Break on Workplace Laws | Update on Covid-19, Focus on Employment Tribunal, Leveraging Salary Sacrifice for Pensions, and the Recent Holiday Pay Decision
In the wake of the government's Covid-19 spring roadmap, employers are being urged to create accessible, inclusive, and supportive work environments for employees with disabilities. The Centre for Social Justice (CSJ) report "Now is the Time" emphasizes the importance of this approach, recommending flexible and recovery-friendly workplace models, centring disability inclusion policies, providing individualized accommodations, and engaging with employees to assess needs.
The report highlights best practice models such as the Michigan Recovery Friendly Workplace initiative, which promotes safety, positivity, and productivity by removing barriers and offering resources for affected staff. It also underscores the need for anti-ableist workplace cultures, as exemplified by Disability Cultural Centers like the one at UIC.
As the clinically extremely vulnerable (CEV) in England prepare to no longer shield from 1 April, employers are still advised to take extra precautions to protect all employees, including those with disabilities. The official government guidance recommends risk assessments considering individual vulnerabilities, access to Personal Protective Equipment (PPE), vaccination encouragement, and ventilation improvements.
Meanwhile, the Employment Bill, announced at the end of 2019, plans to introduce a single body to enforce workers' rights, including whistleblowing protections. Phillip Chivers, who leads the Employment Tribunal Management service, has discussed the impact of the Covid-19 pandemic on claims in practice and provided practical steps for employers faced with a claim.
Recent Employment Appeals Tribunal (EAT) decisions have clarified the right of a worker to claim for unpaid holiday pay. Claims need to be brought within three months from the date the payment should have been made, and an employee's recourse is a right to claim for loss of pay under the Working Time Regulations (WTR) and/or for an unlawful deduction of wages under the Employment Rights Act 1996 (ERA).
The EAT has also provided clarifications on previous holiday pay decisions, distinguishing cases like King v Sash Windows, where a worker who had not been paid and not taken holiday was allowed to make a claim going back over many years.
Businesses can register to order free rapid lateral flow coronavirus tests for their workforce by 31 March. The Supreme Court is due to hear an appeal on 22 July 2021 in East of England Ambulance Service NHS Trust v Flowers regarding the extent to which voluntary overtime counts towards normal remuneration for calculating holiday pay.
In summary, employers are encouraged to combine government Covid-19 workplace safety principles with disability-inclusive policies that address both physical safety and broader mental health and social inclusion needs, using flexible accommodations and proactive support to ensure a safe and equitable return.
- Employers should consider employing financing solutions to implement employment law changes, such as allocating resources for disability inclusion policies and investing in training to create accessible work environments.
- As the government intends to introduce a single body to enforce workers' rights, businesses must stay updated on employment law changes, including clarifications on holiday pay and upcoming decisions regarding normal remuneration for calculating holiday pay.
