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HR Insights – December 2020

15 December 2020

All the latest legal news & insights for HR professionals.

We have seen a number of interesting cases over the past few months, ranging from health and safety protection from detriment extending to workers to further guidance on when age discrimination can be justified.  In addition we have seen a further extension of the Coronavirus Job Retention Scheme, the new Skilled Worker visa and a consultation on non-compete clauses.  We hope you enjoy our HR Insights which will bring you up to speed with the latest developments.

Acas Early Conciliation: Changes to procedure as of 1 December 2020

With Acas Early Conciliation being the starting point for claims brought in the Employment Tribunal, parties should be alive to the key changes in procedure, which came into force on 1 December 2020. Read more > 

New Skilled Worker visa now up and running

As we move into the final month of the transitional period before Brexit actually takes full and unequivocal effect the Home Office have introduced the new amended points-based system for skilled migrants, with applications under the revised Tier 2 available to be made from 1 December 2020. Read more > 

CJRS: Treasury Direction published and important change to notice provisions

With effect from 1 December 2020, the CJRS can no longer be used to cover pay during notice periods. Read the latest update on the scheme from our employment law experts. Read more > 

Cost plus: When can indirect age discrimination be justified?

A recent Court of Appeal judgment confirms that saving costs alone cannot be enough to justify a legitimate aim for something that would otherwise amount to indirect discrimination on the grounds of age. Read more > 

Health and safety: Protection from detriment should extend to workers

In the case of R (on the application of the Independent Workers' Union of Great Britain) v Secretary of State for Work and Pensions and another the High Court has held that the UK government has failed to properly implement Article 8(4) and 8(5) of the EU Health and Safety Framework Directive. Read more >

Government consultations: Post-termination non-compete restrictions and exclusivity clauses

The Government has launched two key employment consultations seeking views on both non-compete restrictions and exclusivity causes. Read more > 

Collective consultation: When is the duty triggered?

In the case of UQ v Marclean Technologies the European Court of Justice (ECJ) has held that when determining whether the threshold for collective redundancy consultation has been triggered, the reference period must be calculated taking into account any period of 30 or 90 consecutive days (90 days in the UK) during which an individual dismissal took place. Read more >

Further Reading