Welcome Andy Brady HR Business Manager Experts in recruitment: - - PowerPoint PPT Presentation

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Welcome Andy Brady HR Business Manager Experts in recruitment: - - PowerPoint PPT Presentation

Feb 24, 2023 457 likes •1.04k views

Welcome Andy Brady HR Business Manager Experts in recruitment: Accountancy & Finance Call & Contact Centre Financial Services Manufacturing & Engineering, Supply Chain & Logistics Office Services Insurance HR &

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Welcome

Andy Brady HR Business Manager

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Experts in recruitment: Accountancy & Finance Call & Contact Centre Financial Services Manufacturing & Engineering, Supply Chain & Logistics Office Services Insurance HR & Training Legal IT Executive Search & Selection

@hrconsultancy #HRCEAST

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Date for the Diary: Thursday 26th October 2017 Edinburgh Drinks & Networking Event Snakes, ladders and sliding doors – driving your own career Strategies for career progression, effectiveness and well- being at work. Offering a practical tour of the latest thinking around developing careers, Coretta talks about what we can do to maximise potential. 18:00 to 21:00 The Refinery, St Andrews Square

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TRIBUNAL FEES

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HOLIDAY PAY

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Where are we now?

  • All workers in the U.K. entitled to 4 weeks' annual leave under EU Law ('Euro

Leave') and an extra 1.6 weeks' annual leave ('UK Leave').

  • Workers historically paid only ‘basic pay’ for all holidays.
  • However, the combined result of holiday pay litigation is that workers should now

receive ‘normal pay’ in respect of their Euro Leave.

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Dudley Metropolitan Borough Council v Willetts and

  • thers EAT/0334/16

EAT rules that holiday pay should include entirely voluntary

  • vertime.
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Lock v British Gas Trading Ltd Performance related commission must be included when calculating holiday pay.

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DISCRIMINATION

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Religious discrimination

Achbita v G4S Secure Solutions NV A company rule prohibiting the wearing of visible signs of political, philosophical or religious belief is not directly discriminatory. Bougnaoui and anor v Micropole SA An employer’s reliance on a customer’s objections to being served by an employee wearing an Islamic headscarf as a reason for dismissal is discriminatory treatment.

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Disability discrimination

Donelin v Liberata UK Ltd Failure to make reasonable adjustments - Constructive knowledge of the disability. Gallop v Newport City Council When should knowledge of disability be imputed to the employer to establish direct disability discrimination?

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G4S Cash Solutions (UK) Ltd v Powell

Is ring-fencing pay a ‘reasonable adjustment’?

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Indirect Discrimination

Essop v Home Office; Naem v Secretary of State for Justice T

  • succeed with an indirect discrimination claim, is it necessary to establish the

reason for the particular disadvantage?

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Burden of proof

Efobi v Royal Mail Group

Does the ball start in the Claimant’s court?

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EMPLOYMENT STATUS

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Gig Economy

Aslam v Uber BV Dewhurst v CitySprint UK Ltd What is the reality of the entire working relationship?

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‘Worker’ status

Pimlico Plumbers Ltd & Anor v Smith

Self-employed plumber: entitled to ‘worker’ rights.

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DISMISSAL

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Wrongful dismissal

Adesokan v Sainsbury's Supermarkets Ltd

Can gross negligence constitute gross misconduct?

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O’Brien v Bolton St Catherine’s Academy Long-term sick leave dismissal – when is it fair?

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SUSPENSION

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Suspension

Agoreyo v London Borough of Lambeth

When is suspension a breach of trust and confidence?

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WHISTLEBLOWING

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Whistleblowing

Chesterton Global Ltd & Anor v Nurmohamed

When is a protected disclosure ‘in the public interest’?

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EQUAL PAY

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Equal pay for equal value

Brierley and others v Asda Stores Ltd

Largest ever equal pay claim against a private sector employer expected this year.

