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23/06/2020

Event: Simon Cheetham QC & Adam Ross speak at OSC ‘The Consequences of Covid’ seminar three

News, Events

Simon Cheetham QC and Adam Ross spoke on Tuesday 23rd June to a packed virtual audience of hundreds of employment lawyers on the topics of “Health and safety and employment rights in the context of Covid” and “The implied term of trust and confidence and Covid-19”.

Simon Cheetham QC, in his talk, addressed:

1. The Government guidance (both general and sectoral) on health and safety in the workplace in light of Covid 19.
2. The interplay between that guidance and extant employment rights.
3. The HSE, ACAS and ILO guidance on safe working during the outbreak and the return to work.
4. The statutory and common law framework of employment rights relevant to Covid 19 including the Framework Directive, the Employment Rights Act relevant cases.
5. What constitutes a reasonable belief on the part an employee asserting they are exposed to imminent danger at work entitling them to leave the workplace.
6. Practical problems raised by Covid 19, in relation to consultation, sharing risk assessments, whether employees are entitled to refuse to return to work, vulnerable employees (including those with protected characteristics), whether an employer can insist upon testing, the obligation to provide PPE, employer’s obligations regarding travel to work, safety waivers, responsibility for the mental health of employees.
7. Lastly, the possible (welcome?) end of the hot desk.

Adam Ross, in his talk, addressed:

1. The nature of the implied term and its two limbs;
2. Lessons from the case law on the implied term, particularly its application to disciplinary and grievance processes;
3. Areas of potential disagreement arising from Covid-19
4. Tips for employers and employees in light of the implied term; and
5. The relevance of a “last straw” to Covid-19 resignations.