Holiday pay update. Brexit. Gender pay gap reporting. Trade Union Act Exclusivity clauses. Changes to compensation limits and National Living Wage. Case law update. Looking ahead to 2017.

1. Annual Employment Law Update 2016
Tom Draper, Partner
Kelly Gibson, Chartered Legal Executive
Rebecca Hutchinson, Legal Advisor
8 December 2016
“ the material for this seminar has been prepared solely for the benefit of delegates on this seminar. It should not be relied upon
for giving advice and Taylor&Emmet LLP accept no responsibility for loss or consequential losses incurred as a result of
reliance on this material”.

2. Introduction
Welcome
Employment team changes
Legal developments – 2016 overview

3. Programme
Holiday pay update
Brexit
Gender pay gap reporting
Trade Union Act
Exclusivity clauses
Changes to compensation limits and National Living Wage
Case law update
Looking ahead to 2017
Questions

4. Holiday pay update
British Gas Trading Ltd v
Lock and another
• the saga continues….

5. Holiday pay update
Brettle v Dudley
Metropolitan Borough
Council
• Voluntary overtime,
guaranteed overtime and
non-guaranteed overtime…

6. Brexit
What does
Brexit mean for
Employment
Law?
• TUPE Regulations 2006
• Working Time Regulations 1998
• Human Rights Act 1998
• Equality Act 2010
Will legislation
be repealed?

7. Brexit
Re-litigation of British
Gas Trading Ltd v Lock
& Anor [2016]?

8. Gender pay gap reporting
Introduced in March 2016
with anticipated roll out
date of April 2017
Organisations with 250
employees or more
required to publish
information about pay
disparity between the
sexes

9. Trade Union Act
Trade Union Bill
Increases ballot
threshold to 50%
14 day notice period
for planned industrial
action (increased
from 7 days)
Mandatory picketing
supervisors
Ban lifted on hiring
agency workers to
cover striking
workers (public
sector)

10. Exclusivity clauses
Anti-avoidance
measures
introduced in
January 2016

11. Compensation limits
Maximum
compensatory award
for unfair dismissal
£78,335 to £78,962
Maximum limit on a
week's pay £475 to
£479
Penalties for non-
payment of
Employment Tribunal
awards

12. National Living Wage
The Government
introduced the new
National Living
Wage in April 2016
£7.20 per hour for
workers over 25
Envisaged to rise
to over £9.00 by
2020

13. National Minimum Wage
Standard adult
rate £6.95 (up
from £6.70)
Development
rate £5.55 (up
from £5.30)
Young workers
rate £4.00 (up
from £3.87)
Apprenticeship
rate £3.40 (up
from £3.30)

14. Case law update

15. 1. Childcare vouchers
Peninsula
Business
Services
Ltd v
Donaldson
• confirmed that childcare
vouchers can be discontinued
during unpaid maternity leave
NB – cannot unilaterally withdraw this benefit – breach of contract

16. 2. Discrimination compensation
Vento v Chief Constable
of West Yorkshire Police
[2003]
£500 - £5,000
£5,000 -
£15,000
£15,000 -
£25,000
Da’Bell v National
Society for the
Prevention of Cruelty to
Children [2009]
£600 - £6,000
£6,000 -
£18,000
£18,000 -
£30,000
AA Solicitors Ltd v Majid
[2016] affirms Simmons
v Castle [2012] plus RPI
uplift (2016)
£811 - £8,107
£8,107 -
£24,320
£24,320 -
£48,640

17. 3. SOSR dismissals
Does ACAS Code of
Practice on Disciplinary
and Grievance Procedures
apply to dismissals for
Some Other Substantial
Reason?
Phoenix House Ltd v Stockman and another [2015]

18. 4. Reasonable adjustments?
G4S Cash
Solutions (UK)
Ltd v Powell

19. 5. Protected conversations
Faithorn
Farrell Timms
LLP v Bailey

20. What to expect in 2017

21. Taxation on PILON
Contractual
position
Settlement
Agreements

22. What to expect in 2017
Shared Grandparental Leave
30 hours free childcare per week for working parents
Tax-free childcare scheme
Sunday working
Amended Equality Act?

23. Questions

24. Annual Employment Law Update
• Employment Law Advice
• HR Training
• T&E Complete – all inclusive employment protection package
• Corporate Finance
• Commercial Law advice
• Commercial Litigation
• Commercial Property
• Property Litigation
• Debt Recovery
• Social Housing