News

16/06/2020

Event: Ben Collins QC & Betsan Criddle speak at OSC ‘The Consequences of Covid’ seminar two

News, Events

Ben Collins QC and Betsan Criddle spoke today to a virtual audience of hundreds of employment lawyers on the topics of ‘Human Rights in the post-pandemic Workplace’ and ‘the Coronavirus Job Retention Scheme and Collective Redundancies’.

Ben Collins QC in his talk addressed:

1. The legal framework of the Human Rights Act 1998;
2. The Divisional Court’s decision on the JR of the CJRS – R (Adiatu) v HM Treasury;
3. The effects of the pandemic on workers – an overview of the literature on the disparate impact of the pandemic on those in precarious work;
4. The disproportionately greater rates of infection and morality in respect of those from BAME backgrounds;
5. The nature of Article 14 ECHR as it applies to worker status;
6. Article 2 ECHR and the positive duty to protect life;
7. The ambit of Article 8 and the pandemic;
8. The margin of discretion, policies which are manifestly without reasonable foundation and the pandemic – lessons from Adiatu; and
9. A new approach to indirect discrimination and human rights – thoughts for the future.

Betsan Criddle in her talk addressed:

1. The rationale of the CJRS;
2. The relevance of furlough status to the assessment of fairness of dismissals for redundancy/SOSR;
3. Potential risks to employers of selecting those on furlough for redundancy;
4. The differing definitions of redundancy within TULRCA 1992 as compared to the ERA 1996;
5. The s.188 TULRCA 1992 legal duty to consult and the issue of whom the employer must consult;
6. The consultation trigger – when does consultation start – and changes in numbers mid-consultation;
7. The content of consultation and the provision of information, including non-disclosure agreements and their implication for meaningful consultation;
8. Consultation during the pandemic and how to do it, especially if union representatives and / or staff are on furlough;
9. How the pandemic might affect the defence of special circumstances in s.188(7) TULRCA 1992; and
10. The particular issue of changes to terms and conditions in the context of the pandemic.

If you would like to instruct Ben or Betsan in connection with the content of their talks then please email clerks@oldsquare.co.uk for further information.