Although the COVID-19 pandemic still dominates the agenda, the employment law landscape continues to evolve. This article reviews the significant developments in 2020 (eg, the establishment of the furlough scheme and various other emergency measures) and looks ahead to what is on the horizon for employment law in 2021 (eg, the IR35 reform, the possible introduction of the new Employment Bill and the impact of the Brexit trade deal).
With the end of the Brexit implementation period comes the end of the free movement of persons. This is the case irrespective of the fact that the United Kingdom has secured a trade deal with the European Union. Employers and individuals must digest what the new immigration rules look like, both for EEA and Swiss nationals (aside from Irish nationals) wishing to come to the United Kingdom and British nationals wishing to go to the continent.
The United Kingdom and the European Union have published their Trade and Cooperation Agreement. As predicted, in return for a tariff and quota-free trade deal, the United Kingdom has agreed that it will not reduce employment law rights below the standards that existed on 31 December 2020 – but only if this affects trade or investment. This article assesses the implications that the deal might have for employment law.
On 10 December 2020 the United Kingdom opened up a process for EEA nationals to apply for a frontier worker permit. This will allow some cross-border commuters who work in the United Kingdom but live abroad to continue their working pattern after the end of the Brexit transition period.
This article explores the growing phenomenon of 'long COVID' – the continuation of serious symptoms and effects for a significant period after a person's initial COVID-19 infection and illness. People who suffer from long-term health conditions may be 'disabled' in law and so protected from discrimination under the Equality Act. This article considers whether long COVID could amount to a disability for these purposes and the potential consequences for employers more generally.