CPA Bulletin

www.cpa.uk.net CPA Bulletin > August 2022 39 LEGAL: 2 A landmark Employment Tribunal ruling has given an employee permission to bring a case of disability discrimination against his former employer for ‘long-COVID’. The first public case of its kind concluded that COVID-19 had rendered the employee with ‘substantial and long-term’ side effects which left him unable to complete simple household work and go to work. Following the conclusion of a preliminary case to determine if he was legally disabled, the employee’s case against his employer can now proceed to a full hearing. This follows the Equalities and Human Rights Commission (EHRC) decision in May 2022 that the condition should not be treated as a disability. In situations where an employee is suffering from a disability, the employer is required to make reasonable adjustments so that the employee can carry out their work without disadvantage. In light of the Employment Tribunal’s decision, not all cases of alleged ‘long-COVID’ will now automatically be ‘given’ disability status, as each case will be decided on its own merits. Members will be informed of any developments concerning this, and other similar cases. Worker successfully claims ‘long-COVID’ as a disability All new properties built in England from 2022 onwards will have to have an Electric Vehicle (EV) charging point installed as standard. This includes all new homes and non-residential buildings such as supermarkets and offices, as well as substantially renovated buildings with more than 10 parking spots. The government hopes that the new legislation will help boost the number of EV chargers available to the public and further accelerate the uptake of electric vehicles, before the proposed ban on the sale of new diesel and petrol cars in 2030. New buildings in England to have compulsory built-in EV chargers Plug-in Car Grant Scrapped On 14th June 2022, the Government scrapped the ‘plug-in car grant’ (PICG) which companies and individuals could apply for as part of installing electrical facilities to charge their electric car from their office/house; however, the £300 million grant funding will now be refocused on vans, trucks, taxis, motorcycles and wheelchair accessible vehicles, to encourage take-up of electric vehicles in these developing sectors and on expanding the public charging infrastructure. Government intervention on using agency workers during strikes With the growing tide of industrial action affecting different industries, there have been media reports that the government is expected to repeal the ban on agency workers being used to cover striking employees. Agencies are currently prohibited from supplying employers with workers to perform duties normally performed by striking workers. Breach of this legislation is a criminal offence. The government’s current viewpoint is that by removing this restriction would allow employers to make contingency plans around strike action. However, other factors would need to be factored in, including whether agency workers can both safely and easily take on the striking workers’ role(s). Another consideration is whether these steps taken by the employer would aggravate the industrial unrest. This may directly or indirectly affect member companies in the months ahead. Members will be informed of any developments on this subject as they arise.