cipd seminar
DESCRIPTION
Walker Morris Employment Update Seminar - 30th September 2011TRANSCRIPT
EMPLOYMENT LAW UPDATE
PREPARED BYANDREW RAYMENT, LOUISA DEBOER AND LYDIA NEWMANWALKER MORRIS
PRESENTATION PREPARED FOR THE CIPD
29 September 2011
Parental Leave and Flexible Working Proposals
10 Parental leave:
– Unpaid leave for fathers to attend antenatal appointments;
– An 18-week period of maternity leave;
– A new 34-week period of shared parental leave;
– Increase parental leave
– Changes may come into force in April 2015
Flexible working:
– Changes to the statutory request procedure
– More than one request may be made in any 12 month period
9Employment Tribunal Statistics and Figures
Total Number of claims – 218,000 (8% decrease)
122,800 (9% increase), 12 % cases successful
Mean awards:
– Unfair dismissal - £8,924
– Race discrimination - £12,108
– Disability discrimination - £14,137
– Age discrimination - £30,289
Ministry of Justice statistics
8The Equality Act update
Equality Act under review
Combined discrimination abolished
Third Party Harassment
Socio-economic duty
7TUPE
Albron Catering v FNV Bondgenoten
Parkwood Leisure Ltd v Alemo-Herron
OTG v Barke
– Oakland decision wrong
– Pre-packs not exempt from TUPE
6Employment Status
Employee, Worker, Self-employed
Autoclenz v Belcher
– Reality of Legal relationship
– Discarding/Ignoring contractual terms
– Importance of a genuine right of substitution
Impact for business – review the reality of relationship
5Facebook and Social Networking
Preece v Wetherspoon
Whitham v Club 24 Ltd t/a Ventura
Damage to reputation
Importance of Social Media Policy
Acas Guidance
4Right to Legal Representation
G v The Governors of X School
– No right to legal representation
– Article 6 not engaged as no determination of civil rights
Kulkarni v Milton Keynes NHS Trust
– Profound career consequences may engage Article 6
3Abolishment of Default Retirement Age
Impact on business
Retirement is no longer a fair reason for dismissal
– Conduct, Capability, Redundancy, Illegality, SOSR
Workforce management and planning
Ignore age – it is a protected characteristic
Greer v Coulter (t/a Alphreso Cafe) NIIT/2750/10
3Case Study – Retirement
You have a 64 year old man, John Smith in your team.
John's role involves a substantial degree of heavy lifting. You have
noticed that John has had difficulty with lifting and other elements of
his role for a few months but you have not taken any action because
he is close to retirement age.
What can you do about this situation?
What steps should you now take?
2Agency Workers Regulations
1 October 2011 – in force
Day one rights
– Collective facilities, information on vacancies
12 week rights
– Pay, annual leave, rest periods and rest breaks, night working
Swedish Derogation
Tribunal claims
BIS - Guidance
2Agency Workers Regulations
Agency Workers are individuals who are:
– supplied by a Temporary Work Agency (TWA); and
– work temporarily for and under the supervision of a Hirer; and
– have an employment contract or any other contract with the TWA to perform
work or services personally
A Temporary Work Agency is an entity engaged in -
– supplying individuals to work temporarily for and under the supervision/direction
of Hirers; or
– paying, receiving or forwarding payment for, the services of individuals who are
supplied to work temporarily for and under the supervision/direction of Hirers
A Hirer is an end user to whom individuals are supplied to work temporarily
for and under the supervision and direction of that person
2Agency Workers Regulations
The Regulations do apply to:
– Typical agency staff – where there is a tri-partite arrangement;
– Individuals working for Umbrella Companies; and
– Individuals who operate limited liability companies but are not genuinely
self-employed
The Regulations do not apply to:
– The genuinely self-employed;
– Workers who operate under Managed Service Contracts;
– Bank staff; or
– Seconded employees
2Case Study – Agency Workers
You hire an agency worker to work as a receptionist.
After 16 weeks she approaches you and complains that she is not
being paid the same amount as other receptionists. They are all
employed directly by you.
What action should you take?
How would you act differently if she complained that she was
not being allowed access to the site’s staff common room?
1The Future
Unemployment now stands at 2.51 million – 7.9%
20 million jobs already lost in G20 countries, expected to rise to 40
million by the end of 2012
“We are looking at a half decade of jobs drought. For the UK it will
get worse before it gets better” – Dr John Philpott, chief economist CIPD
Consequences:
– Increased unfair dismissal and discrimination claims
– Increased liquidations, administrations and redundancies
– Reduced levels of morale, workforce problems
1The Future
Red Tape Challenge:
– Discrimination compensation
– TUPE
– Collective redundancy
Tribunal Proposals:
– Unfair dismissal – 2 year qualifying period;
– Acas pre-claim conciliation;
– Increased powers to strike out, order deposits, case management;
– Calderbank offers
– Judges to sit alone in Unfair Dismissal claims
Questions?
Andrew Rayment
Employment and Human Resources
Partner
Contact details:
Tel: 0113 283 2500
Louisa Deboer
Employment and Human Resources
Associate
Contact details:
Tel: 0113 283 2500
Lydia Newman
Employment and Human Resources
Solicitor
Contact details:
Tel: 0113 283 2500
UPCOMING SEMINARSEMPLOYMENT BRIEFINGS
The Walker Morris Employment Team will be launching a series of employment HR
related seminars over the coming months.
If you would be interested in attending these seminars, would like to receive Walker
Morris Employment Briefings or the “Little Green Book of Employment Law”
please contact Beverley Kemp on 0113 399 1885.
• Facebook Firings
• The end of the Default Retirement Age (DRA) and
succession planning with your business