Squire Patton Boggs’ Summer Associate Sam Triplett discusses a recent federal appeals court decision addressing the scope of Minnesota’s employment discrimination statute. Competing Beliefs The tensions between science and religion started long before the COVID-19 pandemic. Just ask Galileo. However, the pandemic brought this struggle to the forefront, especially in the workplace. At a time … Continue Reading
You’ve just been informed that an employee who apparently contracted COVID-19 from an exposure in your workplace brought the virus home, and now his spouse, who is in a high-risk category, has contracted the virus and is in the hospital. Do you as the employer face potential liability for the spouse’s illness? More than two … Continue Reading
At our webinar earlier in the month (essentially, Life after Covid plus New Proposals) I promised as usual to respond to participant questions via this blog. Here is the first. Please don’t write in and tell me that Covid isn’t over – I know, but that would be a politically inconvenient truth at present so for … Continue Reading
So you have finally introduced a no-jab, no entry policy in your workplace and now the government seems intent on pulling the rug on the whole thing by agreeing that even workers with some of the UK’s most vulnerable people don’t need to be vaccinated after all. If they don’t need the jab, on what … Continue Reading
So is that it, then? Is Covid behind us for all practical purposes in England, no masks, no working from home, no vaccination passes, all going or gone? Or, in nearly the words of Mark Twain, are reports of the death of Plan B greatly exaggerated? Obviously, no one would suggest any connection between this … Continue Reading
In the wave of sunny optimism following the roll-out of our vaccination programme this spring-summer, few people in Belgium had anticipated that the Covid situation would worsen again, or do so as quickly as it has. And yet the numbers of infections and patients in intensive care are now at an all-time high. New stricter … Continue Reading
At the end of our What Next webinar this week I announced boldly that either we had had no questions from the floor or I had done something hideous to the IT and lost them. With depressing predictability it was the latter, sorry. In fact we got a good score of questions across a wide range … Continue Reading
With the end of the Coronvirus Job Retention Scheme now only half a dozen weeks away we are seeing the first reported Employment Tribunal decisions around the interplay of the CJRS and redundancy dismissals. This brings us the beginnings of an answer to the challenge many employers will have faced since the Scheme was introduced … Continue Reading
At the risk of kicking in an open door, working from home and the return to the office has become this summer’s hot topic. In Belgium the pandemic has meant that working from home where you could was mandatory until the end of June. Employees are now gradually returning to the workplace but surveys show … Continue Reading
So there it is. Subject to a final review next week, said the Prime Minister last night, it will no longer be necessary for the government to instruct people to work from home. From 19 July, all businesses can re-open, no‑one has to wear a mask or stay more than a metre from others and … Continue Reading
Over 700 people signed up to our Handling Grievances webinar last week, reinforcing our view that the return to the workplace (RTW) process is going to be a fertile breeding ground for such complaints by employees, some around new working conditions, some alleging health and safety failures and others just to vent minor unhappinesses and … Continue Reading
In line with the impending movement back to the physical workplace comes some updated Acas guidance around consultation with your workforce about preventing the Coronavirus in the process. The line between communication and consultation in the guidance is not always clearly marked, but that should not be an issue in view of Acas’s injunction that … Continue Reading
It’s not natural for our freedoms and permissions to be limited in the way they have been since last March, so whatever one’s own views, it is hardly surprising that some have found those restrictions hard to swallow and have railed against COVID-19 related rules, state imposed or otherwise. The requirement to wear masks in … Continue Reading
Here are answers to two more of the questions which came up at our webinar last week, this time dealing with employee resistance to workplace Covid testing and the wisdom or otherwise of agreeing to post-lockdown WFH without formal changes to terms of employment. If an employee refuses to be tested at work, how should … Continue Reading
As we saw the covid graphs get steeper each day of last week, it is no real surprise that the Belgian government has now announced a new “Easter lockdown” for the next four weeks. Schools will close as of this Friday for an extended Easter break, that increasingly imperative haircut will have to wait another … Continue Reading
As attention turns increasingly to the practicalities of the physical return to the workplace in what may be little over 3 months, questions of employers’ rights and obligations in relation to testing and vaccination are becoming more common. These are vexed areas which can easily put common interest into conflict with civil liberties. Just how … Continue Reading
So there it is, Boris’s long-heralded 4 Step plan for the country to move forward into our new future. Lots of statistics, cautions and caveats, but what does the 60-page “COVID-19 Response – Spring 2021” document presented to Parliament yesterday contain for employers? Is there anything new or is it, like the paper the original … Continue Reading
In order to ensure that as many people as possible are vaccinated, the trade unions and the employers’ organisations in the National Labour Council have agreed that employees will be allowed to take the necessary time off to be vaccinated. If enough vaccines are available, at-risk patients will be vaccinated from April onwards and the … Continue Reading
So here we are all again and, says the Government’s latest guidance, able to leave home to work only where it is “unreasonable for you to do your job from home“. This is the umpteenth permutation of the same underlying message about working from home if you can, and was almost certainly meant to say … Continue Reading
In a previous blog we noted that as of November 2020, Belgium would again be in semi-lockdown and that one of the measures re-imposed was the obligation to work from home, unless this is realistically impossible. Employees whose work requires them to go the office need a confirmatory certificate from their employer attesting to this … Continue Reading
So we hear by Twitter on Thursday last week that from the crack of dawn on Saturday just gone, “high-value business travellers” are partially exempt from self-isolation requirements when entering or returning to England. A number of media, arts and sports roles have been granted an exemption also. “Conditions apply”, it said, and so they … Continue Reading
In the earlier parts of this blog series (part 1 & part 2) we saw that for the most part, asking your employees to take the covid-19 vaccination will be a reasonable management request and that their refusal to do so will usually be deemed unreasonable at law. Against that background, how should the employer … Continue Reading
So a government-approved vaccination becomes available and you really want your employees to take it. Can you just insist, or does the development of the vaccine turn out to have been the easy bit? Here and in further posts to follow shortly are some headline thoughts on the point. Please note that these will be … Continue Reading
Time to answer another interesting question which came up at our Managing Working Parents webinar a couple of weeks ago: Where the employee is unable to come into work for childcare reasons, what are my duties to provide him with work suitable to be done from home? This was a question which we might have … Continue Reading
