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:
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email: derek@eltraining.co.uk
web: www.eltraining.co.uk
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Change under way?
Change under way?
April 2012
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•
•
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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 or
Without prejudice?
•
Minimum Wage Rates
Oct 2013
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
Employment Status
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!
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 Discrimination
SRA – 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 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’.
Nolan v CD Bramhall (Evans Halshaw) ET 2013
• Car salesman, aged 64, selected for redundancy,
subjected to banter. The ‘only joking’ defence!
Case law update
Facebook, 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 470 700
email: derek@eltraining.co.uk
web: www.eltraining.co.uk
We now sell employment documents:
www.employmentlawtemplates.co.uk