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LEGISLATION UPDATE

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 Gender Pay Gap  Tax Update  Brexit

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GENDER PAY GAP

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Gender Pay Gap Reporting

  • Gender pay reporting legislation requires employers with 250 or more employees

to publish statutory calculations every year showing how large the pay gap is between their male and female employees.

  • The rules apply to:
  • Any private or voluntary sector employer with more than 250 employees
  • Employees ordinarily working in the UK
  • Contract governed by UK employment law
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Key Dates

  • 5 April 2017: First ‘snapshot’ date – gender pay gap calculations are based on

relevant employees’ pay during the pay period within which this snapshot date falls each year.

  • 6 April 2017: Regulations come into force.
  • 4 April 2018: Last date for publication of gender pay gap report following 2017

‘snapshot’.

.

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TAXATION

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IR35 ‘intermediaries legislation’ system

From 6 April 2017 – employers/agencies responsible for ensuring intermediaries pay the correct tax. Changes apply to thousands of workers who supply their services on a self-employed basis to public-sector employers.

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Changes to the taxation of termination payments Apprenticeship levy Tax-free childcare scheme

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BREXIT

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 Article 50 triggered 29 March 2017  Great Repeal Bill What does this mean for employment law in the UK?

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FUTURE LEGISLATION

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Future legislation

  • Tribunal fees
  • T

aylor Review

  • Immigration Bill
  • Pay gap reporting – race
  • E-balloting
  • Grandparental leave
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Q A

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Keep the Tribunal Onside

  • What kind of person becomes an Employment

Judge?

  • Create the path of least resistance.
  • Reduce your case to one sentence.
  • It’s complicated…
  • 1000 facts means 1000 findings.
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SIBLING SQUABBLES

Don’t pick unnecessary fights.

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Equipped for Success

  • You need the right material to prove your story.
  • Witnesses who can speak from their own knowledge

about the issues.

  • Contemporaneous documentation is your next best

tool.

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DISMANTLING THE OTHER SIDE’S CASE

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Exposing Contradictions

  • 1. Evidence contradicts a contemporaneous written

record;

  • 2. Evidence contradicts other evidence by the same

witness;

  • 3. Evidence contradicts evidence by another witness;
  • r
  • 4. Evidence contradicts common sense.
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SETTLEMENT STRATEGY

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Sophisticated Settlement

  • The first myth.
  • The second myth.
  • The right questions in the right order:
  • Can we afford to lose this case?
  • Can we afford to win this case?
  • What are the prospects of success?
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IN PREPARATION LIES SUCCESS

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Preparing for Tribunal

  • Your statement is your friend…
  • Advantages to preparation:
  • The story is straight long before it’s subject to challenge;
  • Opportunity to think things through results in clear and logical

evidence;

  • No surprises on the day from documents;
  • The evidence is yours and yours alone; and
  • Areas of concern are identified and addressed pre-hearing.
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GIVING EVIDENCE

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Giving Evidence: The Golden Rule

  • Tell the truth
  • Tell the truth
  • Tell the truth
  • No really, tell the truth.
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Giving Evidence: Common Issues

  • The infinitesimal possibility
  • Filling memory gaps
  • Creating memory gaps
  • Mea culpa
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Giving Evidence: Common Issues

  • Hypothetical Scenarios become reality.
  • Opening up the closed question.
  • Passing the memory test.
  • Do. Not. Fence.
  • The cracked record.
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Q A

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Get in touch:

burnesspaull.com @BurnessPaull

Morag Hutchison Jennifer Skeoch Partner Senior Associate +44 (0)131 473 6029 +44 (0)141 273 6782 Morag.Hutchison@burnesspaull.com Jennifer.Skeoch@burnesspaull.com

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Thanks

Evelyn Costello Senior Consultant

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Date for the Diary: Thursday 26th October 2017 Edinburgh Networking Event 18:00 to 21:00 The Refinery, St Andrews Square

REMINDER…..