welcome to this cipd coventry & warwickshire branch event cipd coventry & warwickshire

Welcome to this CIPD Coventry & Warwickshire

Branch Event

CIPD Coventry & Warwickshire

• Mentoring is available for a young person aged 18-24 that is claiming job seekers allowance through their local jobcentre plus.

• The mentoring project is promoted by the young person’s job centre adviser and if they are a suitable candidate they are referred to the online registration portal where they can register themselves.

• If you are interested in becoming a mentor for the project or would like further information, please visit www.cipd.co.uk/stepsaheadmentoring

CIPD Coventry & Warwickshire

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• www.cipd.co.uk/branch/coventry

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CIPD Coventry & Warwickshire

Today’s EventHot Topics: Employment Law Update

Speaker: Derek Eccelston

Time: 18:30 to 20:00

CIPD Coventry & Warwickshire

Employment Law and Case Review

CIPD Coventry and Warwickshire Branch

August 2014

Employment Law Training Ltd

Practical Workshops and advice for Employers on all Employment Topics

tel: 01789 470 700email: derek@eltraining.co.ukweb: www.eltraining.co.uk

We now sell employment documents:

www.employmentlawtemplates.co.uk

Download these PowerPoint slides by going to our website:

www.eltraining.co.uk Click: Down load presentation from left hand menu.

You can also sign up to receive a regular Employment Newsletter with all the latest legislative

changes and case law that is relevant to HR professionals.

Payment/Compensation limits April 2014

• The limit on a 'week's pay' (used to calculate redundancy pay and basic/additional awards) increased from £450 to £464.

• The maximum compensation award increased from £74,200 to £76,574.

• The rate of guarantee pay increased to £25.00 per day. • The minimum award for certain types of unfair dismissal

(e.g. dismissal of union/employee representatives) increased from £5,300 to £5,500.

• Statutory Sick Pay to £87.55 from £86.70

Adult Rate (21+) £6.50 (£6.31)

Lower rate (18 to 20) £5.13 (£5.03)

Youth rate (16/17) £3.79 (£3.72)

Apprentice minimum wage - £2.73 (£2. 68)

This rate will apply to:

• apprentices under 19

• apprentices aged 19 and over, but in the first year of their apprenticeship

Minimum Wage RatesOct 2014

Change under way?

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 legal challenge!

Early Conciliation

- Introduced 6 April 2014, compulsory from 6 May 2014

- Tribunal claims made to Acas first- One month to try to reach settlement

before claim made to Tribunal

Change under way?2014

Action against Employers who do not pay up!!

Health and Work Service

• Will be trialled this Autumn and set up nationally in May 2015

• Advise on employees absent due to sickness for four weeks or more

• Case manage complex cases• Contract for 5 years just awarded by

Government to Health Management Company (Maximus)

Zero Hours Contracts

“Casual” and “bank” staff

Bill includes• Ban on “exclusivity” clauses – employer

will not be able to prevent staff from doing work for other employers. 

• Proposal to clarify the definition of zero hours arrangements.

• Code of practice and guidance

Discrimination related issues

• Third party harassment – went on 1 Oct 2013

• Questionnaires – 6 April 2014• Equal Pay Audits – October 2014• Adding of caste as a protected

characteristic?

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’.

• Newey v Sainsbury Supermarkets ET 2013

Two references to early retirement in performance management disciplinaries.

• Nolan v CD Bramhall (Evans Halshaw) ET 2013

Car salesman, aged 64, selected for redundancy, subjected to banter. The ‘only joking’ defence!

• Clements v Lloyds Banking Group EAT 2014

Manager says “you are not 25 any more you know…” in a performance discussion

Flexible working

• Right to request now extended to all employees with 26 weeks’ continuous service from 30 June 2014

• Statutory procedure removed• Acas Code of Practice introduced

Shared Parental Leave – Spring 2015

• Mother takes at least 2 weeks post birth• Share remaining leave• Total is still 52 weeks, 39 of which are paid• 8 weeks notice• Each person taking parental leave gets 20

KIT days• Partner ante natal rights (October 2014)

Adoption leave

• Remove 26 week qualifying period• Bring pay into line with SMP• Allow time off to meet prospective child

Rights for WorkingGrandparents!

