Introduction to Employment Law

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Date:
Mon 5th Oct, Mon 7th Dec 2020
Location:
At your desk (National)
Speaker(s):
See full programme
Event Type:
Webinar
Duration:
Block 1: 5 October - 26 October 2020
Block 2: 26 October - 16 November 2020
Block 3: 16 November - 7 December 2020
Status:
Spaces Available

Fees

  • Block 1 - The Contract of Employment (including employment status, drafting and varying terms and conditions, restrictive covenants and TUPE): £150+VAT
  • Block 2 - Redundancy (collective and individual), Dismissal & Disciplinary Process, Managing Sickness Absence: £150+VAT
  • Block 3 - Discrimination, Whistleblowing, Pregnancy, Maternity and other family-friendly rights: £150+VAT

Discounts

We also offer the following discounts on the full fee:

  • 20% discount when all three blocks are booked. All blocks must be purchased within a single booking, Select the discount option for the reduction to be applied (with no booking deadline)
  • 50% discount for members in the voluntary or not-for-profit sector (with no booking deadline)
  • 50% discount for pupil barristers or barristers less than 2 years call (with no booking deadline)
  • Please note only one discount will be applied per booking.

The usual 2-day residential course aimed at recently qualified lawyers or those who are new to employment law has been re-designed and will be run virtually during the course of this autumn. The course will run in three blocks, detailed below. You can book for any or all of the blocks and there is discount if you book all three.

  • Block 1 - The Contract of Employment (including employment status, drafting and varying terms and conditions, restrictive covenants and TUPE)
  • 5 October - 26 October 2020
  • Block 2 - Redundancy (collective and individual), Dismissal & Disciplinary Process, Managing Sickness Absence
  • 26 October - 16 November 2020
  • Block 3 - Discrimination, Whistleblowing, Pregnancy, Maternity and other family-friendly rights
  • 16 November - 7 December 2020

Each block contains 4 – 5 webinars which will be available for a 3 week period between the dates shown. Each webinar within the block is approximately 45 - 90 minutes in duration. There will be a live Q&A session at the end of each block with the speakers from that block.

Price per block: £150 + VAT. There is a 20% discount off the total price if you book all three blocks, bringing the price for all three blocks to £360 + VAT.

When you book, you will be sent confirmation of each of the blocks you have booked. The webinars for each block will be available to you in your My ELA account on the ELA website during the dates shown below for that block, which you can access at any time during this period that suits you.  We will email you when the webinars are available. You will also be sent a link for the live Q&A session for each block you have booked.

The programme detail is set out below.

Block 1 - The Contract of Employment (including employment status, drafting and varying terms and conditions, restrictive covenants and TUPE)

The webinars contained in Block 1 will be available from 9am on 5 October to 12 noon on 26 October.

Live Q&A with the speakers of Block 1 is at 1pm – 2pm on 26 October.

Webinar 1 -  Employment status
Speakers: Simon Rice-Birchall, Kate Sheehan and Emma Humphreys, Eversheds Sutherland

  • What do we mean by “employee”, “worker”, “self-employed”?
  • Why does it matter?
  • Reminder of statutory definitions (ERA, WTR, EqA, TULRCA)
  • Applying the common law tests – personal service, control, mutuality of obligation
  • Highlighting key cases
  • Agency workers – status/rights
  • Taylor Review/Good Work Plan proposals

Webinar 2 – The contract of employment/changing terms and conditions
Speakers:
Simon Rice-Birchall, Kate Sheehan and Emma Humphreys, Eversheds Sutherland

  • Statutory particulars, highlighting changes as of April 2020
  • Nature of contractual terms i.e. express, implied, incorporated, statutory
  • Common clauses and their effect e.g. IP, confidentiality
  • Variation of contract terms – options/risks
    • By consent
    • Contractual right to vary
    • Collective agreement
    • Unilateral imposition
    • Dismissal and re-engagement
  • Breach of contract by employer or employee – potential claims/remedies

Webinar 3 – Restrictive covenants
Speakers:
Craig Rajgopaul and Navid Pourghazi, Blackstone Chambers

