CIPD Coventry & Warwickshire
Welcome to this
CIPD Coventry & Warwickshire
Branch Event
CIPD Coventry & Warwickshire
• Mentoring is available for a young person aged 18-24 that is
claiming job seekers allowance through their local jobcentre plus.
• The mentoring project is promoted by the young person’s job centre
adviser and if they are a suitable candidate they are referred to the
online registration portal where they can register themselves.
• If you are interested in becoming a mentor for the project or would
like further information, please visit
www.cipd.co.uk/stepsaheadmentoring
CIPD Coventry & Warwickshire
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• www.cipd.co.uk/branch/coventry
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CIPD Coventry & Warwickshire
Today’s Event
Hot Topics: Employment Law Update
Speaker:
Derek Eccelston
Time:
18:30 to 20:00
Employment Law and Case
Review
CIPD Coventry and
Warwickshire Branch
August 2014
Employment Law Training Ltd
Practical Workshops and advice for
Employers on all Employment Topics
tel:
01789 470 700
email: derek@eltraining.co.uk
web: www.eltraining.co.uk
We now sell employment documents:
www.employmentlawtemplates.co.uk
Download these PowerPoint slides
by going to our website:
www.eltraining.co.uk
Click: Down load presentation from left hand menu.
You can also sign up to receive a regular
Employment Newsletter with all the latest legislative
changes and case law that is relevant to HR
professionals.
Payment/Compensation limits
April 2014
• The limit on a 'week's pay' (used to calculate redundancy
pay and basic/additional awards) increased from £450 to
£464.
• The maximum compensation award increased from
£74,200 to £76,574.
• The rate of guarantee pay increased to £25.00 per day.
• The minimum award for certain types of unfair dismissal
(e.g. dismissal of union/employee representatives)
increased from £5,300 to £5,500.
• Statutory Sick Pay to £87.55 from £86.70
Minimum Wage Rates
Oct 2014
Adult Rate (21+) £6.50 (£6.31)
Lower rate (18 to 20) £5.13 (£5.03)
Youth rate (16/17) £3.79 (£3.72)
Apprentice minimum wage - £2.73 (£2. 68)
This rate will apply to:
• apprentices under 19
• apprentices aged 19 and over, but in the first year
of their apprenticeship
Change under way?
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 legal challenge!
Early Conciliation
- Introduced 6 April 2014, compulsory
from 6 May 2014
- Tribunal claims made to Acas first
- One month to try to reach settlement
before claim made to Tribunal
Change under way?
2014
Action against Employers who do not pay
up!!
Health and Work Service
• Will be trialled this Autumn and set up
nationally in May 2015
• Advise on employees absent due to
sickness for four weeks or more
• Case manage complex cases
• Contract for 5 years just awarded by
Government to Health Management
Company (Maximus)
Zero Hours Contracts
“Casual” and “bank” staff
Bill includes
• Ban on “exclusivity” clauses – employer
will not be able to prevent staff from
doing work for other employers.
• Proposal to clarify the definition of zero
hours arrangements.
• Code of practice and guidance
Discrimination related issues
• Third party harassment – went on 1 Oct
2013
• Questionnaires – 6 April 2014
• Equal Pay Audits – October 2014
• Adding of caste as a protected
characteristic?
Age Discrimination
Cases
• 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’.
• Newey v Sainsbury Supermarkets ET 2013
Two references to early retirement in performance management
disciplinaries.
• Nolan v CD Bramhall (Evans Halshaw) ET 2013
Car salesman, aged 64, selected for redundancy, subjected to banter. The
‘only joking’ defence!
• Clements v Lloyds Banking Group EAT 2014
Manager says “you are not 25 any more you know…” in a performance
discussion
Flexible working
• Right to request now extended to all
employees with 26 weeks’ continuous
service from 30 June 2014
• Statutory procedure removed
• Acas Code of Practice introduced
Shared Parental Leave –
Spring 2015
•
•
•
•
•
Mother takes at least 2 weeks post birth
Share remaining leave
Total is still 52 weeks, 39 of which are paid
8 weeks notice
Each person taking parental leave gets 20
KIT days
• Partner ante natal rights (October 2014)
Adoption leave
• Remove 26 week qualifying period
• Bring pay into line with SMP
• Allow time off to meet prospective child
Rights for Working
Grandparents!
