At these events we present an overview of what we consider to be the most significant cases decided in 2016, and what they teach us about managing your workforce. We won’t just tell you the law – we will tell you what you need to do about it.
We also cover what is coming up in 2017, and how you can get ready for what will be another busy year in employment law.
Topics discussed include:
• working time/travel time
• social media
• discrimination and whistleblowing update
• Modern Slavery Act
• privacy in the workplace
• preparing for the Gender Pay Gap
• what’s coming up in 2017.
This document summarizes an annual employment law update session discussing recent and upcoming developments. Recent developments discussed include cases related to working time regulations around holiday pay calculations, equal pay, restrictive covenants, discrimination, and the Immigration Act of 2016. Upcoming topics that were highlighted include whistleblowing, gender pay reporting, employment status, data protection, discrimination, apprenticeship levy, and Brexit.
At these events we present an overview of what we consider to be the most significant cases decided in 2016, and what they teach us about managing your workforce. We won’t just tell you the law – we will tell you what you need to do about it.
We also cover what is coming up in 2017, and how you can get ready for what will be another busy year in employment law.
Topics discussed include:
• working time/travel time
• social media
• discrimination and whistleblowing update
• Modern Slavery Act
• privacy in the workplace
• preparing for the Gender Pay Gap
• what’s coming up in 2017.
This document summarizes an annual employment law update session held by Browne Jacobson LLP. It discusses recent developments and upcoming changes in several areas of UK employment law, including working time regulations, equal pay, restrictive covenants, discrimination, and immigration law. Key cases and implications for employers are highlighted. Looking forward, it also outlines what to expect regarding whistleblowing, gender pay reporting, employment status, and other upcoming legislation.
At these events we present an overview of what we consider to be the most significant cases decided in 2016, and what they teach us about managing your workforce. We won’t just tell you the law – we will tell you what you need to do about it.
We also cover what is coming up in 2017, and how you can get ready for what will be another busy year in employment law.
Topics discussed include:
• working time/travel time
• social media
• discrimination and whistleblowing update
• Modern Slavery Act
• privacy in the workplace
• preparing for the Gender Pay Gap
• what’s coming up in 2017.
The document summarizes recent and proposed changes to UK employment law by the Coalition Government aimed at reducing regulatory burdens on businesses. Key points include:
- Increasing the unfair dismissal qualifying period from 12 to 24 months and reforming Employment Tribunal procedures to reduce costs and speed up cases.
- Consulting on introducing Employment Tribunal fees and mandatory pre-claim conciliation with ACAS.
- Proposing increased maximum costs awards against claimants and penalties for employers who breach employment rights.
- Summarizing recent redundancy, TUPE, and discrimination case law rulings.
Recorded on June 13, 2013. - This webinar, intended for community workers, presents options for workers who have been fired or laid off. It looks at when an employer can fire an employee, what a worker can do if they are wrongfully dismissed, and what the Courts or the Ministry of Labour look for when dealing with dismissal cases.
Watch an archived recording of this webinar and download copies of presentation materials at
http://yourlegalrights.on.ca/webinar/wrongful-dismissal
Kansas City Labor and Employment RoundtablePolsinelli PC
This document summarizes a presentation on joint employment and the intersection of employment laws like the ADA, FMLA, and workers' compensation. It discusses a hypothetical scenario where an employee named John hurt his back at home and needs time off from work. The presenter analyzes this scenario under the ADA, FMLA, and whether John would qualify for workers' compensation. It also discusses implications if John's direct employer is not Acme Company and examines what factors determine whether multiple companies are considered joint employers. The presenter concludes by discussing OSHA implications for temporary workers and responsibilities at multi-employer worksites.
This document summarizes an annual employment law update session discussing recent and upcoming developments. Recent developments discussed include cases related to working time regulations around holiday pay calculations, equal pay, restrictive covenants, discrimination, and the Immigration Act of 2016. Upcoming topics that were highlighted include whistleblowing, gender pay reporting, employment status, data protection, discrimination, apprenticeship levy, and Brexit.
At these events we present an overview of what we consider to be the most significant cases decided in 2016, and what they teach us about managing your workforce. We won’t just tell you the law – we will tell you what you need to do about it.
We also cover what is coming up in 2017, and how you can get ready for what will be another busy year in employment law.
Topics discussed include:
• working time/travel time
• social media
• discrimination and whistleblowing update
• Modern Slavery Act
• privacy in the workplace
• preparing for the Gender Pay Gap
• what’s coming up in 2017.
This document summarizes an annual employment law update session held by Browne Jacobson LLP. It discusses recent developments and upcoming changes in several areas of UK employment law, including working time regulations, equal pay, restrictive covenants, discrimination, and immigration law. Key cases and implications for employers are highlighted. Looking forward, it also outlines what to expect regarding whistleblowing, gender pay reporting, employment status, and other upcoming legislation.
At these events we present an overview of what we consider to be the most significant cases decided in 2016, and what they teach us about managing your workforce. We won’t just tell you the law – we will tell you what you need to do about it.
We also cover what is coming up in 2017, and how you can get ready for what will be another busy year in employment law.
Topics discussed include:
• working time/travel time
• social media
• discrimination and whistleblowing update
• Modern Slavery Act
• privacy in the workplace
• preparing for the Gender Pay Gap
• what’s coming up in 2017.
The document summarizes recent and proposed changes to UK employment law by the Coalition Government aimed at reducing regulatory burdens on businesses. Key points include:
- Increasing the unfair dismissal qualifying period from 12 to 24 months and reforming Employment Tribunal procedures to reduce costs and speed up cases.
- Consulting on introducing Employment Tribunal fees and mandatory pre-claim conciliation with ACAS.
- Proposing increased maximum costs awards against claimants and penalties for employers who breach employment rights.
- Summarizing recent redundancy, TUPE, and discrimination case law rulings.
Recorded on June 13, 2013. - This webinar, intended for community workers, presents options for workers who have been fired or laid off. It looks at when an employer can fire an employee, what a worker can do if they are wrongfully dismissed, and what the Courts or the Ministry of Labour look for when dealing with dismissal cases.
Watch an archived recording of this webinar and download copies of presentation materials at
http://yourlegalrights.on.ca/webinar/wrongful-dismissal
Kansas City Labor and Employment RoundtablePolsinelli PC
This document summarizes a presentation on joint employment and the intersection of employment laws like the ADA, FMLA, and workers' compensation. It discusses a hypothetical scenario where an employee named John hurt his back at home and needs time off from work. The presenter analyzes this scenario under the ADA, FMLA, and whether John would qualify for workers' compensation. It also discusses implications if John's direct employer is not Acme Company and examines what factors determine whether multiple companies are considered joint employers. The presenter concludes by discussing OSHA implications for temporary workers and responsibilities at multi-employer worksites.