  • Confidentiality provisions
  • Explanation of common covenants
    • non-competition; non-solicitation of customers and employees; confidential information
    • garden leave clauses and the interplay with covenants
  • Enforceability and the importance of drafting
  • Other covenants e.g. options, team moves, projects, repayment of training costs, deferred compensation, 'no show' clauses

Webinar 4 – TUPE
Speakers:
Chinwe Odimba-Chapman and Francesca Baker, Clifford Chance

  • Different types of TUPE transfer
    • Ordinary TUPE
    • SPC
  • Effect of TUPE
    • ELI
    • Automatic transfer
    • Protection against dismissal
    • Duty to inform and consult
    • Reg 4(9)/4(11)
  • Key practical issues to consider
    • Identifying types of TUPE
    • Negotiating and drafting TUPE provisions
    • What to do when a client involves you too late(!)
  • TUPE litigation
  • Key points for Claimant and Respondent lawyers to consider

Block 2 – Redundancy (collective and individual), Dismissal & Disciplinary Process, Managing Sickness Absence

The webinars contained in Block 2 will be available from 9am 26 October to 12 noon 16 November.

Live Q&A with the speakers of Block 2 is at 1pm – 2pm on 16 November.

Webinar 1 -  Redundancy (individual)
Speaker: Nicholas Robertson, Mayer Brown

  • Definition of ‘redundancy’ and three redundancy situations
    • S139(1) ERA 1996
    • Contrast s195 TULRCA 1992
  • Redundancy & Unfair Dismissal
    • Employees only &Qualifying service
    • S98(2)(c) potentially fair reason
    • Fixed-term employees
    • Polkey Guidelines
  • Selection Process
    • Pool for selection
    • Volunteers
    • Bumping
    • Selection criteria
  • Individual Consultation
  • Suitable alternative employment and trial periods
  • Payments on redundancy (statutory, contractual and other payments)
  • Unfair / discriminatory redundancy and potential claims

Webinar 2  - Collective redundancy
Speakers: Charlie Frost, and  Joanna Galbraith, Squire Patton Boggs

  • When the duty to consult on collective redundancies arises
    • S188 TULCRA 1992
    • Meaning of dismissal s298 TULCRA 1992 (including constructive dismissals & volunteers)
    • Fixed-term employees s282  TULCRA 1992
  • Meaning of Establishment
    • Rockfon , the Woolworths+ litigation, Athinaiki Khartopiia v Panagiotidis
  • Triggers
    • "Proposing" to dismiss
    • 20 or more redundancies in 90 days
    • Notification of the Sec of State
    • When notice of termination can be served`
  • Inform & Consult
    • Who?
      • Recognised trade union
      • Appropriate representatives (incl election process)
    • Duty to inform
    • Duty to consult
  • Special Circumstances defence
  • Protective Awards
  • ACAS Guidance

Webinar 3 -  Disciplinary process
Speakers: Anvita Sharma and Katharine Savage, Hogan Lovells International

  • ACAS Code of Practice
    • The investigation
    • What is required (Burchell; A v B; Roldan; Turner)
    • Before you start (clear allegation, check disciplinary policy, consider time scale, confidentiality etc)
    • Suspension
    • Police involvement
    • The investigator (who should conduct the investigation?)
    • Role of the investigator
    • Obtaining evidence (incl reluctant witnesses)
  • The Disciplinary Hearing
    • Information to be provided before the disciplinary hearing
    • Right to be accompanied
    • Requests to postpone
    • Disciplinary officer
    • Procedure at the hearing (incl adjournments for further investigation)
    • Decision considerations (standard of proof, alternatives to dismissal, consistency etc)
    • Communicating the decision
    • Appeals

