PPMA Annual Seminar 2015 - Employment Law Session for PPMA
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The document provides an update on recent changes in UK employment law, including new legislation, case law developments, and procedural alterations in tribunal processes. Key highlights include the extension of flexible working rights, the introduction of shared parental leave, and recent court rulings on discrimination and redundancy. The document also discusses the impact of tribunal fees and anticipates further changes depending on political outcomes in the upcoming general election.
PPMA Annual Seminar 2015 - Employment Law Session for PPMA
- 1. EMPLOYMENT LAW UPDATE By Stuart Chamberlain, Croner
- 2. What we’ll be covering • Legislation update (since Spring 2014) • Case law update – a selection • Tribunal fees • Looking ahead
- 4. Legislation update Continuing changes to tribunal process and procedure: • Early conciliation by Acas • Abolition of discrimination questionnaires • Financial penalties for employers losing tribunal claims – any examples? • Changes to fees – reclassified as ‘Type B’ 4
- 5. Legislation update Extension of the right to request flexible working: • Now all employees with 26 weeks’ continuous service have the right to apply • Statutory procedure replaced by requirement to deal with requests in a ‘reasonable manner’ • Acas Guidance and Code of Practice 5
- 6. 6 Legislation update Small Business, Enterprise & Employment Act: • Ban on exclusivity clauses in zero hours contracts –applies to contracts where hourly rate is under £20 and not guaranteed a certain level of weekly income. • Enforcement of tribunal awards • Public sector exit payments – repayment of certain exit payments if individual re-employed in public sector within prescribed period • Whistleblowing • Guidance for Employers and Code of Practice • Prescribed Persons Guidance
- 7. Legislation update Changes to Acas Code – Right of accompaniment: • What was the problem? (Toal v GB Oils) • Section 10 of the Employee Relations Act 1999 • Right of accompaniment now conditional on worker/employee making a ‘reasonable request’ – chosen from one of statutory categories • Any risk to employers? • Companions outside the statutory framework? 7
- 8. Legislation update New family friendly rights from 5 April 2015: • Introduction of Shared Parental Leave for parents of children due to be born or placed for adoption on or after 5 April 2015 – issues? • Adoption Leave becomes a day one right (previously 26 weeks’ service) • SAP enhanced to 90 % of adopter’s salary for first six weeks • Those fostering a child under ‘Fostering for Adoption’ scheme entitled to adoption leave • Intended parents in surrogacy arrangement entitled to statutory leave and pay • Right to unpaid parental leave extended to parents of children five to 18 years 8
- 9. Legislation update Fit to work service: • GPs and employers able to refer eligible employees to FFW for free occupational health assessment • How is eligibility defined? • The Return to Work Plan • Tax Exemption for employers • What changes should employers make to present practices? 9
- 10. RECENT CASE LAW – A SELECTION 10
- 11. Recent case law – a selection Discrimination: • Jessemy v Rowstock Ltd ( CA) - post-employment victimisation prohibited by Equality Act 2010 • Hainsworth V MOD (EAT) - associative discrimination does not apply to the duty to make reasonable adjustments • Kaltoffv Billund(CJEU) - obesity in itself not a disability 11
- 12. Recent case law – a selection Working time – annual leave: • Bear v Scotland (CJEU) - calculation of annual leave, overtime payments to be included • Implications for employers • Two years’ cap on backdated claims • The Sash Window Workshop Ltd v King (EAT) - carry over of holiday for reasons not related to sickness absence 12
- 13. Recent case law – a selection Redundancy and maternity: • In a redundancy situation Regulation 10 of the Maternity & Parental Leave Regs. 1999 requires that a woman on maternity leave ‘goes to the front of the queue’ for suitable alternative employment • This duty arises when employer aware that woman’s role is redundant or potentially redundant • A failure to offer a suitable vacancy renders the dismissal of a woman on maternity leave automatically unfair (Sefton Borough Council v Wainwright) • BUT - whether or not direct discrimination will depend on the reason why the woman was not offered vacancy 13
- 14. Recent case law – a selection TUPE: • Continued analysis of how to define a Service Provision Change (SPC) • Problems of post-transfer harmonisation – Hazel v The Manchester College - and the position post-January 2014? • TUPE & disciplinary appeal (Salmon v Castlebeck Care (Teedale) Ltd) (EAT) • Result of successful appeal meant employee transferred • Highlights the necessity of adequate due diligence by transferee 14
- 15. Tribunal fees • Massive decrease in applications to ETs and EAT • Legal challenges by Unison dismissed – for the time being! • Further developments depend on the outcome of the election? 15
- 16. Looking ahead • 2010 -2015 reforms represent major change in approach to employment law: employer- friendly? • Outcome of the general election on 5 May will decide future complexion & development of employment law in the UK • And the Scottish dimension? 16
- 17. QUESTIONS? 17