Employment Law and Case Review
CIPD Coventry and Warwickshire Branch
August 2013
Employment Law Training Ltd
Practical Workshops and advice for Employers on all Employment Topics
tel: 01789 470 700email: [email protected]: www.eltraining.co.uk
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Change under way?
Change under way?April 2012
• Two years qualification for unfair dismissal• Increase in deposits to £1000• Increase in recoverable costs to £20,000• Tribunal Judge sits alone for most Dismissal cases
Change under way?Spring/Summer 2013• Changes to Whistleblowing law - Public Interest
requirement – June; Employer now has vicarious liability for harassment - July
• No qualifying period for unfair dismissal connected to political belief - June
• Change to implementation date of statutory payments (from Feb to April 2014); rounded to nearest pound.
• Consultation rules amended to 45 days for large scale redundancies/dismissals (100+) - April
• Parental leave up to 18 weeks per child, unpaid. April.
Change under way?Spring/Summer 2013• Tribunal fees and remission rules - July• New ET1 and ET3 forms - July• New cap on unfair dismissal compensation – lower of
one years pay or £74,200 - July• Settlement Agreements replace Compromise
Agreements - July• Judge normally to sit alone at EAT from June.
Change under way?Spring/Summer 2013• Pre Hearing Reviews and Case Management hearings
to be combined into one “Preliminary Hearing” – July• Revised Tribunal rules come into force, including
new powers to “strike out” claims – July• Caste discrimination to be a protected characteristic,
but no implementation date
Change under way?Autumn 2013
• Removal of third party harassment rules from Equality Act
• Employee Shareholders rights introduced• Financial penalties (fines) on Employers; up to £5k
Change under way?April 2014• ACAS early intervention scheme: requires secondary
legislation• Repeal of Discrimination Questionnaires from
Equality Act• Sickness absence Independent Assessment Scheme• Flexible working rights extended to all employees
with 26 weeks service – ACAS to issue Code of Practice
Change under way – possibly!!?No dates.
• Legal officers, not judges, to deal with “simple, low value claims”
• Equal pay Audits for Employers who breach Equal Pay rules
Tribunal Fees – 29 July 2013• Level 1(straightforward) claims £160 issue fee; £230
hearing fee
• Level 2 claims (the rest!) £250 issue fee; £950 hearing fee
• Employment Appeals £400 appeal fee; £1,200 hearing fee
NB. Subject to two legal challenges! Unison obtain permission for a Judicial Review; probable hearing in October.
Settlement Agreements orWithout prejudice?
•
Adult Rate (over 21) £6.31
Lower rate (18 to21) £5.03
Youth rate (16/17) £3.72
Apprentice minimum wage - £2. 68 per hour.
This rate will apply to:
• apprentices under 19
• apprentices aged 19 and over, but in the first year of their apprenticeship
Minimum Wage RatesOct 2013
Cases continue to surface.
Quashie v Stringfellows Restaurants 2012
Lap dancer seeks to claim unfair dismissal – ie are they an employee?
Yes said EAT, no says Court of Appeal!
Employment Status
Methodist Church v Preston SC 2013
Methodist Minister not an employee; Supreme Court overturns EAT and Court of Appeal!
Employment Status
Religion and Belief
Religion and Belief update
Grainger plc and ors v Nicholson. EAT .
Environmental views capable of protection.
The EAT had had regard to case law of the European Court of Human Rights to the effect that, for a belief to
qualify for protection, it must have:
sufficient cogency, seriousness, cohesion and importance, in addition to being worthy of respect in a civilised society.
Religion and Belief update
• Ladele v London Borough of Islington [EAT 09; CA confirms EAT decision]
Balancing rights on grounds of Religion and Sexual Orientation (Registrar refuses civil partner duties)
• McFarlane v Relate Avon Ltd [ET Case 09]
Refusal, on religious grounds, to counsel same sex• Eweida v BA Court of Appeal 2010
Refusal to remove cross.
Decision January 2013 ECJ
Religion and Belief update
• Redfearn v United Kingdom (ECJ 2012) Political belief? Bus driver dismissed over BNP membership.
Age DiscriminationSRA – Statutory Retirement Age The Government removed the SRA from October
2011.Any compulsory retirement age must now be an
Employer Justified Retirement Age
Age Discrimination
Justification for a Retirement Age? Seldon v Clarkson Wright and Jakes SC 2012
2013 – Tribunal agrees 65 was a proportionate RA• Opens opportunities for promotion and retention• Facilitates workforce planning• Reduced need to discipline/confront employees on
performance issues• Contributes to a congenial and supportive environment• Trade union agreement• Availability of other income e.g. pension
Age DiscriminationCases
James v Gina Shoes EAT 2012• Comments included “old dogs and new tricks” remark.
Roberts v Cash Zone ET 2013• Miss Roberts was referred to by her supervisor as a
‘kid’, a ‘stroppy kid’ and a ‘stroppy little teenager’.
Nolan v CD Bramhall (Evans Halshaw) ET 2013• Car salesman, aged 64, selected for redundancy,
subjected to banter. The ‘only joking’ defence!
Case law updateFacebook, Twitter and tweets!
Crisp v Apple Retail ET 2011• Facebook comments about products = gross misconduct.
Smith v Trafford Housing High Court 2012• Facebook thoughts/comments on gay marriage not gross
misconduct
Flexman v BG International ET 2012• Comments on “LinkedIn”; constructive dismissal claim
upheld.
Case law update Vaughan v London Borough of Lewisham EAT 2013• Evidence obtained by “covert” recordings
Davies v Sandwell MBC Court of Appeal 2013• Conduct dismissals and final warnings. Was final
warning “reasonable”?
Unison v London Borough of Barnet . Watford ET 2013• Failing to provide Union with information on Agency
Workers in redundancy and Tupe consultation
Case law update USDAW v Ethel Austin Ltd and another case
(Woolworths!) EAT 2013 (Decision appealed)• Definition of “an establishment” for redundancy
consultation purposes
Sood Enterprises v Healy EAT 2013• Carry over of holidays on long term sickness
Neil v Freightliner Ltd. ET 2013• Overtime and shift premia to be included in holiday pay
Parkwood Leisure v Alemo-Herron ECJ 2013• TUPE and collective agreements
Employment Law Training Ltd
Practical Workshops and advice for Employers on all Employment Topics
tel: 01789 470 700email: [email protected]: www.eltraining.co.uk
We now sell employment documents:
www.employmentlawtemplates.co.uk