No images? Click here Issue 38Welcome back to 'Five from 5 Essex Court' the employment law e-bulletin created by our highly regarded employment team. The bulletin is published in association with Bloomsbury Professional.Fair dismissal after employee refused to work during COVID pandemic In Miles v Driver and Vehicle Standards Agency, the EAT confirmed that an employment tribunal was correct to reject the health and safety detriment and dismissal claims of an employee with chronic kidney disease who refused to return to work during the COVID pandemic ... Vicarious liability – What is the legal test? Under the doctrine of vicarious liability, an employer can be held responsible for a wrongful act carried out by an employee – or by someone whose role is "akin" to that of an employee - even where the employer has done no wrong itself ... Tribunal should not extend time where late submission of the claim is due to a solicitor’s error In BLISS Residential Care Ltd v Fellows, the EAT held that an employment tribunal should not have accepted a late unfair dismissal claim where the lateness was due to errors made by the claimant’s solicitor ... Presentation of a claim by a vexatious litigant is deemed a nullity In Williamson v Bishop of London and ors, the Court of Appeal held that an age discrimination claim presented to the employment tribunal by an individual who was already subject to a civil proceedings order (CPO) was a nullity ... ‘Smarter Regulation to Grow the Economy’ The above titled policy paper published by the Department for Business and Trade on 10 May 2023 sets out new employment law measures intended to cut costs to business ... Editor: Dan Hobbs is a barrister at 5 Essex Court. He specialises in employment law and disciplinary hearings. |