As the shutters & umbrellas close at Carluccio’s, Ian Smith reflects on how the current emergency is starting to throw up case law on areas of potential conflict with standard tenets of employment law
In brief
- Variation of contract and the government furloughing scheme.
- Re-engagement if not the best candidate for the available job.
- Duty to make reasonable adjustments and its application to electronic working.
The last month has seen further specific legislation to deal with the coronavirus emergency, in particular amending the rules on statutory sick pay again to deem very vulnerable people in preventive lockdown to be incapable of work and providing that furloughed employees on 80% of earnings can count their previous earnings if claiming statutory maternity pay, statutory paternity pay, statutory shared parental pay or statutory parental bereavement pay. This emergency is also starting to throw up case law on areas of potential conflict (or at least awkward overlaps) with standard tenets of employment law. The first case here is one such, arising out of the collapse of Carluccio’s restaurants and involving
