Hot topics - November 2020

Acas guidance on COVID and mental health

Corporate fee earners 2023

Acas has published guidance which employers should consult when thinking of ways to support the health and wellbeing of employees during the pandemic. It contains some basic pointers for managers, such as ensuring they regularly schedule 1-1s, ask employees how they are feeling, learn how to spot signs that someone is not coping and providing ways for employees to keep in touch with each other.

While return to work has receded for most (at least until the end of March 2020), it becomes all the more important for employers to keep mental health high up the agenda. It is also part of an ongoing duty of care owed by employers and steps taken in this regard should be documented.

Mind has also produced a template which it encourages employees to fill out and share with managers, setting out their own commitment to their mental health, steps they can take to boost wellbeing (such as taking regular breaks and having daily remote contact with others), and identifying triggers and warning signs that they may not be coping.

Uber drivers to challenge use of automated systems in firing drivers

The App Drivers & Couriers Union (ADCU) recently filed a case with a court in the Netherlands seeking to challenge Uber's practice of using automated systems to identify fraudulent activity and terminate drivers based on that analysis. Under EU data protection law individuals subject to solely automated decisions have a right to request a human review. Uber drivers in the UK and Portugal argue that they have been wrongly accused of fraudulent activity detected by Uber automated systems and fired without the right of appeal. Uber contends that the drivers' circumstances had been reviewed by specialist staff prior to the decision to let them go.

In the Press

Cyberbullying: COVID and beyond

In an article which first appeared in The Employment Law Journal, Sean Nesbitt discusses the growing risk cyberbullying and the prevention measures which employers can use to minimise the risk of it occurring.

Remote work and the risks of employee surveillance

Joe Aiston and Alexander Barnett comment on this issue in an article which was published in Workplace Insight.

Can employers forbid use of the Test and Trace app at work?

Introduced on 24 September, many welcomed the Test and Trace app’s arrival as another step to contain the spread of COVID-19, while others were concerned about using it for data and privacy reasons. Helen Farr explores the potential legal implications for companies preventing staff from using the app while at work in an article which was first published in People Management.