Welcome to August's newsletter

This month’s newsletter features updates on the latest experiences of 3PB barristers in tribunal hearings during the COVID-19 pandemic; guidance produced by the Judicial College on remote hearings; an appeal watch; an update on the latest in our series of webinars; and various case law updates.

Tribunals update

It has now been a full month since tribunals reopened their doors to in-person hearings on 29 June 2020.

Gareth Graham provides an update of what has changed since the reopening.

Evaluation of court and tribunal video hearings

Following the publication of an independent evaluation of HMCTS video hearings; Gareth Graham briefly compares the 3PB team's experiences with the research's key findings.

Judicial College issues guidance on remote hearings

The Judicial College Equal Treatment Bench Book has issued guidance for judges on the conduct of remote hearings. Gareth Graham outlines its key findings.  

Appeal watch

Gareth Graham reports on two important appeals which took place this month. Both were live-streamed from the Supreme Court and the judgments will be promulgated later in the year.

Employment webinar brought to you by video

Naomi Webber and Katherine Anderson broadcast a webinar on 9 July 2020 in which they discussed Religion and Belief in the Workplace, the issues arising and the implications of relevant case law. If you missed it, the webinar can be viewed here.

New law to ensure furloughed employees receive full redundancy payments

In addition to all the Treasury guidance on the Coronavirus Job Retention Scheme, furloughed employees should now receive statutory redundancy pay based on their normal wages, rather than a reduced furlough rate, under legislation which came into force from 31 July. The changes will also apply to statutory notice pay. Click here to view the new Employment Rights Act 1996 (Coronavirus, Calculation of a Week’s Pay) Regulations 2020.

Can a Tribunal use the “but for” test to determine unfair treatment arising from disability?

Katherine Anderson reviews Robinson v DWP, a recent Court of Appeal decision, which has particular relevance for cases where a disabled Claimant complains that a failure to make adjustments for them has caused them undue stress and suffering.

View Katherine's profile here

Workers status sent spinning

In Varnish v British Cycling, we are yet again reminded that worker status decisions are very much determined on a case-by-case basis. 

View Naomi's profile here

Was an employee who resigned as a result of a restructuring exercise constructively unfairly dismissed?

Argos Ltd v Kuldo outlines the importance, in any restructuring exercise, of proper consultation, thorough assessment of roles, and the appropriate handling of any employee grievances and appeals.

View Katherine's profile here

Is it an error of law to consider the requirements of s6 EQA in a sequential order?

In Khorochilova v Euro Rep Ltd, we are reminded that a tribunal ought not to focus too much on the impairment itself, especially in a case in which identifying the nature of the impairment is difficult. The central issue is that of the adverse effect.

View Sarah's profile here

Look out for our next case law update

Richard Owen-Thomas and Gareth Graham analyse the latest employment cases. Look out for a link to the recording next week.

Meet the team

3PB’s employment law group offers expert advisory and advocacy services to private and public sector employers across all areas of employment law including unfair dismissal, discrimination, equal pay, industrial disputes, executive contracts, wrongful dismissals, restrictive covenants, whistleblowing, TUPE, injunctions, pensions disputes and disciplinary proceedings.