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Rollits Employment Law Breakfast Briefing March 2013
The document outlines employment law updates and reforms as of March 2013, including changes to unfair dismissal criteria, mediation processes, and increases in statutory payments such as the national minimum wage. It also discusses developments in apprenticeships and various employment regulations, with key dates for upcoming legislative changes. Key highlights include a focus on employee rights, health and safety regulations, and case law impacting discrimination and dismissal across various contexts.
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Rollits Employment Law Breakfast Briefing March 2013
- 1. Employment Law Breakfast Briefing March 2013
- 2. Review of 2012 Edward Jenneson
- 3. Qualifying period forunfair dismissal
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- 6. Increase costs award Increase deposit award Increase cost of Tribunals - now at record £84 million per year
- 7. Looking at mediationbefore litigation
- 8. Increase in statutorypayments
- 9. National minimum wage- 1 October 2012 £6.08 to £6.19 - 21 and over £2.60 to £2.65 - Apprentices Youth rate unchanged at £4.98
- 10. Last possible dateto legally retire an employee!
- 11. Employment Law Reform Donna Ingleby
- 12. Introduction • The Enterprise Regulatory Reform Bill • The Employment Tribunal Rules Review • The Children and Families Bill
- 13. Dates to Lookout for in Spring 2013 8 March increase in unpaid 1 April parental leave (13 weeks to 18 the Legal Aid 6 April weeks). Sentencing and Punishment of Changes to 9 April Offenders Act collective 2012. consultation. Close of ACAS 11 April Remove new One hundred plus consultation on employment cases redundancies at the Code of Close of from the scope of one establishment Practice for Government legal aid, except in - consultation settlement consultation on relation to reduced to 45 agreements. repealing discrimination days. elements of TUPE. complaints. Regulation of employment businesses and employment agencies.
- 14. Summer 2013 • Portable online DBS (previously CRB) • Review of Agency Workers Regulations • Whistle blowing reform • New Tribunal fees and rules • Making Settlement Agreements easier • Twelve month cap on unfair dismissal compensation
- 15. Autumn 2013 • Employee shareholder employment status • TUPE Regulation reforms
- 16. Spring 2014 • The right to request flexible working for all employees • ACAS Early Conciliation introduced • The introduction of Employment Tribunal penalties
- 17. Looking forward 2015 • Shared parental leave • Changes to the Equality Act 2010
- 18. A Focus onApprenticeships Lottie Pigg
- 19. The Old Regime CommonLaw Apprenticeship 1. Primary purpose training 2. Secondary purpose employment 3. Cannot dismiss on same grounds as an ordinary employee
- 20. • Learoyd v Brook (1891) – Apprentice’s actions must be so extreme that the apprentice is effectively unteachable • Dunk v George Waller & Son Ltd (1970) – Lack of initiative and an unsatisfactory college report did not justify dismissal • Wallace v C A Roofing Services Ltd (1996) – Redundancy only permitted if potential closure or fundamental change to the character of the business
- 21. Common Law Apprenticeship • Risks: – Wrongful Dismissal – Compensation based on lost earnings and loss of expected earnings on achieving the qualification
- 22. The New Regime Apprenticeships,Skills, Children and Learning Act 2009 (“ASCLA 2009”) • Primary purpose employment • Apprenticeship Agreement two main requirements: – The Apprentice must undertake work for the employer – The Apprenticeship must be in the “prescribed form”
- 23. Prescribed Form • Must be a written contract of employment (section 1 Employment Rights Act 1996) • Must include a statement of skill trade and occupation • Must be and state entered into in connection with a qualifying apprenticeship framework
- 24. Apprentice Rights Pay Apprenticeship Rate: £2.65/hour Under 19 or over but 19 in first year of apprenticeship Development Rate: £4.98/hour Aged 18 -20 Standard Adult Rate: £6.19/hour Aged 21 or over
- 25. The Working TimeRegulations Working Hours Under age 18 Age 18 or over Max 8 hours work/day Max 48 hours work/week Max 40 hours work/week Can “opt out” No night work between 10 pm - 6 am or Max 8 hours night work in each 24 hours 11 pm - 7 am 11 hours rest in each 24 hours 12 hours rest in each 24 hours 20 minute rest break when working over 30 minute rest break when working over 6 hours/day 4.5 hours/day Holiday Entitlement Health & Safety 28 days/year or 5.6 weeks Risk Assessment Can include bank holidays
- 26. Sickness Absence • Entitled to SSP provided earn at least £107/week (£109/week from April 2013) • SSP currently £85.85/week – Company Sick Pay – Absence Procedure
- 27. Maternity & PaternityLeave Exactly the same as your employees so provided have sufficient continuous employment and earn at least as much as the Lower Earnings Limit for NIC £107/week (£109/week from April 2013) Maternity Leave (52 weeks) Paternity Leave (2 weeks) No qualifying level of employment Employed for 26 weeks before the 15th week before expected week of childbirth Statutory Maternity Pay Statutory Paternity Pay Employed for 26 weeks before the 15th week As above before expected week of childbirth 2 weeks at £135 or 90% of weekly earnings 6 weeks 90% of earnings 33 weeks at SMP whichever is the lower £135.45
- 28. Summary • Existing apprentices • New apprentices • Contractual documentation is key!
- 29. Case Update EdJenneson
- 30. Employee or self-employed? Quashiev Stringfellows. • Dismissed and claimed unfair dismissal • Mutuality of obligations • Subject to disciplinary process • Court of Appeal • Had to consider how she was paid
- 31. Is it okto shout? Townsend v Gillette UK Farnaud v Dr Hadwen Trust Ltd • Importance of procedure
- 32. Be careful whatyou eat! Kaczor v Booker Limited • “a harsh dismissal will not always be an unfair dismissal” • Theft justifies dismissal. Even if it is only 39p! Note Employment Tribunal decision and not binding
- 33. Behave at theChristmas party! Gimson v Display by Design Limited • During the course of employment? • Deemed sufficiently connected
- 34. Religious Discrimination • The right to wear a cross • A number of cases went to Europe Ms Eweida v BA • Deemed to be a manifestation of her religious belief • BA wanted “clear corporate image” • No evidence that wearing a cross would damage that image However, NOTE: This is the one which hit the press
- 35. Religious Discrimination Chaplin vNHS Trust • No discrimination on health and safety grounds • Worn it since 1978 • Department of Health Guidelines to “protect the health and safety of patients and staff”
- 36. Religious Discrimination Ladele andMcFarlane • Refused to deal with gay individuals on the grounds of their religion • Marriage counsellor and civil servant who performed civil ceremonies • Employer was right to conclude that all employees adhered to a non-discriminatory policy
- 37. Age Discrimination Nolan vCD Bramall Limited/ta Evans Halshaw • Be careful what you say as “Yoda” was discriminated against. • Brought claim for unfair dismissal and age discrimination on the basis that he was selected for redundancy based on the fact that he was nearing retirement. • 104 year old team leader • Changed number plates on his car
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- 39. Donna Ingleby Ed Jenneson Lottie Pigg Partner, Head of Employment Associate Senior Solicitor [email protected] [email protected] [email protected] 01482 337314 01482 337341 01482 337242