This document summarizes key employment law issues from 2018 and provides forecasts for 2019. In 2018, there was increased focus on defining "casual employees" and providing them rights to request conversion to permanent status. Employers also faced liability risks for safety hazards and had to follow strict rules when negotiating enterprise agreements. Looking ahead, regulations around casual employment and leave entitlements may be clarified in 2019, while workplace health and safety compliance and bargaining powers are areas that could see further changes.
The document provides an overview of key employment law updates from 2015, covering areas such as the national minimum wage, holiday pay, sickness absence, discrimination, disciplinary procedures, collective issues, and restrictive covenants. National minimum wage rates increased in October 2015 and the National Living Wage will be introduced in April 2016. Recent court cases have expanded the definition of working time and what payments must be included in holiday pay calculations. New sickness absence policies and discrimination protections regarding obesity were also noted.
Australian law prevents unfair dismissal from employment. An employer cannot fire an employee without a valid reason such as poor performance after additional training. Being sick, reporting unsafe work conditions, union membership or legal proceedings are not valid reasons. Employers must provide notice periods ranging from 1-4 weeks depending on tenure or pay in lieu. Valid reasons for dismissal include misconduct, health and safety risks, theft, assault or not following reasonable instructions. Not all workers are protected from unfair dismissal such as casuals or those within probation periods.
This document provides an overview of unfair dismissal laws in Australia, including:
1. The definition of unfair dismissal and how the laws have changed over time, being introduced in 1994 and amended in 1997 and 2006.
2. The three main aspects of unfair dismissal law: having good reasons for dismissal, providing proper notice, and ensuring procedural fairness in the dismissal process.
3. Examples of cases related to unfair dismissal laws and how they have been interpreted by courts over time.
The document provides an overview and update on various employment law topics in the UK, including holiday pay, disciplinary investigations, discrimination law, and the apprenticeship levy. It also discusses the potential implications of Brexit on employment laws and immigration rules. Key issues covered include a Supreme Court case on whether overtime should count as normal remuneration for holiday pay, the role of HR in disciplinary investigations, reasonable adjustments under disability discrimination law, and compulsory gender pay reporting being introduced in 2018.
This document provides a summary of the Annual Employment Law Review seminar given by Taylor&Emmet LLP on 5 December 2013. It outlines key changes to employment law over the past year, including reforms to employment tribunals, the introduction of fees, changes to unfair dismissal compensation, and new rules around settlement agreements, whistleblowing, and flexible working. It also provides case law updates on topics like collective consultation obligations and implied contractual rights. The summary concludes by outlining employment law changes expected in 2014 relating to discrimination questionnaires, extended family friendly rights, and new powers for employment tribunals to order equal pay audits.
The document summarizes recent developments in Canadian employment law across several topics:
1) Family status obligations have been recognized more broadly to include childcare needs, requiring employers to accommodate employees' scheduling requests.
2) An employee was reinstated with 9 years of back pay after developing anxiety from a stressful job where the employer failed to accommodate.
3) An employee was awarded damages under the human rights code in a wrongful dismissal case where their medical issues were a factor in termination.
4) Courts have affirmed employees have a duty to participate in the accommodation process and cannot abandon it by resigning.
This document provides an overview of implications of Fair Work Australia for managing staff performance. It discusses developing better people management practices through Fair Work Australia. It outlines key aspects of Fair Work Australia including national employment standards, modern awards, bargaining and industrial action processes. It provides information on compliance requirements for employers such as record keeping, payslips and agreements.
"Valid Termination: Substantive and Procedural Requirement under the Labor Code of the Philippines" presented by a Senior Corporate Lawyer of Kittelson & Carpo Consulting. Discussion Topic from ANZCHAM Coffee Mornings - October 28, 2015
The document discusses several topics:
1) HMRC is introducing new task forces to target tax dodgers, especially in the restaurant industry in London, Scotland, and northwest England.
2) As of October 1, 2011, agency workers will be entitled to the same pay and benefits as directly-employed workers doing similar work after 12 weeks of an assignment.
3) The government plans a statutory residence test to make tax residence rules more transparent and objective by providing an interactive self-assessment tool. Tax residence affects UK tax liability for overseas income and capital gains.
Tips for managing employee use of social media at work, and how to develop a solid workplace policy on this usage to pre-empt complicated modern work situations.
Small Claims 2017: Essential Law, Winning Strategies for Lawyers & Paralegals Evelyn Perez Youssoufian
An employment law primer for paralegals and lawyers, including: Jurisdiction, Possible Claims, Human Rights, Employment Contracts, Wrongful Dismissal, including how to calculate reasonable notice
The document provides an overview and update on the Affordable Care Act and employment law for 2015. It summarizes key provisions of the Healthy Workplaces, Healthy Families Act of 2014 requiring employers in California to provide a minimum of 3 paid sick days per year. It also discusses employer reporting requirements under Sections 6055 and 6056 of the ACA, including forms and deadlines for reporting health coverage and offers of coverage to employees.
In this forum we looked at updates in different areas of law including:
- Commercial Law – six changes to contract law that you might have missed over the last six months
- Employment Law – what’s new, what’s changed, your questions answered
- Data Protection - looking at ICO investigations and news, ahead of GDPR coming into force
- Competition Law – what's new, will the post Brexit world be different and the evolving position in relation to online reselling restrictions
- Regulatory Update - in-house lawyers and legal privilege and impact of the new sentencing guidelines for health and safety offences.
In this forum we looked at updates in different areas of law including:
- Commercial Law – six changes to contract law that you might have missed over the last six months
- Employment Law – what’s new, what’s changed, your questions answered
- Data Protection - looking at ICO investigations and news, ahead of GDPR coming into force
- Competition Law – what's new, will the post Brexit world be different and the evolving position in relation to online reselling restrictions
- Regulatory Update - in-house lawyers and legal privilege and impact of the new sentencing guidelines for health and safety offences.
In this forum we looked at updates in different areas of law including:
- Commercial Law – six changes to contract law that you might have missed over the last six months
- Employment Law – what’s new, what’s changed, your questions answered
- Data Protection - looking at ICO investigations and news, ahead of GDPR coming into force
- Competition Law – what's new, will the post Brexit world be different and the evolving position in relation to online reselling restrictions
- Regulatory Update - in-house lawyers and legal privilege and impact of the new sentencing guidelines for health and safety offences.
This document provides an annual employment law update covering topics such as TUPE, collective redundancies, working time regulations, contracts of employment, privacy in the workplace, social media, whistleblowing, discrimination, the Modern Slavery Act 2015, apprenticeships, and tribunal fee updates. Key cases from 2015 are summarized relating to these various employment law topics. Employers are advised to review policies and employment practices in light of the legal developments discussed.
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR managers and HR directors.
At these events we present an overview of what we consider to be the most significant cases decided in 2014, and what they teach about managing your workforce – together with our practical tips.
Also hear about what is coming up in 2015, and how you can get ready for what will be another busy year in employment law.
Topics that are covered include:
• changes to TUPE
• changes to flexible working
• shared parental leave
• the holiday pay cases
• equal pay audits
• social media
• zero hours contracts
• discrimination update
• what’s coming up in 2015.
