Employment Law and Case Review CIPD Coventry and Warwickshire Branch August 2013

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

We now sell employment documents:

www.employmentlawtemplates.co.uk

Download these Powerpoint slides by going to our website:

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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