The Education HR in the North West Conference, January 2018 - Employment law update
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This session provided a comprehensive update of current employment law, looking at the key areas to consider in the education sector.
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The Education HR in the North West Conference, January 2018 - Employment law update
- 1. The Education HR in the North West Conference January 2018, Manchester Employment law update
- 2. Overview • Employment tribunal fees • Sexual harassment • Case law update • Gender pay gap reporting • Settlement agreements
- 5. Cases received by employment tribunals House of Commons Briefing Paper 7081
- 7. Immediate consequences • Fees have been abolished • Fees paid since 2013 are repayable • Old claims that previously couldn’t be afforded will be brought?
- 8. What’s next • Reimbursement of fees • Alternative fee regime? • An 79% increase in claims?
- 10. Sli.do – vote now Has your school had to deal with a complaint of sexual harassment? Yes No
- 11. Sli.do – vote now Would you be surprised to receive one? Yes No
- 12. “Still just a bit of banter?” 0 5 10 15 20 25 30 35 40 Displays of pornography Sexual comments about women/another woman Unwated messages of sexual nature Unwelcome sexual advances Sexual assault Unwanted touching Unwelcome sexual jokes Sexual comments about body and/or clothing Serious sexual assault/rape %
- 13. The law Section 26(2) – Sexual harassment A engages in unwanted conduct of a sexual nature which has the purpose or effect of either violating B’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for B.
- 14. The law Section 26(3) – Less favourable treatment for rejecting or submitting to harassment Sexual harassment + less favourable treatment due to B’s rejection or submission to the conduct = s26(3) claim
- 15. The law Are employers liable for the harassment of their employees? • General rule is YES, but subject to some exceptions: – In the “course of employment”? – “Reasonable steps” defence – Liability for third-party harassment?
- 16. What can employers do? • Comprehensive anti-harassment policy • Follow a stringent investigation procedure • Regular compulsory training for all staff • Consider re-iterating policy before harassment “hot-spots”
- 17. Case law updates
- 18. Case update – Reasonable adjustments G4S Cash Solutions (UK) Ltd v Powell I want to be employed in a more junior position but be paid the same
- 19. Case update - Dismissal City of York Council v Grosset 2017 Employee shows 18 rated film to vulnerable students, is there any risk in dismissing?
- 20. Case update - Suspension Agoreyo v London Borough of Lambeth [2017] Can suspension ever really be a neutral act?
- 21. Case update – the Christmas party Bellman v Northampton Recruitment ET 2016 If your employees need to get into a fight, they should probably do it after 3am
- 22. Gender Pay Gap reporting
- 23. The obligation • Requirement since 31 March 2017 • 250 employees (including ‘workers’) • Publication must be within 12 months • Publish a statement on the website; and • to the government for publication online.
- 24. What needs to be published? • The difference in mean and median hourly pay between male and female full-pay employees; • the difference in mean and median bonus pay between male and female employees; • the proportion of male and female employees receiving a bonus payment; and • the proportion of male and female full-pay employees in each 4 pay quartiles.
- 25. Virgin money
- 26. Virgin money
- 27. Virgin money
- 28. Virgin money
- 30. Tax changes From 6 April 2018: • ALL PILONS are taxable and subject to class 1 NICs. • Termination payments above £30,000 now subject to employer NICs rather than just income tax.
- 32. Heather Mitchell | +44 (0)20 7871 8511 | heather.mitchell@brownejacobson.com Please note The information contained in these notes is based on the position at January 2018. It does, of course, only represent a summary of the subject matter covered and is not intended to be a substitute for detailed advice. If you would like to discuss any of the matters covered in further detail, our team would be happy to do so. © Browne Jacobson LLP 2018. Browne Jacobson LLP is a limited liability partnership.