This document summarizes key employment law issues from 2018 and provides forecasts for 2019. In 2018, there was increased focus on defining "casual employees" and providing them rights to request conversion to permanent status. Employers also faced liability risks for safety hazards and had to follow strict rules when negotiating enterprise agreements. Looking ahead, regulations around casual employment and leave entitlements may be clarified in 2019, while workplace health and safety compliance and bargaining powers are areas that could see further changes.
The document provides an overview of key employment law updates from 2015, covering areas such as the national minimum wage, holiday pay, sickness absence, discrimination, disciplinary procedures, collective issues, and restrictive covenants. National minimum wage rates increased in October 2015 and the National Living Wage will be introduced in April 2016. Recent court cases have expanded the definition of working time and what payments must be included in holiday pay calculations. New sickness absence policies and discrimination protections regarding obesity were also noted.
Australian law prevents unfair dismissal from employment. An employer cannot fire an employee without a valid reason such as poor performance after additional training. Being sick, reporting unsafe work conditions, union membership or legal proceedings are not valid reasons. Employers must provide notice periods ranging from 1-4 weeks depending on tenure or pay in lieu. Valid reasons for dismissal include misconduct, health and safety risks, theft, assault or not following reasonable instructions. Not all workers are protected from unfair dismissal such as casuals or those within probation periods.
This document provides an overview of unfair dismissal laws in Australia, including:
1. The definition of unfair dismissal and how the laws have changed over time, being introduced in 1994 and amended in 1997 and 2006.
2. The three main aspects of unfair dismissal law: having good reasons for dismissal, providing proper notice, and ensuring procedural fairness in the dismissal process.
3. Examples of cases related to unfair dismissal laws and how they have been interpreted by courts over time.
The document provides an overview and update on various employment law topics in the UK, including holiday pay, disciplinary investigations, discrimination law, and the apprenticeship levy. It also discusses the potential implications of Brexit on employment laws and immigration rules. Key issues covered include a Supreme Court case on whether overtime should count as normal remuneration for holiday pay, the role of HR in disciplinary investigations, reasonable adjustments under disability discrimination law, and compulsory gender pay reporting being introduced in 2018.
This document provides a summary of the Annual Employment Law Review seminar given by Taylor&Emmet LLP on 5 December 2013. It outlines key changes to employment law over the past year, including reforms to employment tribunals, the introduction of fees, changes to unfair dismissal compensation, and new rules around settlement agreements, whistleblowing, and flexible working. It also provides case law updates on topics like collective consultation obligations and implied contractual rights. The summary concludes by outlining employment law changes expected in 2014 relating to discrimination questionnaires, extended family friendly rights, and new powers for employment tribunals to order equal pay audits.
The document summarizes recent developments in Canadian employment law across several topics:
1) Family status obligations have been recognized more broadly to include childcare needs, requiring employers to accommodate employees' scheduling requests.
2) An employee was reinstated with 9 years of back pay after developing anxiety from a stressful job where the employer failed to accommodate.
3) An employee was awarded damages under the human rights code in a wrongful dismissal case where their medical issues were a factor in termination.
4) Courts have affirmed employees have a duty to participate in the accommodation process and cannot abandon it by resigning.
This document provides an overview of implications of Fair Work Australia for managing staff performance. It discusses developing better people management practices through Fair Work Australia. It outlines key aspects of Fair Work Australia including national employment standards, modern awards, bargaining and industrial action processes. It provides information on compliance requirements for employers such as record keeping, payslips and agreements.
"Valid Termination: Substantive and Procedural Requirement under the Labor Code of the Philippines" presented by a Senior Corporate Lawyer of Kittelson & Carpo Consulting. Discussion Topic from ANZCHAM Coffee Mornings - October 28, 2015
The document discusses several topics:
1) HMRC is introducing new task forces to target tax dodgers, especially in the restaurant industry in London, Scotland, and northwest England.
2) As of October 1, 2011, agency workers will be entitled to the same pay and benefits as directly-employed workers doing similar work after 12 weeks of an assignment.
3) The government plans a statutory residence test to make tax residence rules more transparent and objective by providing an interactive self-assessment tool. Tax residence affects UK tax liability for overseas income and capital gains.
Tips for managing employee use of social media at work, and how to develop a solid workplace policy on this usage to pre-empt complicated modern work situations.
Small Claims 2017: Essential Law, Winning Strategies for Lawyers & Paralegals Evelyn Perez Youssoufian
An employment law primer for paralegals and lawyers, including: Jurisdiction, Possible Claims, Human Rights, Employment Contracts, Wrongful Dismissal, including how to calculate reasonable notice
The document provides an overview and update on the Affordable Care Act and employment law for 2015. It summarizes key provisions of the Healthy Workplaces, Healthy Families Act of 2014 requiring employers in California to provide a minimum of 3 paid sick days per year. It also discusses employer reporting requirements under Sections 6055 and 6056 of the ACA, including forms and deadlines for reporting health coverage and offers of coverage to employees.
In this forum we looked at updates in different areas of law including:
- Commercial Law – six changes to contract law that you might have missed over the last six months
- Employment Law – what’s new, what’s changed, your questions answered
- Data Protection - looking at ICO investigations and news, ahead of GDPR coming into force
- Competition Law – what's new, will the post Brexit world be different and the evolving position in relation to online reselling restrictions
- Regulatory Update - in-house lawyers and legal privilege and impact of the new sentencing guidelines for health and safety offences.
In this forum we looked at updates in different areas of law including:
- Commercial Law – six changes to contract law that you might have missed over the last six months
- Employment Law – what’s new, what’s changed, your questions answered
- Data Protection - looking at ICO investigations and news, ahead of GDPR coming into force
- Competition Law – what's new, will the post Brexit world be different and the evolving position in relation to online reselling restrictions
- Regulatory Update - in-house lawyers and legal privilege and impact of the new sentencing guidelines for health and safety offences.
In this forum we looked at updates in different areas of law including:
- Commercial Law – six changes to contract law that you might have missed over the last six months
- Employment Law – what’s new, what’s changed, your questions answered
- Data Protection - looking at ICO investigations and news, ahead of GDPR coming into force
- Competition Law – what's new, will the post Brexit world be different and the evolving position in relation to online reselling restrictions
- Regulatory Update - in-house lawyers and legal privilege and impact of the new sentencing guidelines for health and safety offences.
This document provides an annual employment law update covering topics such as TUPE, collective redundancies, working time regulations, contracts of employment, privacy in the workplace, social media, whistleblowing, discrimination, the Modern Slavery Act 2015, apprenticeships, and tribunal fee updates. Key cases from 2015 are summarized relating to these various employment law topics. Employers are advised to review policies and employment practices in light of the legal developments discussed.
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR managers and HR directors.
At these events we present an overview of what we consider to be the most significant cases decided in 2014, and what they teach about managing your workforce – together with our practical tips.
