Here are our top picks of the latest employment law developments from an unusually busy summer that may affect your business.

Our top 10 picks are:

Case law updates

1. COVID-19 "paid Special Leave" not discriminatory
2. TUPE: SPC activities pre and post transfer fundamentally different
3. Philosophical Belief Discrimination: further extension of gender critical belief
4. Unfair dismissal: scope of 'political opinion' dismissals
5. Fraud: "The Thief, His CV and the NHS Chairs"

Government consultations & proposed legislation

1. Protection from Redundancy (Pregnancy and Family Leave) Bill
2. Employment status
3. Public sector exits

Hot topic news

1. Zero hour contracts
2. Real Living Wage

1. COVID-19 "paid Special Leave"

Employer's special leave policy during COVID-19 pandemic was not discriminatory

As the furlough scheme was not an available option for every employer during the pandemic, some employers put in schemes to support employees who, for reasons of shielding or childcare, were unable to attend work and unable to work from home. The Scottish Fire and Rescue Service did just that. They put in place paid special leave which enabled such employees to take paid leave on an indefinite basis subject to the requirement that they first exhaust any accrued time off in lieu (TOIL) and annual leave.

Did the preconditions of first needing to exhaust accrued TOIL and annual leave turn an otherwise generous paid leave scheme into one which amounted to:

• "unfavourable treatment" giving rise to...

Read Full Story: https://www.mondaq.com/uk/employee-benefits-compensation/1229500/employment-e...