1 / 28

Employment Law and Case Review CIPD Coventry and Warwickshire Branch August 2013

Employment Law and Case Review CIPD Coventry and Warwickshire Branch August 2013. Employment Law Training Ltd Practical Workshops and advice for Employers on all Employment Topics tel: 01789 470 700 email: derek@eltraining.co.uk web: www.eltraining.co.uk

monte
Download Presentation

Employment Law and Case Review CIPD Coventry and Warwickshire Branch August 2013

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Employment Law and Case Review CIPD Coventry and Warwickshire Branch August 2013

  2. Employment Law Training Ltd Practical Workshops and advice for Employers on all Employment Topics tel: 01789 470 700 email: derek@eltraining.co.uk web: www.eltraining.co.uk We now sell employment documents: www.employmentlawtemplates.co.uk

  3. Download these Powerpoint slides by going to our website: www.eltraining.co.uk Click: Employment Downloads

  4. Change under way?

  5. Change under way? April 2012 Two years qualification for unfair dismissal Increase in deposits to £1000 Increase in recoverable costs to £20,000 Tribunal Judge sits alone for most Dismissal cases

  6. Change under way? Spring/Summer 2013 Changes to Whistleblowing law - Public Interest requirement – June; Employer now has vicarious liability for harassment - July No qualifying period for unfair dismissal connected to political belief - June Change to implementation date of statutory payments (from Feb to April 2014); rounded to nearest pound. Consultation rules amended to 45 days for large scale redundancies/dismissals (100+) - April Parental leave up to 18 weeks per child, unpaid. April.

  7. Change under way? Spring/Summer 2013 Tribunal fees and remission rules - July New ET1 and ET3 forms - July New cap on unfair dismissal compensation – lower of one years pay or £74,200 - July Settlement Agreements replace Compromise Agreements - July Judge normally to sit alone at EAT from June.

  8. Change under way? Spring/Summer 2013 Pre Hearing Reviews and Case Management hearings to be combined into one “Preliminary Hearing” – July Revised Tribunal rules come into force, including new powers to “strike out” claims – July Caste discrimination to be a protected characteristic, but no implementation date

  9. Change under way? Autumn 2013 Removal of third party harassment rules from Equality Act Employee Shareholders rights introduced Financial penalties (fines) on Employers; up to £5k

  10. Change under way? April 2014 ACAS early intervention scheme: requires secondary legislation Repeal of Discrimination Questionnaires from Equality Act Sickness absence Independent Assessment Scheme Flexible working rights extended to all employees with 26 weeks service – ACAS to issue Code of Practice

  11. Change under way – possibly!!? No dates. Legal officers, not judges, to deal with “simple, low value claims” Equal pay Audits for Employers who breach Equal Pay rules

  12. Tribunal Fees – 29 July 2013 Level 1(straightforward) claims £160 issue fee; £230 hearing fee Level 2 claims (the rest!) £250 issue fee; £950 hearing fee Employment Appeals £400 appeal fee; £1,200 hearing fee NB. Subject to two legal challenges! Unison obtain permission for a Judicial Review; probable hearing in October.

  13. Settlement Agreements orWithout prejudice?

  14. Adult Rate (over 21) £6.31 Lower rate (18 to21) £5.03 Youth rate (16/17) £3.72 Apprentice minimum wage - £2. 68 per hour. This rate will apply to: apprentices under 19 apprentices aged 19 and over, but in the first year of their apprenticeship Minimum Wage RatesOct 2013

  15. Cases continue to surface. Quashie v Stringfellows Restaurants 2012 Lap dancer seeks to claim unfair dismissal – ie are they an employee? Yes said EAT, no says Court of Appeal! Employment Status

  16. Methodist Church v Preston SC 2013 Methodist Minister not an employee; Supreme Court overturns EAT and Court of Appeal! Employment Status

  17. Religion and Belief

  18. Religion and Belief update Grainger plc and ors v Nicholson. EAT . Environmental views capable of protection. The EAT had had regard to case law of the European Court of Human Rights to the effect that, for a belief to qualify for protection, it must have: sufficient cogency, seriousness, cohesion and importance, in addition to being worthy of respect in a civilised society.

  19. Religion and Belief update Ladele v London Borough of Islington [EAT 09; CA confirms EAT decision] Balancing rights on grounds of Religion and Sexual Orientation (Registrar refuses civil partner duties) McFarlane v Relate Avon Ltd [ET Case 09] Refusal, on religious grounds,to counsel same sex Eweida v BA Court of Appeal 2010 Refusal to remove cross. Decision January 2013 ECJ

  20. Religion and Belief update Redfearn v United Kingdom (ECJ 2012) Political belief? Bus driver dismissed over BNP membership.

  21. Age Discrimination SRA – Statutory Retirement Age The Government removed the SRA from October 2011. Any compulsory retirement age must now be an Employer Justified Retirement Age

  22. Age Discrimination Justification for a Retirement Age? Seldon v Clarkson Wright and Jakes SC 2012 2013 – Tribunal agrees 65 was a proportionate RA • Opens opportunities for promotion and retention • Facilitates workforce planning • Reduced need to discipline/confront employees on performance issues • Contributes to a congenial and supportive environment • Trade union agreement • Availability of other income e.g. pension

  23. Age DiscriminationCases James v Gina Shoes EAT 2012 Comments included “old dogs and new tricks” remark. Roberts v Cash Zone ET 2013 Miss Roberts was referred to by her supervisor as a ‘kid’, a ‘stroppy kid’ and a ‘stroppy little teenager’. Nolan v CD Bramhall (Evans Halshaw) ET 2013 Car salesman, aged 64, selected for redundancy, subjected to banter. The ‘only joking’ defence!

  24. Case law updateFacebook, Twitter and tweets! Crisp v Apple Retail ET 2011 Facebook comments about products = gross misconduct. Smith v Trafford Housing High Court 2012 Facebook thoughts/comments on gay marriage not gross misconduct Flexman v BG International ET 2012 Comments on “LinkedIn”; constructive dismissal claim upheld.

  25. Case law update Vaughan v London Borough of Lewisham EAT 2013 Evidence obtained by “covert” recordings Davies v Sandwell MBC Court of Appeal 2013 Conduct dismissals and final warnings. Was final warning “reasonable”? Unison v London Borough of Barnet . Watford ET 2013 Failing to provide Union with information on Agency Workers in redundancy and Tupe consultation

  26. Case law update USDAW v Ethel Austin Ltd and another case (Woolworths!) EAT 2013 (Decision appealed) Definition of “an establishment” for redundancy consultation purposes Sood Enterprises v Healy EAT 2013 Carry over of holidays on long term sickness Neil v Freightliner Ltd. ET 2013 Overtime and shift premia to be included in holiday pay Parkwood Leisure v Alemo-Herron ECJ 2013 TUPE and collective agreements

  27. Employment Law Training Ltd Practical Workshops and advice for Employers on all Employment Topics tel: 01789 470 700 email: derek@eltraining.co.uk web: www.eltraining.co.uk We now sell employment documents: www.employmentlawtemplates.co.uk

More Related