What's New in Employment Law

This event is in the past
Wed, 5 Dec 2018
London (National)
Venue Address:
Royal College of Obstetricians and Gynaecologists, 27 Sussex Place, Marylebone, London NW1 4RG
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Event Type:
9am for a 9.30am start until 5.15pm
CPD hours:
Spaces Available
What's New in Employment Law
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Fee: £225 + VAT. There is an early bird discount until 2 November 2018,  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 2018.

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.


Co-chairs: Harriet Bowtell, Monaco Solicitors, Emma Clark, Keystone Law and Lisa Lewinsohn, Withers (members of the Training Committee and part of the organising team for this course)

9am  Registration and coffee

9.30am Discrimination round-up
Claire Darwin, Matrix Chambers

This session will cover:

  • the key disability discrimination cases of 2018 focussing on cases relating to:
    • perceived disability;
    • reasonable adjustments; and
    • discrimination arising from disability;
  • a round-up of discrimination cases on:
    • transgender employees,
    • Indirect discrimination in terms of pay for shared parental leave
    • religious harassment and
    • philosophical belief;
  • an update on the gender pay gap.

10.30am   Comfort break

10.40am   Taxation of termination payments
Stephen Ratcliffe, Baker & McKenzie

The changes to the taxation of termination payments that came into effect on 6 April this year were badged as mere "simplification", but in reality represent a fundamental change to the taxation of termination payments.  The complexity of these new rules, and the lack of guidance on their interpretation when the legislation went live, has left practitioners in a difficult position.  In this session, Stephen will take attendees through practical examples of how the legislation impacts termination payments, noting along the way some quirks to the calculations which could catch out the unwary.

11.10am  Tea/coffee

11.30amTUPE Round-up
Jeffrey Jupp, 7 Bedford Row

A review of TUPE case law over the last 12 months including recent cases on:
  • Dismissals and variations because of a transfer.
  • The importance of identifying the ‘activities’ in Service Provision Change cases.
  • The significance of the duration between the transferor ceasing, and the transferee restarting, the undertaking.
  • TUPE and administrative reorganisations

12.00pm  Not just a status update!  What's been happening in unfair dismissal, employment status and whistleblowing law?
Tim Adkin, 42 Bedford Row and James Hockin, Withers

This session will explore developments in the areas of unfair dismissal, whistleblowing and employment status during 2018.  It will particularly focus on case law developments and draw out lessons to be learned for employment lawyers.

1.15pm  Lunch

2.00pm GDPR round up
Rachel Tozer, Keystone Law

  • Massive underestimate of work/thinking involved
  • Run though of what HR teams should have done as part of their audit (and often haven’t!)
    • ICO registration
    • Assessment including need for data, need for access to data (especially sharing across group companies)
    • Gap analysis
    • Lawful basis
    • Legitimate interest assessments/PIAs
    • Notices/policies/contracts
    • Training
    • Record of data processing
  • Problem areas:
    • Special category data eg photos/fingerprints, CCTV, race/sexual orientation
    • Criminal records
    • DSARs – timing, practicality of search, preparation
    • Automated decision making  

3.10pmImmigration and Brexit
Natasha Catterson, Fragomen

  • Brexit - where we are now
  • Overview of the settled status scheme for EU nationals
  • Impact on nationals of Ireland and the EFTA states
  • The transition period (March 2019 - December 2020)
  • Looking ahead to January 2021 - MAC recommendations and government White Paper
  • Business planning - what should employers do now?


4.15pmZero tolerance: cultural and legal reform in the wake of #metoo
Rachel Crasnow QC, Cloisters and Sam Mangwana, CM Murray

With a 360° perspective on workplace sexual harassment Sam and Rachel consider developments in law and practice in the wake of #metoo. 

  • SRA warning notice
  • Use, abuse and enforceability of non-disclosure agreements
  • Interplay with criminal and regulatory process
  • Impact of social media
  • Legal and other changes needed
  • Mandatory duty
  • New code of practice

5.15pm   Close of course