Webinar 4 - Dismissal
Speaker:
Beverley Sunderland, Crossland Solicitors

  • What is a dismissal?
    • wrongful dismissal
    • constructive dismissal
    • unfair dismissal
    • fixed-term contracts
    • vanishing dismissals
  • Unfair dismissal
    • Who can claim unfair dismissal? (incl exclusions, qualifying service & territorial jurisdiction)
    • Fair reasons for dismissal
    • Fairness of dismissal
      • Acas Code
      • S98(4)
      • Range of reasonable responses test
      • Procedural fairness
  • Automatically unfair reasons for dismissal
  • Remedies in the Employment Tribunal

Webinar 5 - Managing sickness absence
Speakers:
Linda Jones and Trish Embley, Pinsent Masons

  • Employer's obligations
  • Contractual terms and Company policies
  • Short term/intermittent absence
  • Long term absence
  • Obtaining medical advice
  • Data protection issues
  • Disability and sickness absence
  • Dismissal special considerations

Block 3 – Discrimination, Whistleblowing, Pregnancy, Maternity and other family-friendly rights

The webinars contained in Block 3 will be available from 9am 16 November to 12 noon 7 December.

Live Q&A with the speakers at 1pm – 2pm on 7 December.

Webinar 1 - Overview of discrimination (part one)
Speakers: Kiran Daurka, Leigh Day and Mark Green, 3PB

  • Who is an employee for the purposes of the Equality Act?
  • Protected characteristics
    • Focus on disability and religion/ belief
  • Main types of discrimination
    • Direct
    • Indirect
    • Harassment
    • Victimisation
  • Proving your case – implications of the burden of proof rules

Webinar 2 - Overview of discrimination (part two)
Speakers:
Kiran Daurka, Leigh Day and Mark Green, 3PB

  • Additional protection against disability discrimination
    • Pre-employment questions about health
    • Discrimination arising from a disability
    • Reasonable adjustments
  • Circumstances in which an employer or others can be liable for discrimination
    • S39/ 40 – employees and applicants
    • S41 – contract workers
    • S108 – relationships that have ended
    • S109 – vicarious liability and reasonable steps defence
    • S110 – individual liability
  • Remedies and settling claims
    • Compensation
    • Recommendations
    • Using confidentiality clauses appropriately
  • Useful resources
    • ACAS and EHRC codes of practice/ technical guidance (especially on sexual harassment)

Webinar 3 - Pregnancy and maternity rights
Speakers:
Sian Keall and Anna West, Travers Smith

  • Rights during pregnancy
    • Time off for ante-natal care
    • Health and safety obligations
  • Maternity leave and pay
    • Notification requirements
    • Start of maternity leave (incl sickness trigger)
    • Qualifying for SMP
    • Rights during leave; KIT days
    • Right to return to work
  • Tricky issues
    • Pay rises, bonuses, holiday entitlement, pensions
  • Protection against dismissal/ detriment/ discrimination
    • Redundancy protection ie preferential rights to vacancies
    • Pregnancy and maternity discrimination
    • Consultation on extending enhanced redundancy protection to pregnant employees and for 6 months after returning to work
  • Useful resources – maternity action/working families

Webinar 4 - Other family friendly rights
Speakers: 
Katie Russell and Natalie Jeffries, Burges Salmon

  • An overview of
    • Adoption leave
    • Paternity leave
    • Shared parental leave and pay 
    • Parental bereavement leave
    • "Ordinary" parental leave
    • Time off for dependants
    • Right to request flexible working
    • Proposed right to neonatal leave

Webinar 5 - Whistleblowing
Speakers: Simon Stephen and Emma Bufton, Gowling WLG

  • Who gets protection? – extended definition of worker
  • What amounts to a protected disclosure?
    • Qualifying disclosure – subject matter, made "in the public interest", reasonable belief of worker
    • Made to the right person – s43C-H
  • Automatic unfair dismissal/ detriment/ confidentiality
    • Reason or principal reason – and whose reason does it have to be (Jhuti)
    • Disclosure "materially influences" treatment
    • Vicarious and individual liability
      • Timis v Osipov and significance
  • Confidentiality clauses and their limits
  • Remedies
    • Interim relief
    • Compensation
  • Practical matters: whistleblowing policies, whistleblowing officer, confidential telephone hotlines, useful resources