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Editor's note

Posted on 8 March 2022

Daniel Naftalin - Mishcon de Reya

Welcome to the March 2022 edition of Employment Matters: our round-up of the latest developments in employment law and key issues affecting employers and HR professionals.  

Despite the release of the Government's "Living with COVID-19" plan (see here for further details), the pandemic continues to dominate the legal, commercial and political spheres. In this edition, we review the first employment tribunal case to consider whether a fear of catching COVID-19 is a "philosophical belief" under the Equality Act 2010. We also examine the increasing lengths to which employers are going in order to maintain a stable and incentivised workforce, with articles on the rise of the four-day week and the implications of cutting sick pay for unvaccinated workers. Another key Covid-related story of the past few weeks has undoubtedly been "Partygate" and we consider what employers can learn from Sue Gray's report when conducting their own workplace investigations.     

Turning away from the pandemic, our Incentives Team reviews updated guidance from the three most influential shareholder organisations on the question of executive remuneration at UK listed companies. And finally, we discuss the Court of Appeal's recent decision in Smith v Pimlico Plumbers on the scope of the right to indefinite carryover of holiday pay. It has been our privilege to act for Pimlico Plumbers since 2011 in this long-running litigation which has forged new legal ground in relation to, first, worker status and, now, holiday pay.

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