Disability Discrimination

Reasonable adjustments• Croft Vets v Butcher [EAT 2013] – employer

should pay for psychiatrist sessions• Secretary of State for Work and Pensions

v Higgins [EAT 2013] – 13 week period of phased return reasonable

• The Environment Agency v Donnelly [EAT 2013] – car park space should be provided

Disability update

• Gallop v Newport City Council. Court of Appeal 2014

Can the Employee still be classed as “disabled” when an Occupational Health

provider stated to the Employer that he was not disabled?

Disability Discrimination

Obesity and disability.

ECJ (Advocate General)opinion in a referral from Denmark (Karsten Kaltoft case)

UK Case: Walker v Sita Information Networking Computing Ltd EAT 2013

Airline pilots’ holiday pay cannot be restricted to basic pay and should include certain flying allowances.

Guidance that workers on holiday are entitled to receive “normal remuneration/intrinsic to their work”.

• British Airways v Williams – ECJ/Supreme Court 2012

• Neal v Freightliner Ltd. Birmingham (appealed to EAT but then settled)

• Fulton v Bear Scotland (EAT, hearing due end of July - decision awaited)

• British Gas v Lock ECJ 2014 – holiday pay should include commission payments

Holiday Pay

Tupe changes

• Employee liability information – timeframe extended to 28 days

• Pre-transfer consultation counts towards collective redundancy consultation

• Static approach to transfer of terms from collective agreement

• Micro businesses may consult directly

• In March 2014, legislation came into force that allows certain old and minor cautions and convictions to no longer be subject to disclosure.

• The time limits for convictions to become “spent” were also changed. Only sentences of over 4 years are never spent now; previously only sentences of over 30 months were never spent.

Disclosure and Barring Service (DBS)

Case law update

CD v ST [2013] and Z v A Government

Department and the Board of Management of a Community School [2013]

Are surrogate mothers entitled to maternity leave?

McMillan v Airedale NHS Foundation Trust, Court of Appeal 2014

Can the Employer increase a disciplinary sanction on appeal?

Asda Equal Pay claim?

Employment Law Training Ltd

Practical Workshops and advice for Employers on all Employment Topics

tel: 01789 470 700email: derek@eltraining.co.ukweb: www.eltraining.co.uk

We now sell employment documents:

www.employmentlawtemplates.co.uk

A few final reminders

• The presentation slides will be available on the branch website

• Survey Monkey for event evaluation

• Committee Members are available to sign CPD forms/Certificates of attendance

CIPD Coventry & Warwickshire

Future Events

Are you interested in running an event in the future or can you recommend a good speaker/trainer?

• Audience of wider HR/L&D professionals• Broad variety of topics welcomed• Great networking opportunity

CIPD Coventry & Warwickshire

Future Events

Are you interested in becoming a CIPD Events Champion?• Great networking opportunity• Improve public speaking skills / self-

confidence• Influence Branch events• Be part of a great team!

CIPD Coventry & Warwickshire

Upcoming EventsNailing a Jelly to the Wall: the Art and Science of FacilitationTuesday 19 AugustCoventry Chamber of Commerce

Employment Law Event: Breakfast BitesWednesday 17 SeptemberKenilworth Cricket Club

CIPD Midlands Annual Event with Peter CheeseSaturday 4 October, 10:00 to 15:30Hinckley Island Hotel, Leicestershire

cipd.co.uk/branch/coventry/events

CIPD Coventry & Warwickshire

Thank you for coming!

See you again at a future branch event

www.cipd.co.uk/branch/coventry

CIPD Coventry & Warwickshire