Your SlideShare is downloading. ×
Thames Valley HR Forum
Upcoming SlideShare
Loading in...5

Thanks for flagging this SlideShare!

Oops! An error has occurred.


Introducing the official SlideShare app

Stunning, full-screen experience for iPhone and Android

Text the download link to your phone

Standard text messaging rates apply

Thames Valley HR Forum


Published on

Blake Lapthorn solicitors HR Forum held on 2 February 2010

Blake Lapthorn solicitors HR Forum held on 2 February 2010

Published in: Career, Business

  • Be the first to comment

  • Be the first to like this

No Downloads
Total Views
On Slideshare
From Embeds
Number of Embeds
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

No notes for slide


  • 1. Thames Valley HR forum Review of 2009 Looking forward to 2010
  • 2. Review of 2009 – the highlights Alexandra Robinson
  • 3. Dismissals - general Date of termination – Where dismissal is communicated by letter, the date of termination will generally be the date on which the letter is read by the employee Gisda Cyf v Barratt
  • 4. Redundancy dismissals Time limits – A redundant employee may have more than three months to bring a claim for unfair dismissal Cambridge and Peterborough Foundation NHS Trust v Crouchman Criteria for selection – “Length of service” is capable of being justified as criteria for selection Rolls Royce plc v Unite the Union – Selection criteria must not only be objective, but must also be objectively assessed Howard v Siemens Energy Services
  • 5. Dismissals - compensation Notice payments – In a case of constructive dismissal, earnings from new employment during the notional notice period must be taken into account when assessing compensation Stuart Peters Ltd v Bell "Stigma" compensation – An employee was entitled to claim compensation from his former employer for the fact that third parties would not employ him because he had brought a discrimination claim Chagger v Abbey National plc
  • 6. Discrimination - age Default retirement age – Employers can continue to rely on the default retirement age for the time being Heyday
  • 7. Discrimination - religion and belief Climate Change – Belief in climate change and the need to act in the interests of the environment are capable of amounting to a philosophical belief and therefore capable of protection Grainger plc and ors v Nicholson Psychic belief – Belief that psychics can help solve criminal investigations is also capable of protection Power v Greater Manchester Police
  • 8. Discrimination – civil partnerships Civil partnerships – A Christian registrar did not suffer discrimination when threatened with dismissal for refusing to register same-sex civil partnerships Ladele v Islington LBC – A Christian relationship counsellor did not suffer discrimination when dismissed for not counselling same-sex couples about their sex lives McFarlane v Relate Avon Ltd
  • 9. Discrimination Harassment – Harassment "on the grounds of religion or belief" covers conduct on the ground of another person's religion or belief Saini v All Saints Haque Centre Work permits – Refusal to consider job applications from candidates requiring a work permit constituted unlawful indirect race discrimination Osborne Clarke Services v Purohit
  • 10. Discrimination - sexual orientation “Sexual orientation” – An employee who was known by his colleagues to be heterosexual was protected from homophobic harassment English v Thomas Sanderson Blinds Ltd
  • 11. Discrimination - disability Discrimination by association – The Disability Discrimination Act can be interpreted as prohibiting direct discrimination or harassment by association with a disabled person Coleman v EBR Attridge Law LLP Disability related discrimination – Lewisham v Malcolm applied by the EAT Child Support Agency v Truman; Stockton-on-Tees BC v Aylott
  • 12. Discrimination - compensation limits Vento guidelines increased – lower band: £5,000 increased to £6,000 – middle band: £15,000 increased to £18,000 – upper band: £25,000 increased to £30,000
  • 13. Holiday entitlement Holiday and sickness absence – A claim for backdated holiday pay can be brought by using the concept of a series of “unlawful deductions from wages” Stringer Sickness during holiday – An employee was entitled to a replacement holiday period as he was unable to take holiday during a period of illness Pereda v Madrid Movilidad SA
  • 14. Refused holiday leave lost – An employee lost his entitlement to leave where his request was refused shortly before the end of the holiday year Lyons v Mitie Security Holiday pay on termination – Pay in lieu of untaken holiday on termination of employment is not necessarily confined to the current holiday year Wang v Beijing Ton Ren Tang (UK) Ltd
  • 15. Annual leave entitlement - Statutory annual leave under the Working Time Regulations 1998 increased in April last year from 4.8 weeks to 5.6 weeks (with a maximum statutory entitlement of 28 days)
  • 16. Disciplinary and grievance procedures Abolition of Statutory Procedures ACAS Code of Practice – all change?
  • 17. Family friendly provisions Right to request flexible working – Extended to parents of children up to and including 16 from April 2009
  • 18. Looking forward to 2010 Debbie Sadler
  • 19. Equality Bill Why? – Manifesto commitment – Harmonise discrimination law – Strengthen discrimination law When? – Royal Assent April 2010 – Effective from October 2010 Equality and Human Rights Commission - guidance
  • 20. Equality Bill Protected Characteristics – age – disability – gender reassignment – marriage and civil partnership – pregnancy and maternity – race – religion or belief – sex – sexual orientation
  • 21. Equality Bill Direct Discrimination – “because of” not “on the grounds of” associative discrimination perceptive discrimination dual discrimination NB: not marriage and civil partnership (or maternity and pregnancy for dual discrimination
  • 22. Equality Bill Indirect discrimination – disability discrimination – gender reassignment Harassment – third party harassment Victimisation – removes need for absolute comparator
  • 23. Equality Bill Disability discrimination – Normal day to day activities eight functions removed – Associated discrimination – “Discrimination arising from disability” – Indirect discrimination
  • 24. Equality Bill Equal Pay and Positive Action – “genuine Material Factor” defence – secrecy clauses – publication of pay differences Positive action – Recruitment and promotion
  • 25. Additional Paternity Leave and Pay Current right – 2 weeks paid leave – if employed for 26+ weeks – within 56 days of birth From April 2010 – up to 26 weeks within first year – From 20 weeks after birth – 13 weeks paid if mother returns to work Applies to births or adoptions after 3 April 2011
  • 26. The Safeguarding Vulnerable Groups Act 2006 Independent Safeguarding Authority (ISA) – central vetting and barring scheme – brings previous lists under one agency – decisions re who works with children and vulnerable adults – database to be regularly monitored and updated
  • 27. The Safeguarding Vulnerable Groups Act 2006 Regulated activities – anyone working with children or vulnerable adults on a frequent or intensive basis e.g. healthcare, teaching, training, care – frequent – once a week or more – intensive – four or more days in one month or overnight
  • 28. The Safeguarding Vulnerable Groups Act 2006 Commit criminal offence if – permit a barred or unregistered worker to engage in regulated activity where they know or have reason to believe that the person is barred/unregistered – fail to provide information as part of duty to refer – fail to check the worker is ISA registered Obligation falls on regulated activity providers, employment businesses etc.
  • 29. The Safeguarding Vulnerable Groups Act 2006 Controlled activity – frequent and intensive activity ancillary to healthcare in hospitals etc – end users will be able to engage someone barred from regulated activity in certain circumstances
  • 30. The Safeguarding Vulnerable Groups Act 2006 Duty to refer where individual has ceased work because harmed child/vulnerable adult or placed at risk of harm
  • 31. Tribunal Compensation limits Changes 1 February each year Employment Rights (Revised Limits) Order 2009 – from £66,200 to £65,300 Weeks pay – unfair dismissal basic award – statutory redundancy calculation – £380 per week (October 09)