What we’ll be covering• Legislation update (since Spring 2014)
• Case law update – a selection
• Tribunal fees
• Looking ahead
Legislation updateContinuing changes to tribunal process and procedure:
• Early conciliation by Acas
• Abolition of discrimination questionnaires
• Financial penalties for employers losing tribunal claims – any examples?
• Changes to fees – reclassified as ‘Type B’
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Legislation updateExtension of the right to request flexible working:
• Now all employees with 26 weeks’ continuous service have the right to apply
• Statutory procedure replaced by requirement to deal with requests in a ‘reasonable manner’
• Acas Guidance and Code of Practice
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Legislation updateSmall Business, Enterprise & Employment Act:
• Ban on exclusivity clauses in zero hours contracts –applies to contracts where hourly rate is under £20 and not guaranteed a certain level of weekly income.
• Enforcement of tribunal awards
• Public sector exit payments – repayment of certain exit payments if individual re-employed in public sector within prescribed period
• Whistleblowing
• Guidance for Employers and Code of Practice
• Prescribed Persons Guidance
Legislation updateChanges to Acas Code – Right of accompaniment:
• What was the problem? (Toal v GB Oils)
• Section 10 of the Employee Relations Act 1999
• Right of accompaniment now conditional on worker/employee making a ‘reasonable request’ – chosen from one of statutory categories
• Any risk to employers?
• Companions outside the statutory framework?
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Legislation updateNew family friendly rights from 5 April 2015:
• Introduction of Shared Parental Leave for parents of children due to be born or placed for adoption on or after 5 April 2015 – issues?
• Adoption Leave becomes a day one right (previously 26 weeks’ service)
• SAP enhanced to 90 % of adopter’s salary for first six weeks
• Those fostering a child under ‘Fostering for Adoption’ scheme entitled to adoption leave
• Intended parents in surrogacy arrangement entitled to statutory leave and pay
• Right to unpaid parental leave extended to parents of children five to 18 years
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Legislation updateFit to work service:
• GPs and employers able to refer eligible employees to FFW for free occupational health assessment
• How is eligibility defined?
• The Return to Work Plan
• Tax Exemption for employers
• What changes should employers make to present practices?
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Recent case law – a selectionDiscrimination:
• Jessemy v Rowstock Ltd ( CA) - post-employment victimisation prohibited by Equality Act 2010
• Hainsworth V MOD (EAT) - associative discrimination does not apply to the duty to make reasonable adjustments
• Kaltoffv Billund(CJEU) - obesity in itself not a disability
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Recent case law – a selectionWorking time – annual leave:
• Bear v Scotland (CJEU) - calculation of annual leave, overtime payments to be included
• Implications for employers
• Two years’ cap on backdated claims
• The Sash Window Workshop Ltd v King (EAT) - carry over of holiday for reasons not related to sickness absence
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Recent case law – a selectionRedundancy and maternity:
• In a redundancy situation Regulation 10 of the Maternity & Parental Leave Regs. 1999 requires that a woman on maternity leave ‘goes to the front of the queue’ for suitable alternative employment
• This duty arises when employer aware that woman’s role is redundant or potentially redundant
• A failure to offer a suitable vacancy renders the dismissal of a woman on maternity leave automatically unfair (Sefton Borough Council v Wainwright)
• BUT - whether or not direct discrimination will depend on the reason why the woman was not offered vacancy
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Recent case law – a selectionTUPE:
• Continued analysis of how to define a Service Provision Change (SPC)
• Problems of post-transfer harmonisation – Hazel v The Manchester College - and the position post-January 2014?
• TUPE & disciplinary appeal (Salmon v Castlebeck Care (Teedale) Ltd) (EAT)
• Result of successful appeal meant employee transferred
• Highlights the necessity of adequate due diligence by transferee
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Tribunal fees• Massive decrease in applications to ETs and EAT
• Legal challenges by Unison dismissed – for the time being!
• Further developments depend on the outcome of the election?
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Looking ahead• 2010 -2015 reforms represent major change in approach to
employment law: employer- friendly?
• Outcome of the general election on 5 May will decide future complexion & development of employment law in the UK
• And the Scottish dimension?
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