What's New in Employment Law

This event is in the past
Tue, 10th Dec 2019
BMA House - 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.


Morning Chair: Catherine Richmond, Worden Richmond and member of ELA Training Committee

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;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

Afternoon Chair: Nikita Sonecha, Royds Withy King and member of ELA Training Committee

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