- Employment weekly highlights—14 January 2021
- In this issue:
- Forthcoming developments
- 2021—What to expect in employment law
- Coronavirus (COVID-19)
- All international arrivals to have coronavirus (COVID-19) test pre-entry
- Government updates guidance on working safely amid coronavirus (COVID-19)
- HMRC clarifies when employer can claim under Coronavirus Job Retention Scheme for employee unable to work due to caring responsibilities
- Health Protection (Coronavirus, International Travel) (England) (Amendment) (No 2) Regulations 2021
- Health Protection (Coronavirus, International Travel) (England) (Amendment) Regulations 2021
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- Health Protection (Coronavirus, International Travel) (Wales) (Amendment) Regulations 2021
- Health Protection (Coronavirus, International Travel and Restrictions) (Amendment) (Wales) Regulations 2021
- Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 3) Regulations 2021
- Health Protection (Coronavirus) (International Travel) (Scotland) Amendment (No 2) Regulations 2021
- Health Protection (Coronavirus) (International Travel) (Scotland) Amendment Regulations 2021
- Health Protection (Coronavirus) (Restrictions and Requirements) (Local Levels) (Scotland) Amendment (No 11) Regulations 2021
- Health Protection (Coronavirus, International Travel) (Amendment No 2) Regulations (Northern Ireland) 2021
- Health Protection (Coronavirus, International Travel) (Amendment) Regulations (Northern Ireland) 2021
- Brexit
- Retained EU law—a guide for the perplexed
- Relevant separation agreement law—a guide for the perplexed
- National Insurance and social security—Brexit transition guidance reissued post-IP completion day
- Employment contract
- Documents not seen by the claimant carry little weight when determining identity of employer
- Equality
- EAT finds inability to grant interim relief in discrimination claims unlawful
- The Independent Human Rights Act Review publishes a call for evidence
- Trade unions and industrial action
- Purpose of detriment for taking part in union activities is a subjective question
- Practice, procedure and settlement
- Employment tribunal may order a detailed costs assessment with a maximum cap based on ability to pay
- ET Presidents: tribunal hearings generally to be held remotely during lockdown
- Updated guidance on attending a tribunal or court hearing amid coronavirus (COVID 19)
- Coronavirus (COVID-19)—UKSC announces building closure
- Coronavirus (COVID-19)—HMCTS publishes updated operational summary for week commencing 11 January
- New and updated content
- New content
- Updated content
- Daily and weekly news alerts
- Dates for your diary
- Trackers
- New Q&As
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Article summary
This edition of Employment weekly highlights includes: (1) a look ahead at potential employment law developments and cases to watch in 2021 by Innes Clark of Morton Fraser, (2) an announcement that all international arrivals to England must present a negative coronavirus test, (3) updated guidance on working safely during coronavirus following the national restrictions, (4) an analysis of HMRC guidance on when an employer can claim for an employee who is unable to work because they have caring responsibilities, (5) various coronavirus health protection amendment regulations relating to restrictions and international travel, (6) analyses of ’retained EU law’ and ‘relevant separation agreement law’ by Jack Williams of Monckton Chambers, (7) guidance on national insurance and social security post-IP completion day, (8) an EAT judgment on the weight held by documents not seen by the claimant when determining the identity of an employer, (9) an EAT decision on the lawfulness of the inability to grant interim relief in discrimination claims, (10) a public call for evidence in the Independent Human Rights Act Review, (11) an EAT judgment on how to determine the purpose of a detriment for trade union activities, (12) a Court of Appeal decision on applying a cap when ordering a detailed assessment of costs in the employment tribunal, (13) messages from the Presidents of the Employment Tribunals in England and Wales and in Scotland on remote hearings, (14) updated government guidance for those attending tribunal hearings, (15) an announcement that all hearings in the Supreme Court are likely to be conducted virtually until at least 31 March 2021, (16) the weekly operational summary from HM Courts and Tribunals Service, (17) details of our new Practice Note on the coronavirus national lockdown restrictions from 6 January 2021, (18) dates for your diary, (19) updates to our case, legislation and consultation trackers, and (20) a new Q&A.
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