Thames Valley HR forum
       Review of 2009

   Looking forward to 2010
Review of 2009 – the highlights

        Alexandra Robinson
Dismissals - general
 Date of termination
  – Where dismissal is communicated by letter, the date of
    termination will ...
Redundancy dismissals
 Time limits
  – A redundant employee may have more than three months to
    bring a claim for unfai...
Dismissals - compensation
 Notice payments
  – In a case of constructive dismissal, earnings from new
    employment durin...
Discrimination - age
  Default retirement age
   – Employers can continue to rely on the default retirement age
     for t...
Discrimination - religion and belief
  Climate Change
   – Belief in climate change and the need to act in the interests
 ...
Discrimination – civil partnerships
  Civil partnerships
   – A Christian registrar did not suffer discrimination when
   ...
Discrimination
 Harassment
  – Harassment "on the grounds of religion or belief" covers
    conduct on the ground of anoth...
Discrimination - sexual orientation
  “Sexual orientation”
   – An employee who was known by his colleagues to be
     het...
Discrimination - disability
  Discrimination by association
   – The Disability Discrimination Act can be interpreted as
 ...
Discrimination - compensation limits
 Vento guidelines increased
  – lower band: £5,000 increased to £6,000
  – middle ban...
Holiday entitlement
 Holiday and sickness absence
  – A claim for backdated holiday pay can be brought by using
    the co...
Refused holiday leave lost
 – An employee lost his entitlement to leave where his request
   was refused shortly before th...
Annual leave entitlement
 - Statutory annual leave under the Working Time Regulations
   1998 increased in April last year...
Disciplinary and grievance procedures
 Abolition of Statutory Procedures
 ACAS Code of Practice – all change?
Family friendly provisions
  Right to request flexible working
   – Extended to parents of children up to and including 16...
Looking forward to 2010
       Debbie Sadler
Equality Bill

  Why?
  – Manifesto commitment
  – Harmonise discrimination law
  – Strengthen discrimination law
  When?
...
Equality Bill

  Protected Characteristics
  –   age
  –   disability
  –   gender reassignment
  –   marriage and civil p...
Equality Bill

  Direct Discrimination
  – “because of” not “on the grounds of”
        associative discrimination
       ...
Equality Bill

  Indirect discrimination
  – disability discrimination
  – gender reassignment
  Harassment
  – third part...
Equality Bill

  Disability discrimination
  – Normal day to day activities
        eight functions removed
  – Associated...
Equality Bill

  Equal Pay and Positive Action
  – “genuine Material Factor” defence
  – secrecy clauses
  – publication o...
Additional Paternity Leave and Pay

 Current right – 2 weeks paid leave
  – if employed for 26+ weeks
  – within 56 days o...
The Safeguarding Vulnerable Groups Act 2006

  Independent Safeguarding Authority (ISA)
  – central vetting and barring sc...
The Safeguarding Vulnerable Groups Act 2006

  Regulated activities
  – anyone working with children or vulnerable adults ...
The Safeguarding Vulnerable Groups Act 2006

  Commit criminal offence if
  – permit a barred or unregistered worker to en...
The Safeguarding Vulnerable Groups Act 2006

  Controlled activity
  – frequent and intensive activity ancillary to health...
The Safeguarding Vulnerable Groups Act 2006

  Duty to refer where individual has ceased work
  because harmed child/vulne...
Tribunal Compensation limits

 Changes 1 February each year
 Employment Rights (Revised Limits) Order 2009
  – from £66,20...
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Thames Valley HR Forum

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Blake Lapthorn solicitors HR Forum held on 2 February 2010

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Thames Valley HR Forum

  1. 1. Thames Valley HR forum Review of 2009 Looking forward to 2010
  2. 2. Review of 2009 – the highlights Alexandra Robinson
  3. 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. 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. 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. 6. Discrimination - age Default retirement age – Employers can continue to rely on the default retirement age for the time being Heyday
  7. 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. 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. 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. 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. 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. 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. 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. 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. 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. 16. Disciplinary and grievance procedures Abolition of Statutory Procedures ACAS Code of Practice – all change?
  17. 17. Family friendly provisions Right to request flexible working – Extended to parents of children up to and including 16 from April 2009
  18. 18. Looking forward to 2010 Debbie Sadler
  19. 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. 20. Equality Bill Protected Characteristics – age – disability – gender reassignment – marriage and civil partnership – pregnancy and maternity – race – religion or belief – sex – sexual orientation
  21. 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. 22. Equality Bill Indirect discrimination – disability discrimination – gender reassignment Harassment – third party harassment Victimisation – removes need for absolute comparator
  23. 23. Equality Bill Disability discrimination – Normal day to day activities eight functions removed – Associated discrimination – “Discrimination arising from disability” – Indirect discrimination
  24. 24. Equality Bill Equal Pay and Positive Action – “genuine Material Factor” defence – secrecy clauses – publication of pay differences Positive action – Recruitment and promotion
  25. 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. 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. 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. 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. 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. 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. 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)

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