairly dismissed after staying in Italy at the outbreak of the pandemic

In Montanaro v Lansafe Ltd, the Claimant has travelled to Italy in order to attend his sister’s wedding. Whilst in Italy, the country entered into a national lockdown and the Claimant was unable to travel home. Whilst in Italy, the Respondent company wrote to the Claimant’s address in London to advised that he had been dismissed for taking unauthorised leave, despite the Respondent’s client asking the Claimant to continue working remotely for them. The tribunal found that the Claimant was automatically unfairly dismissed as he had taken steps to protect himself from danger that he believed was serious and imminent.

https://assets.publishing.service.gov.uk/media/607d71cb8fa8f573570f6b53/Mr_C_Montanaro__vs_Lansafe_Limited_.pdf

Report published on removing barriers for those in low-paid sectors

This month, the Department for Work and Pensions have published their report, Supporting progression out of low pay: a call to action. The report addresses people in low-paid sectors who find it hard to progress and stay in higher earning work. Employers are encouraged to minimise and remove barriers such as lack of skills, logistical challenges and lack of suitable childcare arrangements. The report recommends that the government should work closely with employers to support monitoring individuals progress over time and how to increase transparency on this topic over time.

https://www.gov.uk/government/publications/supporting-progression-out-of-low-pay-a-call-to-action/supporting-progression-out-of-low-pay-a-call-to-action