What's New in Employment Law

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Tue, 10 Dec 2019
London (National)
Venue Address:
BMA House
Tavistock Square
London WC1H 9JP
See full programme
Event Type:
9.30am - 5.00pm
CPD hours:
Spaces Available
What's New in Employment Law
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Fee: £225 + VAT. There is an early bird discount until 22 October 2019, a 50% discount for the voluntary sector, pupil barristers, barristers under 2 years call or a 30% out-of-region discount  on the full fee, with no booking deadline.

This is ELA’s annual refresher course, aimed at those who have been out of practice for a period over the past year, or who are looking for a round-up of developments in 2019.

The course flags up cases and other developments which will make a difference to the advice you would give to clients. It does not give an in-depth analysis of the areas covered, but indicates what the main changes are and what you need to look out for.


9.30am Registration

10.00am Family friendly rights in 2019 and beyond
Speaker: Sybille Raphael, Head of Legal Services, Working Families and Ruth Ormston, Gowling WLG (UK) LLP

  • Case law: is the Supreme Court about to re-shape the interplay between sex discrimination and parental rights? How far does/should the special treatment for mothers go? Ali/Hextall on shared parental pay and the interplay around indirect sex discrimination and flexible working.
  • A potential major shake-up of most parental rights: current government consultations on flexible working, parental leave, and transparency of family-friendly policies
  • New (likely) rights: parental bereavement leave, neonatal leave, extending redundancy protection period for new parents

10.45am Employment status and holiday: the latest cases
Speaker: Simon Cheetham QC, Old Square Chambers

  • Latest employment status case developments: Uber; CitySprint; Royal Mail; Varnish
  • Future developments: progress on Taylor review proposals; consultation on improving protection for zero-hours workers
  • Holiday and working time: holiday pay for term-time workers; recent cases on rest breaks; keeping records

11.30am Tea/coffee

11.50am  Ethical issues for employment lawyers
Speaker: Stefan Martin, Hogan Lovells International LLP

  • More than a #Me Too issue
  • Confidentiality clauses (also known as non-disclosure agreements or ‘NDAs’)
  • Department for Business, Energy and Industrial Strategy’s (‘BEIS’) consultation on confidentiality clauses
  • House of Commons Women and Equalities Committee report on the use of NDAs in discrimination cases
  • SRA warning notices June 2018 and November 2019 

12.20pm Round up of: unfair dismissal, whistleblowing, vicarious liability and restrictive covenants
Speaker: Katherine Fennell, Allen & Overy LLP 

This session will highlight key developments in these areas, including:
  • A round-up on unfair dismissal cases, including cases relating to suspension and covert recording
  • An overview of whistleblowing developments, including the EU Whistleblowing Directive and recent cases
  • An update on recent cases relating to vicarious liability for employers
  • The key points for practitioners in the Supreme Court’s decision in Tillman v Egon Zehnder

1.00pm Lunch

2.00pm Discrimination round up
Speaker: Daphne Romney QC, Cloisters

  • Recent disability cases: meaning of less favourable treatment; perceived disability
  • Equal pay: comparators doing different jobs; pay distribution
  • Religious and sexual orientation discrimination: relevance of discriminator's religious beliefs
  • Racial harassment: what is in the "course of employment"
  • Sexual harassment: what amounts to sex related conduct
  • Future reforms: sexual harassment consultation; enforcement of discrimination claims

3.00pm Immigration and Brexit update
Speaker: Yuichi Sekine, Bird & Bird LLP

An update on latest developments, including:

  • Brexit – where are we now?
  • Update on settled status scheme for EU nationals
  • The proposed transition period and arrangements
  • Looking ahead to the proposed new immigration system
  • Business planning – what should employers do now?

3.50pm Tea/coffee

4.15pm What’s coming in 2020?
Speakers: Anna Cope and Edward Arnold, CMS

What’s coming in April 2020, including: 
  • Off-payroll working in the private sector
  • Employer NICs on termination payments above £30,000
  • Changes to the Section 1 statement 
  • Changes to rules relating to agency workers
  • Changes to the reference period for determining an average week's pay for holiday pay purposes

5.00pm Close of course