COVID-19

We have collated some questions employers are asking in connection with their obligations to employees during the current public health emergency. Click here to access the briefing, which we are updating regularly.

Cause and effect – behaviour during meeting not separable from complaints

In Riley v Belmont Green Finance Ltd the EAT concluded that a worker's behaviour during a meeting was not separable from the complaints he had made, so the decision to terminate his assignment was capable of being a whistleblowing detriment. However, the claim failed because the worker had not made a protected disclosure.

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Tell the truth – employer entitled to dismiss for dishonest investigation report

An employer was entitled to dismiss an employee for submitting a dishonest investigation report, according to the EAT in Human Kind Charity v Gittens. The right not to incriminate oneself did not apply where the employee had chosen to respond in a way that was not true and she had not been wrongfully dismissed.

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Other developments

There have been some non-COVID 19 related developments this week. The IR35 private sector reforms have been delayed by a year and the government is consulting on carer's leave.

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