Also hear about what is coming up in 2015, and how you can get ready for what will be another busy year in employment law.
Topics that are covered include:
• changes to TUPE
• changes to flexible working
• shared parental leave
• the holiday pay cases
• equal pay audits
• social media
• zero hours contracts
• discrimination update
• what’s coming up in 2015.
In this forum we looked at updates in different areas of law including:
- Commercial Law – six changes to contract law that you might have missed over the last six months
- Employment Law – what’s new, what’s changed, your questions answered
- Data Protection - looking at ICO investigations and news, ahead of GDPR coming into force
- Competition Law – what's new, will the post Brexit world be different and the evolving position in relation to online reselling restrictions
- Regulatory Update - in-house lawyers and legal privilege and impact of the new sentencing guidelines for health and safety offences.
The document discusses constructive dismissal, including what it is, how it can be triggered, new developments in the doctrine, and how employers can protect against potential claims. Specifically:
- Constructive dismissal occurs when an employer makes a substantial, unilateral change to a fundamental term of employment that the employee rejects by treating their employment as ended.
- New cases have established that employees must mitigate damages by accepting offers to return to work, and that employers may acquiesce to an employee working under original terms by not implementing planned changes.
- Economic conditions and legislation like Bill 168 impact courts' views; employers should define change terms contractually, give notice of changes, and document acceptance of past similar changes.
The document summarizes the 2013 UK employment law agenda and selected case law. It outlines the UK government's reforms to employment law from 2012-2015, which aim to reduce regulatory burdens and support a flexible labor market. Key reforms include changes to unfair dismissal qualifications, collective redundancy consultation periods, settlement agreements, whistleblowing rules, and tribunal fees. It also summarizes five cases related to religious discrimination, annual leave, social media use, disciplinary warnings, and volunteer rights.
Being an in house lawyer isn’t just about the law – perhaps it never has been.
Every six months at our in house lawyer sessions we give practical training on:
- what the law means for you (personally) and for your business
- tips on what to incorporate into your next contract, your next discussion with the HR department or your next board meeting
... and have been delighted to help cover what to say, do, draft and know what to avoid.
We’ll also be covering the black letter law:
- employment update – gender gap reporting – how, what, what the…? Sexual harrassment
- commercial law - changes in contract law and in particular what the courts have said about discretion in contracts – do you really have free choice, or are there limits?
- GDPR –you’ve very little time left – what are the quick wins you can deal with and high risk activities that you need to deal with.
This document summarizes five key employment law cases from 2015:
1. McConaghie v. Systemgroup Consulting Inc. found an employer discriminated against a female employee by holding a "Men's Day" event that excluded her. The employer was ordered to pay damages.
2. Wilson v. Atomic Energy established that without cause dismissals under the Canada Labour Code are not automatically unjust, allowing some flexibility for employers.
3. Thompson v. Cardel Homes was found to be a constructive dismissal when the employer asked an employee not to return to work before the end of their fixed term contract.
4. Paquette v. Quadraspec Inc. determined that termination pay must include
Eversheds Food and Drink Seminar - Employment Law Presentation 3rd October 2013Eversheds Sutherland
Employment law in the UK has undergone several changes recently that affect both employers and employees. Key changes include the introduction of fees for employment tribunals of up to £1,200, a new lower cap of £74,200 on compensation for unfair dismissal claims, and a requirement for prospective claimants to take part in early conciliation with Acas before filing a claim. Evidence from pre-termination negotiations is now inadmissible in unfair dismissal cases. The notice period for collective redundancy consultations of over 100 employees was reduced from 90 to 45 days. These changes are aimed at incentivizing early settlement of disputes and reducing costs for employers and the tribunal system. Food and drink employers in particular need to be aware of
Browne Jacobson HR for Education 2017 - Workshop 2B - Employment law masterclassBrowne Jacobson LLP
This document summarizes an employment law masterclass on whistleblowing, employment status, and settlement agreements. On whistleblowing, it discusses when disclosures are protected and tricky areas like complaints. On employment status, it explains the categories of employees, workers, and independent contractors and implications of the growing gig economy. On settlement agreements, it outlines requirements like being agreed through ACAS and statutory claims that cannot be settled. It also discusses common issues like tax treatment, confidentiality clauses, and approval needs for academies.
At these events we present an overview of what we consider to be the most significant developments in 2017, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2018, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- mental health issues in the workplace
- "hidden" disabilities
- the gender pay gap
- the gig economy and the Taylor review
- tribunal fees and the implications for UK employers
- discrimination update
- what's coming up in 2018.
At these events we present an overview of what we consider to be the most significant developments in 2017, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2018, and how you can get ready for what will be another busy year in employment law.
Topics covered include:
- mental health issues in the workplace
- "hidden" disabilities
- the gender pay gap
- the gig economy and the Taylor review
- tribunal fees and the implications for UK employers
- discrimination update
- what's coming up in 2018.
Similar to Annual employment law update, January 2017, Manchester (20)
Employment law update - Browne Jacobson Exeter - 06 February 2020Browne Jacobson LLP
These seminars are aimed at anyone who deals with employment law on a day to day basis, including HR Managers and HR Directors.
At these events we will present an overview of what we consider to be the most significant developments in 2019, and what they teach us about managing your workforce – together with our practical tips.
You will also hear about what is coming up in 2020, and how you can get ready for what will be another busy year in employment law.
This document discusses school exclusions and provides guidance on the topic. It begins with an overview of the exclusions landscape and key documents related to exclusions. It then outlines prospective changes being made to exclusions policy, including recommendations from the Timpson Review. The exclusions process is explained as a multi-stage process involving the head teacher's decision, governing board review, and potential independent review panel. Finally, tips are provided to avoid common pitfalls in the exclusions process related to issues like SEND, documentation, and timelines.
Procurement workshop training slides - Birmingham sessionBrowne Jacobson LLP
Managing procurement risks and challenges aims to increase understanding of procurement processes and risks, and knowledge of risk mitigation strategies. The document outlines several procurement stages and associated risks, including pre-market engagement, selection, tendering, contract award, and modifications. Key risks include challenges from bidders, non-compliance with regulations, undisclosed evaluation criteria, and substantial contract changes. Mitigation strategies include transparency, equal treatment of bidders, thorough documentation, and compliance with regulations.
Local authority acquisition and disposal of land - July 2019Browne Jacobson LLP
Ongoing austerity requires authorities to “sweat their assets” and land holdings are a significant focus for the generation of revenue and capital. These slides cover commercial and public law considerations in relation to:
- Powers to acquire land
- Powers to invest through land acquisition including investment purchases
- Potential barriers to disposal
- Powers to appropriate land
- Planning permission
- Powers to dispose of land
- Pre-conditions relating to disposal of land
- A capital receipt or a revenue stream
- Development vehicles and options
- Who do you need to be able to satisfy as to the legality of land transactions
Your employees, their future employers, and your intellectual property - July...Browne Jacobson LLP
Innovation and creativity is driven by your people. How do you as a business encourage innovation, capture the relevant IP assets and reward your innovators? What happens when a key individual leaves the business – how do you ensure that your R&D crown jewels remain legitimately protected? In a market of ever increasing competitive collaboration, setting up the right strategy to ensure the appropriate safeguards are in place and are communicated to your employees is important.