Disability Discrimination
Reasonable adjustments
• Croft Vets v Butcher [EAT 2013] – employer
should pay for psychiatrist sessions
• Secretary of State for Work and Pensions
v Higgins [EAT 2013] – 13 week period of
phased return reasonable
• The Environment Agency v Donnelly [EAT
2013] – car park space should be provided
Disability update
• Gallop v Newport City Council. Court of
Appeal 2014
Can the Employee still be classed as
“disabled” when an Occupational Health
provider stated to the Employer that he was
not disabled?
Disability Discrimination
Obesity and disability.
ECJ (Advocate General)opinion in a
referral from Denmark (Karsten Kaltoft
case)
UK Case: Walker v Sita Information
Networking Computing Ltd EAT 2013
Holiday Pay
Airline pilots’ holiday pay cannot be restricted to basic pay and
should include certain flying allowances.
Guidance that workers on holiday are entitled to receive
“normal remuneration/intrinsic to their work”.
• British Airways v Williams – ECJ/Supreme Court 2012
• Neal v Freightliner Ltd. Birmingham (appealed to EAT
but then settled)
• Fulton v Bear Scotland (EAT, hearing due end of July decision awaited)
• British Gas v Lock ECJ 2014 – holiday pay should
include commission payments
Tupe changes
• Employee liability information –
timeframe extended to 28 days
• Pre-transfer consultation counts towards
collective redundancy consultation
• Static approach to transfer of terms from
collective agreement
• Micro businesses may consult directly
Disclosure and Barring Service
(DBS)
• In March 2014, legislation came into force
that allows certain old and minor cautions
and convictions to no longer be subject to
disclosure.
• The time limits for convictions to become
“spent” were also changed. Only
sentences of over 4 years are never spent
now; previously only sentences of over 30
months were never spent.
Case law update
CD v ST [2013] and Z v A Government
Department and the Board of Management of
a Community School [2013]
Are surrogate mothers entitled to maternity
leave?
McMillan v Airedale NHS Foundation Trust,
Court of Appeal 2014
Can the Employer increase a disciplinary sanction
on appeal?
Asda Equal Pay claim?
Employment Law Training Ltd
Practical Workshops and advice for
Employers on all Employment Topics
tel:
01789 470 700
email: derek@eltraining.co.uk
web: www.eltraining.co.uk
We now sell employment documents:
www.employmentlawtemplates.co.uk
CIPD Coventry & Warwickshire
A few final reminders
• The presentation slides will be available on
the branch website
• Survey Monkey for event evaluation
• Committee Members are available to sign
CPD forms/Certificates of attendance
CIPD Coventry & Warwickshire
Future Events
Are you interested in running an event in
the future or can you recommend a good
speaker/trainer?
• Audience of wider HR/L&D professionals
• Broad variety of topics welcomed
• Great networking opportunity
CIPD Coventry & Warwickshire
Future Events
Are you interested in becoming a CIPD
Events Champion?
• Great networking opportunity
• Improve public speaking skills / selfconfidence
• Influence Branch events
• Be part of a great team!
CIPD Coventry & Warwickshire
Upcoming Events
Nailing a Jelly to the Wall: the Art and Science of Facilitation
Tuesday 19 August
Coventry Chamber of Commerce
Employment Law Event: Breakfast Bites
Wednesday 17 September
Kenilworth Cricket Club
CIPD Midlands Annual Event with Peter Cheese
Saturday 4 October, 10:00 to 15:30
Hinckley Island Hotel, Leicestershire
cipd.co.uk/branch/coventry/events
CIPD Coventry & Warwickshire
Thank you for coming!
See you again at a future branch
event
www.cipd.co.uk/branch/coventry