Employment Law and Case Review CIPD Coventry and
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Employment Law and Case Review CIPD Coventry and Warwickshire Branch August 2016 Derek Eccleston and Kate Russell
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Brexit • No immediate changes! • As the UK leaves – key questions will be what is immigration law going to be? • Longer term some EU legislation/ decisions may be reviewed.
Tribunal Statistics 2015… 61, 308 claims. In 2014 the Tribunals received 105, 803 claims. The Annual Report suggests that the introduction of fees is the primary reason.
Living/Minimum Wage Rates 2015/16 Living Wage (age 25 and over) £ 7. 20 (April) Adult Rate (21) £ 6. 70 ( £ 6. 95 from October) Lower rate (18 to 20) £ 5. 30 (£ 5. 55) Youth rate (16/17) £ 3. 87 (£ 4. 00) Apprentice minimum wage - £ 3. 30 (£ 3. 40)
Family Friendly Update
Family Friendly Issues Shared Parental Leave experience? ?
Family Friendly Issues Recent case: Childcare vouchers issued under a salary sacrifice scheme can be withdrawn during a woman's maternity leave – this overturns earlier decisions and goes against HMRC Guidance! Peninsula Business Services v Donaldson. EAT 2016
Data Protection Information Commissioner reports on fines on employers for data breaches.
Data Protection Lancashire Constabulary Missing persons report containing personal data found in the street
Data Protection Lancashire Constabulary Missing persons report containing personal data found in the street £ 70, 000
Data Protection Hertfordshire CC Fax error - leading to disclosure of personal data
Data Protection Hertfordshire CC Fax error - leading to disclosure of personal data £ 100, 000
Data Protection Surrey County Council Various incidents concerning the disclosure of personal data via email to incorrect recipients
Data Protection Surrey County Council Various incidents concerning the disclosure of personal data via email to incorrect recipients £ 120, 000
Data Protection Welcome Financial Services Ltd Loss of unencrypted back up disc containing personal data
Data Protection Welcome Financial Services Ltd Loss of unencrypted back up tape containing personal data £ 150, 000
Data Protection Brighton & Sussex University Hospital NHS Trust Insecure disposal of hard drives containing personal data
Data Protection Brighton & Sussex University Hospital NHS Trust Insecure disposal of hard drives containing personal data £ 325, 000
Data Protection Scottish Borders Council Paper documents relating to pension records found in a supermarket recycling bank.
Data Protection Scottish Borders Council Paper documents relating to pension records found in a supermarket recycling bank. £ 250, 000
Fit for Work You can access Fit for Work advice by using the following web links and telephone numbers below: England Wales www. fitforwork. org 0800 032 6235 Opening hours : Monday to Friday 8. 30 am to 6. 00 pm Welsh Language Line www. fitforwork. org 0800 032 6233 Opening hours : Monday to Friday 8. 30 am to 6. 00 pm Scotland www. fitforworkscotland. scot 0800 019 2211 Opening hours advice: Monday to Friday 9. 00 am to 5. 00 pm
Trade Union Act 2016 • 50% threshold for ballots on industrial action • 40% of those eligible to vote must back action for strikes in core public services (health, education, transport & fire services) • Tightening rules on ballot mandates • Tackling the intimidation of non-striking workers
Trade Union Act 2016 • Sets six-month “shelf life” – or nine months if union & employer agree – for industrial action after a mandate • Requires clearer description of the dispute & the planned action on the ballot paper • Provide more powers to certification officers to ensure rules are followed by unions • Requires that notice of industrial action is doubled to 14 days, unless the employer agrees to seven days
Immigration In the second half of 2015 the Home Office issued 1, 217 illegal working penalties to businesses totalling £ 21. 6 million!!
Immigration Act 2016 • New sanctions against illegal workers & employers hiring illegal workers • Offence if employer ‘had reasonable cause to believe’ an employee is an illegal worker. • Closure of business for inspections • Sanction increases from two to five years’ imprisonment • Some parts in force July 2016
Dismissal Case Law A dismissal for gross misconduct for falsely claiming sick pay, misrepresenting his ability to attend work and for making a false claim of an injury at work was fair. Metroline West v Ajaj EAT 2016
Dismissal Case Law There is no duty to follow the ACAS Code of Practice on Discipline/Dismissal when terminating a contract for long term sickness Holmes v Qinetiq ltd. EAT 2016
Case Law Does raising performance issues with an employee suffering from stress and on sick leave breach the implied duty of trust and confidence? Private Medicine Intermediaries v Hodkinson. EAT 2016
Discrimination Case Law Age discrimination: £ 63, 000 for salesperson nicknamed “Gramps” Dove v Brown & Newirth Ltd ET 2016
SOSR!
SOSR! 1. Third Party pressure to dismiss 2. Business reorganisation which is not redundancy 3. Personality clash – cannot work with others 4. Breakdown in trust and confidence 5. Expiry of a FTC 6. End of temporary contract (e. g. maternity cover) 7. Failure to agree new terms and conditions 8. Damage to reputation (disrepute) 9. Conflict of interest (connection to competitor) 10. Mistake/ignorance of the law.
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