At this Public Sector Planning Club we reviewed:
- Recent developments in planning law, including cases and guidance
- Consideration of the use of planning conditions, including the appropriate use of pre-commencement conditions
- The powers available for stopping up and diverting highways, when these may be used, and points to consider
Browne Jacobson, Deloitte and DoctorLink are pleased to invite you to our first joint health tech seminar with leading industry thought leaders. This will be a practical session, sharing experience from across the NHS and beyond to inform options on how to improve services, break down silos and focus on population health outcomes.
This event is exclusively for Commissioners, GPs, and Policymakers keen to understand how new integrated care systems and models of care can meet the needs of their local population and can be implemented pragmatically and affordably to drive improvement goals and achieve better health, better care and better value.
Education Law Conference Manchester - Monday 10 June 2019Browne Jacobson LLP
1. Implement a clear, well-publicized complaints procedure that outlines appropriate steps and timelines.
2. Address social media issues promptly by controlling the narrative and responding diplomatically or ignoring depending on the circumstances.
3. Understand when the law can help, such as the Protection from Harassment Act for addressing vexatious complaints.
4. Escalate complaints appropriately and clarify the desired outcome to resolve issues efficiently. Stand back when complaints are really about private disputes rather than the school.
Designed to inform, challenge and enliven your perspectives, our packed agenda was designed to provide innovative ideas and fresh perspectives. With a headline session on the management of transgender children needs within a school setting, we aim to provide you with the advice and guidance that the sector currently lacks.
Other topics included:
learning from child death inquests
good governance – so much more than compliance
managing difficult parents and their complaints.
The IICSA has a number of investigative streams, and one of its areas of focus is Accountability and Reparations. It has already recommended that the Government sets up a Payment Scheme for former Child Migrants, and the Government has acted upon it.
Is a redress scheme the way forward for abuse claims? How might it impact your organisation? We are helping more and more organisations explore the pros and cons of redress schemes so that they can decide whether a scheme is right for them and what the longer term impacts might be.
Our Birmingham Claims Club event will cover the following:
- Civil Liability Act 2018
- Freedom of Information Act requests - including 'Information Law, why is it relevant?'
- Brexit and local government
Our London Claims Club event will cover the following:
- Civil Liability Act 2018
- Freedom of Information Act requests - including 'Information Law, why is it relevant?'
- Brexit and local government
Our Admin and Public Law seminar, chaired by Sir Robert Devereux, former Permanent Secretary for the Department for Work and Pensions was held on Thursday 4 April, covering the following topics:
- 'wearing two hats' - managing the legal risks of conflicts of interest and allegations of pre-determination/bias
- information law update session - freedom of information (FOI) cases, General Data Protection Regulation (GDPR)
- case law update
- judicial review - tactics for dealing with judicial review and case law
In this webinar recording, Selina Hinchliffe, Alex Kynoch, Nick Smee and Helen Jones hold a panel discussion covering some of the key state aid concepts and how this impacts ownership and licensing of intellectual property, both from a commercial partner, public body and university perspective.
Whilst you’ve been distracted with Brexit and what that means for your business, you’ve probably missed some significant changes in the law. In our March forum we covered:
- contract changes (what they mean to your supply chain, customers and suppliers)
- data protection (the challenges of becoming a 'third country')
- legal privilege and internal investigations (practical tips following SFO V ENRC)
- employment law (changes to employment law you need to be aware of)
- banking - your banking covenants (what to be aware of - particularly in the event of a downturn ahead)
- property (end of lease issues for business owners).
For further training and resources visit our webpage - https://www.brownejacobson.com/sectors-and-services/sectors/in-house-legal
Every business, and every in house lawyer, will at some point be involved with an enquiry, an investigation, or potential litigation. During litigation, documents – including emails, attendance notes and reports – which are relevant to the litigation may have to be disclosed if they are not privileged.
So businesses need to know how it can assess litigation risk or conduct an enquiry without creating documents that it then has to produce and which may be detrimental to its position. The law on this issue has recently been considered by the Court of Appeal in two key cases: WH Holding Ltd v E20 Stadium LLP and SFO v Eurasian Natural Resources Corp Ltd.
In this webinar recording, our experts Mark Daniels and Helen Simm provide you with the key information you need to identify these issues when they arise and to know how you can best protect your position.
We are all waiting with bated breath for the Supreme Court decision in CN & GN, a case which will have a huge practical impact on service providers. Previously the Court of Appeal was dismayed about the damages claims, that had been litigated with little regard to, or understanding of, the law and reality of social care practice. Some of the team involved in the case discus what might happen next, and analyse the practical effect for you of the Supreme Court judgment.
Whilst that judgment has been awaited many claims have been on ice, but to fill that gap we are seeing many of our clients being affected by:
- pressure to consider Redress Schemes
- the Independent Inquiry into Child Sexual Abuse
- claims being brought directly against them as fostering agencies
- claims under the Human Rights Act
- issues following the implementation of GDPR.
For further information and training visit our webpage - https://www.brownejacobson.com/insurance
In this practical session we explored the legal duties of directors and the difficulties which they may face. The session focussed on individuals who are directors for public sector companies, including their role, obligations and competing interests which may arise.
At our February planning club we covered the following topics:
- planning performance agreements
- expert evidence in planning inquiries
- certificates of lawful use.
For further information and training visit our webpage - https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
Mental health, capacity and deprivation of liberty case law update, February ...Browne Jacobson LLP
Rebecca Fitzpatrick looks at some of the most recent leading cases in relation to the Mental Health Act and Deprivation of Liberty, including the Supreme Court’s important decisions of 'MM' and 'PJ' which consider the interaction between the Mental Health Act and deprivation of liberty in the community. Rebecca also covered the subsequent case of 'AB' which focuses on the role of the High Court’s inherent jurisdiction in these types of cases, and the recent final report from the Mental Health Act independent review chaired by Professor Sir Simon Wessely.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
Genocide in International Criminal Law.pptxMasoudZamani13
Excited to share insights from my recent presentation on genocide! 💡 In light of ongoing debates, it's crucial to delve into the nuances of this grave crime.
