Welcome to The University of Law

Transcription

1 Welcome to The University of Law Employment Practice The University of Law Limited Employment Practice Day 2 Equal opportunities Disputes Settlement Equal Opportunities Background 40 year development Equality Act 2010 Legislative goal What is meant by equal opportunities and workplace diversity? The University of Law Limited

2 Discrimination : Equality Act Who has protection? Territorial scope Who is liable? In the course of employment Individual perpetrator 3 rd parties? Discrimination : Equality Act Gender Gender re-assignment Pregnancy & Maternity Marital/civil partnership Race Ethnic & national origins Nationality Colour The University of Law Limited

3 Sexual orientation Homosexual Lesbian Heterosexual Bisexual Religion or belief Religion Religious belief Philosophical belief Age Actual age Perceived age Age group Disability Impairment Physical/mental Exclusions & deemed disabilities Substantial Long-term Adverse effect Normal day-to-day-activities Affect of medical treatment / aids The University of Law Limited

4 Discrimination unlawful Throughout employment relationship In recruitment Terms Opportunities in employment Detriment & dismissal What is discrimination? All strands Direct Indirect Victimisation Harassment Additional disability Duty to make reasonable adjustments Discrimination arising from a disability Direct discrimination Less favourable treatment Comparator Reason for treatment Objective justification (Age only) Preemployment health questions Actual / hypothetical Connection to protected characteristic Proportionate means of achieving legitimate aim The University of Law Limited

5 Indirect discrimination Provision Criterion Practice Disadvantage to group Disadvantage to individual Objective justification Imposed on all Connection to protected characteristic Proportionate means of achieving legitimate aim Harassment Unwanted conduct Reason for conduct Purpose OR Effect Subjective & objective Violating dignity Creating intimidating, hostile, degrading environment Additional sexual harassment Conduct of a sexual nature Less favourable treatment Victimisation Subjected to detriment Connection to protected act Protection lost False allegations & Bad faith The University of Law Limited

6 Discrimination arising from a disability Unfavourable treatment Connection to protected characteristic Objective justification Proportionate means of achieving legitimate aim Knowledge of disability Duty to make reasonable adjustments Provision Criterion Practice Physical feature Auxiliary aid Substantial disadvantage to individual Comparator Knowledge Reasonable adjustments Burden of proof Shifting Defence & Exceptions General Age-specific Questions of E r Remedies Time limits Compensation The University of Law Limited

7 Grievance & Disciplinary Acas Code of Practice Impact of failure to follow What is a grievance? Grievance process Submit Meeting Decision Appeal In practice... Grievance & Disciplinary Scope of Acas Code Importance of policy Discipline process Informal action Formal action Investigation Notification Meeting Appeal Monitoring Overlap with grievance In practice Employer considerations Part X ERA 1996 Requirements of fair dismissal focus on Reason for dismissal Process leading to dismissal The University of Law Limited

8 What is a dismissal? Employer termination Expiry fixed-term contract Constructive dismissal No dismissal Unforced resignation Agreement Reason for dismissal Automatically fair Automatically unfair Potentially fair... Conduct Capability Redundancy Statutory restriction SOSR Reasonableness of dismissal Size & administrative resources Equity & substantial merits Band of reasonable responses Acas Code Case law The University of Law Limited

9 Redundancy S.188 TULR(C)A Practicalities Contract terms Notice Return of property EDT With notice Without notice Statutory minimum Expiry fixed-term PILON Unfair dismissal Eligibility Employees Service criteria Territorial restrictions Time limit Remedies Wrongful dismissal Time limit Remedy Discriminatory dismissal Eligibility Time limit Remedy The University of Law Limited

10 Statutory redundancy pay Eligibility Service requirement Suitable alternative? Calculation Time limit Remedy Protective award Collective claim Up to 90 days pay Special circumstances defence Settlement Acas Compromise agreement Claims which cannot be settled Claims which can be settled Statutory requirements Agreement content Compensation considerations tax Repayment / penalty? The University of Law Limited

11 Settlement Negotiation Pre-termination negotiations(unfair dismissal) Without prejudice Approach Pitching the offer Through Acas (inc. Early Conciliation) Agreement enforcement Employment Practice Day 2 Equal opportunities Disputes Settlement The University of Law Limited