The presentation will consider the legislative changes introduced since the 2014 PPMA conference and examine further proposed changes, particularly the Small Business, Enterprise and Employment Bill.

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

3. LEGISLATION UPDATE

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’
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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
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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?
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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
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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?
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10. RECENT CASE LAW – A SELECTION
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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
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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
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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
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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
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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?
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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?
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17. QUESTIONS?
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