What are the common challenges faced by women lawyers working in the legal pr...lawyersonia
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
Lifting the Corporate Veil. Power Point Presentationseri bangash
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
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We’d love to hear your feedback – join in our
conversation on Twitter using #emplaw_bj
Connect with us on LinkedIn –
https://www.linkedin.com/company/browne-
jacobson-llp where you’ll find useful tools and
information that will be of interest to you
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Today’s session
Looking back over the last 12 months, there were
significant developments in relation to:-
1. Working time regulations
2. Equal pay
3. Restrictive covenants
4. Discrimination
5. Immigration Act 2016
4. Join our conversation #emplaw_bj
Today’s session
Looking forward over the next 12 months (and beyond);
1. Whistleblowing
2. Gender Pay Reporting
3. Employment status
4. Data protection
5. Discrimination
7. Join our conversation #emplaw_bj
WTR - Topics
a) Holiday pay calculations
(commission, voluntary
overtime and increased
working hours)
b) Entitlement to rest
breaks
8. Join our conversation #emplaw_bj
WTR – Brief recap
• Implements European Working Time Directive
• Directive aims to protect the health of workers
• Contains legislation governing holiday entitlement, pay and
rest periods
Significant cases:
– Fulton v Bear Scotland
– Paterson v Castlereagh Borough Council
– Plumb v Duncan Print Group Ltd
9. Join our conversation #emplaw_bj
a) Holiday Pay: Commission
British Gas Trading Ltd v Lock (CA) – October 2016
– Mr Lock’s results based commission should have been
factored in to holiday pay calculations
– BUT Court emphasised that each case should be decided
on its own facts
– Bankers’ bonuses (and different established commission
schemes) may be decided differently
– Court of Appeal refused to go into further detail
– British Gas requested leave to appeal to Supreme Court
10. Join our conversation #emplaw_bj
a) Holiday Pay: Voluntary overtime
Brettle v Dudley MBC (ET)
– Voluntary overtime, out of hours standby, and call-out
allowances to be included in holiday pay calculation
– Non-binding decision
– BUT illustration of how tribunals may interpret existing case
law in the future
– The normal rule = elements of pay need to be intrinsically
linked to the required performance under the contract
– Even though the extra shifts were voluntary in this case, once
the employee put their name forward, they were committed to
carrying out the work
11. Join our conversation #emplaw_bj
a) Holiday Pay: Increased working
hours
Greenfield v The Care Bureau Ltd (ECJ)
– Where a part time or variable hours contract employee increases their
hours, annual leave that has already accrued does not need to be
recalculated retrospectively
– Going forward, leave entitlement should be recalculated to reflect the
new working pattern
– Any leave taken in excess of the entitlement that applied under the
previous working pattern should be deducted from the leave going
forward
– The calculation of leave entitlement is the same, regardless of
whether employment has terminated or is continuing
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b) Rest breaks
Grange v Abellio London Ltd (EAT)
• “Working time” is defined as:
– any period during which a worker is working, at his employer's
disposal and carrying out his activity or duties;
– any period during which he is receiving relevant training;
– any additional period which is to be treated as working time for
the purpose of these Regulations under a relevant agreement.
• “Rest period” – any period that is not working time
• Decision: an employer has a duty to afford a worker the right to a
rest break, regardless of whether it has been requested by the
employee
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So what?
• Review risk areas in light of most recent decisions – do you have a
lot of employees who:
– Undertake voluntary overtime; or
– Work on results based commission?
• Consider reviewing working arrangements and reviewing holiday
pay calculation formulae
• Any audit would therefore require a close comparison of working
arrangements to the arrangements in these cases
14. Join our conversation #emplaw_bj
Next steps: Rest breaks
• Consider policies and procedures
for rest breaks
– 48 hour working week
– 20 minute rest break for shifts
over 6 hours
– 11 hours between shifts
– 24 hours rest each week
• Check that policy reflects reality!
Is it always possible for
employees to take their rest
breaks?
16. Join our conversation #emplaw_bj
Equal pay: Overview
• Equality Act 2010
• Employers must give men and women equal treatment
in the terms and conditions of their employment
contract
• Employees can compare any terms in the contract of
employment with the equivalent terms in a
comparator’s contract. A comparator, broadly, is an
employee working for the same employer (and who has
pay set by the same source) doing like work, work
rated as equivalent or work of equal value.
17. Join our conversation #emplaw_bj
Equal pay – Brierley v Asda Stores Ltd
• 7,000 (mainly female) equal pay claims from
current and former retail employees
• Arguing that the (mainly male) employees in the
distribution depots were paid substantially more
• ET preliminary hearing on whether the retail staff
can use the distribution staff as comparators when,
on the face of it, they do different work
18. Join our conversation #emplaw_bj
Equal pay – Brierley v Asda Stores Ltd
• Asda argued that there was not a ‘single pay
source’ (the employees were split between Retail
and Distribution) and that the two groups were not
on common terms or carrying out like work
• ET thought differently, deciding that the executive
board was the single pay source and, whilst specific
terms were different, the ET found the
employment terms were broadly similar
19. Join our conversation #emplaw_bj
So what?
• Watch this space – only a preliminary hearing, the full
claim may yet be unsuccessful
• BUT take note if you employ staff on broadly similar
terms who carry out different roles
• Are they of equal importance to the business?
• If they are paid unequally – a risk assessment may need
to be carried out
• Court is willing to look beyond corporate structures and
determine who has the power to create pay equality
21. Join our conversation #emplaw_bj
Restrictive covenants: Overview
• Contractual term that can place post termination
restrictions on an employee in relation to:
– Employment with competitors
– Poaching colleagues
– Poaching clients/customers
• To be enforceable they must be reasonable in
duration and geography, not going beyond what is
reasonably necessary in order to protect legitimate
interests of the employer’s business
22. Join our conversation #emplaw_bj
Bartholomews Agri Food v Thornton
• Employee began work with the employer as a trainee
agronomist in 1997
• At this time he had no experience or customer base
• At the time of termination, the employee’s customer
base made up for 2% of the employer’s overall turnover
• Employee challenged the enforceability of a non-
compete clause which prevented him from working
with the whole of the employer’s customer base for 6
months
23. Join our conversation #emplaw_bj
Bartholomews Agri Food v Thornton
• High Court rejected the covenant on two grounds:
• If a covenant is unenforceable when it is first imposed
(it was imposed when the employee was a trainee,
meaning, at that time, it was wholly unreasonable due
to his lack of client base), it will remain
unenforceable regardless of experience gained or
promotions
• Preventing an employee from dealing with any
customer regardless of previous dealings is too wide,
even after a 20 year career
24. Join our conversation #emplaw_bj
So what?
• Don’t just get off the shelf covenants drafted up –
think about it!
• When was the covenant agreed? The question is
whether it was reasonable then, not whether it is
reasonable now
• Is the covenant limited?
• Many covenants in employment contracts are
outdated and too wide – check them every time
your employees are promoted – do they still work?
