Webinar
UK Employment Law Update – March 2015
Paul Callegari, Partner
Emma Thomas, Senior Associate
© Copyright 2014 by K&L Gates LLP. All rights reserved.
Presenters
Paul Callegari
Partner
London
T +44 (0)20 7360 8194
F +44 (0)20 7648 6368
paul.callegari@klgates.com
Emma Thomas
Senior Associate
London
T +44 (0)20 7360 8339
F +44 (0)20 7648 9001
emma.thomas@klgates.com
klgates.com
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Agenda
1. In case you missed it…
2. Feature: (1) insurance coverage issues for expats
 Discussion with Frank Thompson, Partner, K&L Gates
3. Feature (2): Election Special
4. Q&A
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In case you missed it…
 National Minimum Wage
 Recommended increase of 3% approved by Government – new
rates in force on 1 October 2015 (£6.70 per hour for adults)
 ACAS revises guidance on accompaniment at
Disciplinary and Grievance meetings
 legislation: request for a companion has to be “reasonable”
 “reasonable” relates to making of request, not choice of
companion – absolute right to bring a companion that is a fellow
worker or trade union representative
 Employer’s knowledge of disability
 Donelien v Liberata UK Ltd
 Reasonable, not perfect, efforts required to avoid constructive knowledge of
disability
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In case you missed it… (cont.)
 Reasonable investigation into misconduct
 Shrestha -v- Genesis Housing Association Limited
 Not every line of defence needs to be investigated
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Feature: (1) insurance coverage issues for expats/internationally mobile employees
Frank Thompson, Partner, K&L Gates LLP
T +44 (0) 207 360 8183
frank.thompson@klgates.com
klgates.com
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 Rai -v- Legal & General Assurance Society
(2015)
 Mr Rai based in UK but relocated to India at
employer’s request
 Died in car crash 6 months later
 Death in service policy denied coverage if employee
no longer “ordinarily employed and resident in the
UK”
 Mr Rai not covered even though:
 intended to return to UK in the future
 UK employer - insufficient to establish link
 Action points: consider terms of policies before
employees move abroad
 range of options available if additional coverage required
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Feature (2): Election Special
 Conservative Party
 End use of zero-hours contracts to increase the mobility of workers
 Pass new British Bill of Rights giving UK Parliament final say on human
rights matters
 Amend rules on strike action to include a requirement for 40% of union
members to vote in favour of strike action
 Possible maternity pay for self-employed mothers
 Labour
 Raise National Minimum Wage to £8 an hour
 Give workers on zero-hours contracts a right to a regular contract if they
work regular hours and compensation if shifts cancelled at late notice
 Provide tax breaks to business that sign up to pay the “living wage”
 Reform the Employment Tribunal system, especially fee requirements
 Double length of paid paternity leave and boost paternity pay by over
£100/week
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Feature (2): Election Special
 Liberal Democrats
 Create a new Workers’ Rights Agency as a “one-stop shop” for the
enforcement of workers’ rights and to educate employers about workers’
rights
 Introduce an extra 4 weeks’ paternity leave, in addition to shared
parental leave
 Require companies with 250+ employees to publish the average pay of
men and women at each pay grade
 Scottish National Party (SNP)
 Full devolution of employment law to Scotland
 Pay the living wage to all employees covered by the Scottish
Government’s pay policy as a “central priority”
 Introduce a gender quota for all public boards to ensure women are
better represented
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Feature (2): Election Special
 United Kingdom Independence Party (UKIP)
 Allow business to discriminate in favour of young British workers
 Exit the EU and end principle of the free movement of labour
 Repeal Human Rights Act and replace with a new British Bill of Rights
to elevate interests of law-abiding citizens over those of “criminals”
 Abolish the Agency Workers Directive
klgates.com
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Webinar
UK Employment Law Update – March 2015
Paul Callegari, Partner
Emma Thomas, Senior Associate
© Copyright 2014 by K&L Gates LLP. All rights reserved.