Employment Law Breakfast Briefing. March 2013

Transcription

1 Employment Law Breakfast Briefing March 2013

2 Review of 2012 Edward Jenneson

3 Qualifying period for unfair dismissal

4 Judges sitting alone

5 Witness Statements

6 Increase costs award Increase deposit award Increase cost of Tribunals - now at record 84 million per year

7 Looking at mediation before litigation

8 Increase in statutory payments

9 National minimum wage - 1 October to and over 2.60 to Apprentices Youth rate unchanged at 4.98

10 Last possible date to legally retire an employee!

11 Employment Law Reform Donna Ingleby

12 Introduction The Enterprise Regulatory Reform Bill The Employment Tribunal Rules Review The Children and Families Bill

13 Dates to Look out for in Spring March increase in unpaid parental leave (13 weeks to 18 weeks). 1 April the Legal Aid Sentencing and Punishment of Offenders Act Remove new employment cases from the scope of legal aid, except in relation to discrimination complaints. 6 April Changes to collective consultation. One hundred plus redundancies at one establishment - consultation reduced to 45 days. 9 April Close of ACAS consultation on the Code of Practice for settlement agreements. 11 April Close of Government consultation on repealing elements of TUPE. Regulation of employment businesses and employment agencies.

14 Summer 2013 Portable online DBS (previously CRB) Review of Agency Workers Regulations Whistle blowing reform New Tribunal fees and rules Making Settlement Agreements easier Twelve month cap on unfair dismissal compensation

15 Autumn 2013 Employee shareholder employment status TUPE Regulation reforms

16 Spring 2014 The right to request flexible working for all employees ACAS Early Conciliation introduced The introduction of Employment Tribunal penalties

17 Looking forward 2015 Shared parental leave Changes to the Equality Act 2010

18 A Focus on Apprenticeships Lottie Pigg

19 The Old Regime Common Law Apprenticeship 1. Primary purpose training 2. Secondary purpose employment 3. Cannot dismiss on same grounds as an ordinary employee

20 Learoyd v Brook (1891) Apprentice s actions must be so extreme that the apprentice is effectively unteachable Dunk v George Waller & Son Ltd (1970) Lack of initiative and an unsatisfactory college report did not justify dismissal Wallace v C A Roofing Services Ltd (1996) Redundancy only permitted if potential closure or fundamental change to the character of the business

21 Common Law Apprenticeship Risks: Wrongful Dismissal Compensation based on lost earnings and loss of expected earnings on achieving the qualification

22 The New Regime Apprenticeships, Skills, Children and Learning Act 2009 ( ASCLA 2009 ) Primary purpose employment Apprenticeship Agreement two main requirements: The Apprentice must undertake work for the employer The Apprenticeship must be in the prescribed form

23 Prescribed Form Must be a written contract of employment (section 1 Employment Rights Act 1996) Must include a statement of skill trade and occupation Must be and state entered into in connection with a qualifying apprenticeship framework

24 Apprentice Rights Pay Apprenticeship Rate: 2.65/hour Under 19 or over but 19 in first year of apprenticeship Development Rate: 4.98/hour Aged Standard Adult Rate: 6.19/hour Aged 21 or over

25 The Working Time Regulations Under age 18 Max 8 hours work/day Max 40 hours work/week No night work between 10 pm - 6 am or 11 pm - 7 am 12 hours rest in each 24 hours 30 minute rest break when working over 4.5 hours/day Working Hours Age 18 or over Max 48 hours work/week Can opt out Max 8 hours night work in each 24 hours 11 hours rest in each 24 hours 20 minute rest break when working over 6 hours/day Holiday Entitlement 28 days/year or 5.6 weeks Can include bank holidays Health & Safety Risk Assessment

26 Sickness Absence Entitled to SSP provided earn at least 107/week ( 109/week from April 2013) SSP currently 85.85/week Company Sick Pay Absence Procedure

27 Maternity & Paternity Leave Exactly the same as your employees so provided have sufficient continuous employment and earn at least as much as the Lower Earnings Limit for NIC 107/week ( 109/week from April 2013) Maternity Leave (52 weeks) No qualifying level of employment Paternity Leave (2 weeks) Employed for 26 weeks before the 15th week before expected week of childbirth Statutory Maternity Pay Employed for 26 weeks before the 15th week before expected week of childbirth 6 weeks 90% of earnings 33 weeks at SMP Statutory Paternity Pay As above 2 weeks at 135 or 90% of weekly earnings whichever is the lower

28 Summary Existing apprentices New apprentices Contractual documentation is key!

29 Case Update Ed Jenneson

30 Employee or self-employed? Quashie v Stringfellows. Dismissed and claimed unfair dismissal Mutuality of obligations Subject to disciplinary process Court of Appeal Had to consider how she was paid

31 Is it ok to shout? Townsend v Gillette UK Farnaud v Dr Hadwen Trust Ltd Importance of procedure

32 Be careful what you eat! Kaczor v Booker Limited a harsh dismissal will not always be an unfair dismissal Theft justifies dismissal. Even if it is only 39p! Note Employment Tribunal decision and not binding

33 Behave at the Christmas party! Gimson v Display by Design Limited During the course of employment? Deemed sufficiently connected

34 Religious Discrimination The right to wear a cross A number of cases went to Europe Ms Eweida v BA Deemed to be a manifestation of her religious belief BA wanted clear corporate image No evidence that wearing a cross would damage that image However, NOTE: This is the one which hit the press

35 Religious Discrimination Chaplin v NHS Trust No discrimination on health and safety grounds Worn it since 1978 Department of Health Guidelines to protect the health and safety of patients and staff

36 Religious Discrimination Ladele and McFarlane Refused to deal with gay individuals on the grounds of their religion Marriage counsellor and civil servant who performed civil ceremonies Employer was right to conclude that all employees adhered to a non-discriminatory policy

37 Age Discrimination Nolan v CD Bramall Limited/ta Evans Halshaw Be careful what you say as Yoda was discriminated against. Brought claim for unfair dismissal and age discrimination on the basis that he was selected for redundancy based on the fact that he was nearing retirement. 104 year old team leader Changed number plates on his car

38 Any Questions?

39 Donna Ingleby Partner, Head of Employment Ed Jenneson Associate Lottie Pigg Senior Solicitor