26. Join our conversation #emplaw_bj
Recent developments – age
discrimination
Gorka Salaberria Sorondo v Academia Vasca de
Policia y Emergencias (ECJ)
• Article 2 Equal Treatment Framework Directive & Equality
Act 2010
• Police force entitled to set an upper age limit of 35
• The difference in treatment was not based on age itself, but
a characteristic related to age
• Must be a ‘genuine occupational requirement’
• Treat with caution – good health and fitness may have
been a more appropriate requirement
27. Join our conversation #emplaw_bj
Recent developments – sham job
applications (1)
Kratzer v R+V Allgemeine Verischerung AG, (ECJ)
• C application for graduate trainee position rejected,
forming the basis of a complaint for age discrimination
• C later found out that the four positions were all
offered to women, leading to a subsequent sex
discrimination claim
• Employer explained to C that the rejection had been
automatically generated and did not reflect its
intentions
28. Join our conversation #emplaw_bj
Recent developments – sham job
applications (2)
• ECJ held that European discrimination law does
not protect those who are only applying for a
job to enable them to bring a discrimination
claim
• Whether or not the application is genuine will
be a question of fact in each case
29. Join our conversation #emplaw_bj
Recent developments – sham job
applications (3)
• A sham applicant is
often a recruiter’s worst
nightmare and this case
is very welcome
• It also reflects the ECJ’s
willingness to stamp out
the abuse of
employment rights
30. Join our conversation #emplaw_bj
Reasonable adjustments (1)
G4S Cash Solutions v Powell (EAT)
• Engineer developed back problems and could no
longer carry out his role
• Classed as disabled under the Equality Act 2010
• Moved to junior ‘key runner’ role – salary protected
• Employer later tried to reduce salary to reflect less
skilled role
• Held that pay protection can be a reasonable
adjustment in appropriate circumstances
31. Join our conversation #emplaw_bj
So what?
• Joins the body of case law that suggests that just about
anything can be considered a reasonable adjustment
• Unions may use this case as a basis to start suggesting
pay protection as the normal response to disability
• Remember that each case turns on its own facts, and
that indefinite pay protection as a reasonable
adjustment depends on all kinds of factors, not least
the size and resources of the employer
• Remind unions of this and seek advice
32. Join our conversation #emplaw_bj
Reasonable adjustments (2)
McFarlane v EasyJet (ET)
• Air stewardesses, on medical advice, requested
adjustments to working hours to allow them to
express milk
• EasyJet refused to accommodate
• Held that this indirectly discriminated against
women
33. Join our conversation #emplaw_bj
Reasonable adjustments (3)
Analysis:
• ET decision = not binding
• BUT reflects general trend towards support for family
life
• Consider alternative working arrangements for
returning maternity leavers carefully
• If alternative working arrangements are refused, ensure
you have very good reasons and solid evidence -
particularly if this conflicts with medical advice
34. Join our conversation #emplaw_bj
Other interesting cases in 2016…
“Pulling a sickie” - Dismissals
• Employees that make up, or exaggerate the effects of, an injury or
illness to take sick leave fundamentally breaches the implied term
of trust and confidence which can result in dismissal for
misconduct.
Assault at a Christmas party – Vicarious liability
• Company not vicariously liable for an assault on an employee by
another employee which occurred at 3am after the Christmas
party. BUT, they could have been liable had it occurred during the
party…
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IA 2016 - topics
a) Immigration overview
b) Public sector fluency duty
c) Other changes
37. Join our conversation #emplaw_bj
a) Immigration: Overview
• It is unlawful to employ a person who does not
have a right to live and work in the UK or who is
working in breach of their conditions of staying in
the UK
• Initial and, sometimes, follow up checks required
• Failure to do so can lead to civil or criminal
penalties
• Enforced by the Home Office (via immigration
officers)
38. Join our conversation #emplaw_bj
b) Public Sector Fluency Duty
• Introduced under the Immigration Act 2016
• Came into force on 21 November 2016
• Applies to public authorities (including NHS Trusts)
• Public authorities
• Code of practice will come into force on 22
December 2016 – gives guidance and examples for
employers
39. Join our conversation #emplaw_bj
b) What is it?
• The fluency duty applies to those persons working
in roles which have, as a regular and intrinsic part
of that role, a requirement to speak to members of
the public in English.
• This could be in face to face discussions or over the
telephone.
• It covers employees, apprentices, workers and
agency workers
40. Join our conversation #emplaw_bj
b) Steps to take
• Assess what standards are required for particular
roles and whether those standards are being met.
• If not, consider training / methods of support
• Review existing policies and procedures to include
reference to the fluency duty
• Review employment contract to include reference
to required fluency standard
• Ensure members of the public are aware of the
complaints procedure and how they can access it
41. Join our conversation #emplaw_bj
c) IA 2016: Other changes (1)
• It used to be a criminal offence to knowingly employ
an individual who does not have the appropriate
permission to undertake the work for which they are
employed
• From 12 July 2016, the offence was widened to include
employing an illegal worker where the employer has
“reasonable cause to believe” the employee does not
have the appropriate immigration status.
• Increased conviction on indictment from 2 to 5 years
42. Join our conversation #emplaw_bj
c) IA 2016: Other changes (2)
• A power of immigration officers to close businesses that
continue to employ illegal workers
• Increased powers for immigration officers to enter
businesses and seize/retain evidence
• A requirement that public authorities ensure public sector
workers in customer-facing roles speak fluent English
• April 2017 - Provisions giving the secretary of state the
power to introduce an ‘immigration skills charge’ on certain
employers who sponsor skilled workers from outside the EEA
45. Join our conversation #emplaw_bj
Whistleblowing - recap
• Cannot dismiss or subject
an employee to a detriment
for making a protected
disclosure
• To gain protection from
regulations, employee must
make a qualifying
disclosure of information
• Disclosure must be “in the
public interest”
46. Join our conversation #emplaw_bj
Who is covered? (1)
McTigue v University Hospital Bristol (EAT)
• C was a nurse supplied to UHB by an employment
agency
• C made protected disclosures and was dismissed by
UHB
• C believed her dismissal was a result of the
protected disclosures
• C brought a whistleblowing claim against UHB
47. Join our conversation #emplaw_bj
Who is covered? (2)
• Only those classed as ‘workers’ are covered
• C’s main contract was with TMS Ltd, not UHB
• Employment Tribunal decided that, for this reason,
C was not a ‘worker’ of UHB – claim struck out
• Employment Appeal Tribunal decided that she was
a worker because UHB had substantially
determined terms of C’s work, regardless of
whether this was to a lesser extent than the agency
48. Join our conversation #emplaw_bj
What to look out for this year
Chesterton Global Ltd v Nurmohamed; Underwood v Wincanton Plc:
– Contractual disputes can be in the public interest
– “Public” can be small section of society
– Public interest test is subjective
– Appeal was due November 2016, now to float on 8 June 2017
Royal Mail Group Ltd v Jhuti:
– An employee can be automatically unfairly dismissed for making a
protected disclosure, even where the person dismissing them is
unaware of those disclosures
– Court of Appeal: To float on 28 or 29 June 2017
49. Join our conversation #emplaw_bj
Whistleblowing – what you need
to do
• Ensure policies are clear and up to date
• Ensure management understand their obligations
under such policies
• When dealing with dismissals take a broad
approach to spotting a potential whistleblowing
situation and seek legal advice if unsure
• Don’t assume agency staff are not protected – if
you exercise a degree of control over contract
terms, they could be ‘workers’
51. Join our conversation #emplaw_bj
Gender Pay Reporting
• Final draft Government regulations published 6
December 2016
• All relevant employers with more than 250
employees will be required to publish
information about their gender pay gap
• Includes bonus information
• Government has pledged to work with
businesses to eliminate all-male boards in top
350 companies
52. Join our conversation #emplaw_bj
Gender Pay Reporting – next
steps
• carry out a pay audit to identify what your likely
gender pay gap will be and the reasons for this;
• benchmark your gender pay gap within your industry;
• consider what information you will want to add to any
report to set your figures in context;
• start to plan a strategy to address your gender pay gap
• Consider communication strategy ahead of publication
date
• We can help you!
54. Join our conversation #emplaw_bj
The ‘gig economy’
Aslam & Farrar v Uber
• Uber drivers are 'workers' and not self-employed,
according to the Employment Tribunal in a test
case brought by two claimants
• Judgment strongly critical of Uber for attempting
to argue that it was “technology platform”, rather
than a transport company
55. Join our conversation #emplaw_bj
The “gig economy” continued…
Dewhurst v CitySprint Uk Ltd (ET decision)
Bicycle courier was expected to:
• Smile
• Wear a uniform
• Work when they said they would
• Follow directions
Result – “worker” and not self employed
56. Join our conversation #emplaw_bj
So what?
• These cases are limited in factual scope (unless you’re a
company named Deliveroo…)
• BUT there is a trend emerging which undermines any
attempt to introduce flexible working with little liability or
security (the so-called ‘gig economy’)
• Coincidentally, an inquiry by a Commons Select Committee
into the issues affecting workers, zero hour contracts and
the self-employed has been launched
• Be aware of the complexity of determining employment
status, and the risks of getting it wrong
58. Join our conversation #emplaw_bj
Data protection
• Criminal records checks
– Enforced subject access requests illegal for most
jobs since 10 March 2015
– What about enhanced criminal records checks?
• Can a subject access request be refused on grounds
of disproportionality or improper purpose?
– Potentially yes. Awaiting Court of Appeal judgment
to provide answer/guidance soon
59. Join our conversation #emplaw_bj
General Data Protection
Regulation 2016
• EU regulation made April 2016 with direct effect as of
May 2018
• How will its provisions affect employers?
– SAR fee of £10 to be removed
– Any request to be completed in 1 month rather than 40
days
– Purposive approach means employers will likely have to
provide more detailed information
• Policies and handbooks may need revision in light of
this
60. Join our conversation #emplaw_bj
5. Discrimination
Home Office (UK Border Agency) v Essop and others
• Claimants must demonstrate the reason why they suffer
a disadvantage in indirect discrimination claims
• Supreme Court judgment awaited…
61. Join our conversation #emplaw_bj
6. Apprenticeship levy recap
• Expected to come into force in April 2017
• All employers will pay 0.5% of their pay bill but
will receive £15,000 annual allowance against
the levy
• In effect only employers whose pay bill exceeds
£3m per year will contribute (fewer than 2% of
employers)
62. Join our conversation #emplaw_bj
7. Trade Union Act 2016
• Royal assent 4 May 2016 – provisions expected to come
into force early 2017
• Ballot thresholds and results
• Notice of industrial action increased
• Expiry date of industrial action
• Supervision of picketing
• Facility time
• Restricts most aspects of strike action and will come as
a relief to employers
63. Join our conversation #emplaw_bj
Trade Union Act 2016: Next steps
R E L A X
• The upcoming changes generally make it more
difficult for unions to organise and carry out strike
action
64. Join our conversation #emplaw_bj
8. Tribunal update
R (Unison) v Lord Chancellor and another [2015] EWCA Civ
935
• Court of Appeal rejected the arguments that Tribunal fees
regime:
– prevented claimants from having access to justice
– was indirectly discriminatory; and
– Lord Chancellor had failed to satisfy the public sector duty
• Unison has sought permission to appeal to the Supreme
Court
• A decrease in fees will probably lead to an increase in
litigation
65. Join our conversation #emplaw_bj
New process for judicial
assessment at Tribunal
• Presidential Guidance creating a process of judicial
assessment
• intended to be a confidential and voluntary process
whereby a judge will make an initial assessment of
the strengths and weaknesses of the parties' cases,
to take place at a Preliminary Hearing
• Requires both parties to consent
• Process is free (but risky) – may either deter or
encourage litigants in person
66. Join our conversation #emplaw_bj
9. Autumn Statement
Implications for employers and employees:
- NMW and NLW increase
- Income tax threshold increase
- Salary sacrifice: restricted to certain benefits
- Employee-shareholder status tax advantage
abolished
- Termination payment – taxation over £30k now
includes NI, this generally make termination
payments more expensive for employers
67. Join our conversation #emplaw_bj
And finally, this annual update
would not be complete without…
69. Join our conversation #emplaw_bj
Employment law to change?
• Perhaps but not just yet
• Once Article 50 is triggered (at the end of March 2017 –
according to the government timetable), there will be
a 2-year negotiation period (extensions can be agreed
with EU) during which EU law will still apply.
• On leaving the EU, it is expected that The Great Repeal
Bill will come into force, automatically transferring all
EU Law into UK law
• The Bill will be officially announced in the next
Queen’s Speech (April or May 2017)
70. Join our conversation #emplaw_bj
Government pledges
• In theory, this would allow existing employment
law to be stripped back after March 2019,
particularly those employment rights (agency
worker protection, working time regulations etc.)
contained in secondary legislation
• However, Theresa May and David Davis (Secretary
of State for Brexit) have made assurances that this
will not be the case, and UK employment law will
remain untouched
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What about EU staff?
• Currently around 3 million citizens of other EU
countries living in the UK
• Still have the right to live and work freely in the UK
• Right of permanent residency?
• Rights of non-EU skilled workers
– Refusal to hire EU candidates is grounds for
discrimination before Brexit implementation date
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What about UK workers?
• Over 1.3 million UK nationals also live abroad in EU
countries
• British expats could lose right to visa-free
employment in EU/EEA countries
• Employers may find they have to comply with more
restrictive rules for employees based outside UK
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The future
• The assurances of the prime minister does not bind her
government, even less so future governments
• Long term, there is a possibility that some of the more
unpopular EU derived regulations, such as agency
worker regulations or holiday pay, may be amended
• In the short term, it is important to remember that
freedom of movement is by no means guaranteed,
particularly if a ‘hard-Brexit’ occurs in March 2019
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Practical Advice
• Uncertainty about extent/concessions to maintain free movement
• Continued compliance with EU regulations to preserve
competiveness (data protection)
• Time to apply for a sponsorship licence?
• Employers should prepare by undertaking an audit to assess how
many of their employees rely on membership of the EU for their
ability to work in the UK, in order to assess areas of vulnerability
• Current costs:
– £1,236 for naturalisation
– £85 for permanent residence card + biometric data
– Up to £1,476 for sponsorship licence