Employment Law Briefing The 4 Key Employment Laws

Employment Law Briefing The 4 Key Employment Laws Every Employer Should Be Aware Of… Thushara Polpitiye (Hons) Solicitor 30 April 2019

Employment Law Briefing • Key Questions: • Who? • Why? • What?

Employment Law Briefing 4 Key Laws EVERY Employer should be Aware Of… ü Contract of Employment – Why do you need terms and conditions? ü Redundancies – how do you deal with them? ü Terminations – how do you get rid of headache employees? ü Discrimination & Harassment – What are they exactly and how can they be prevented or resolved?

What Do I Pay If I Get It Wrong?

Employment Law Briefing • What do you pay if you get it wrong? • Unfair/ Constructive Dismissal – approx. £ 83, 682, or 52 weeks gross salary- whichever is the lower. Plus a Basic Award • Injury to Feelings – 3 bands updated this month: • £ 900 to £ 8, 800 (less serious cases) • £ 8, 800 to £ 26, 300 ( cases that don’t merit an award in the upper band) • £ 26, 300 to £ 44, 000 (most serious cases) • No cap on compensation – Discrimination

Employment Law Briefing

Employment Law Briefing 1. Why Do You Need a Contract of Employment? • 8 weeks to give a written contract of employment. • What is its purpose? Certainty of terms/dispute avoidance. • What are the essentials? : • Start date, hours, pay, notice, holiday etc. • Restrictive covenants – during employment and post termination. (Decorus Ltd v Penfold [2016] EWHC 1421) • • • Express terms vs implied terms. Repudiatory breaches – unfair and constructive dismissal claims. How to change employee terms? Business justification/reasonableness. With or without a variation clause? Justified dismissal?

Employment Law Briefing Why do you Need a Company Handbook? • What is its purpose? • Contractual vs guide. • How does it protect the business? Consider Vicarious liability and Statutory Defence. • Consider reality of working practices

Employment Law Briefing 2. Redundancies – How to deal with them simply? This Photo by Unknown Author is licensed under CC BY

Employment Law Briefing • No longer a requirement for a job of a particular kind. • What 3 circumstances constitute a redundancy situation? • Business closure? • Not enough work? • Restructure?

Employment Law Briefing What does a lawful redundancy process involve for you? • Meaningful consultation – 20 to 99 employees (30 days); 100 or more (45 days). • Employee reps or union representatives require additional procedures to follow to appoint them. • Fair selection. • Consideration of suitable alternative employment. • Bumping? • Redundancy must the last reasonable resort!

Employment Law Briefing 3. Terminations

Employment Law Briefing 3) Disciplinary and Grievance Procedures i. How to deal with disciplinary issues: a) The Art of Dismissing Fairly: • Length of service. Employment Law Briefing • Fair reasons. • Fair procedure -Investigation and 3 step process -Right to be accompanied -Burden of Proof/Reasonable Belief -Fundamental right of appeal

Employment Law Briefing ii. How To Deal with Grievances? : • • What counts as a grievance? Discrimination/harassment/ workloads etc. What is the process? Mirror disciplinary process. Outcomes: Conciliation, settlement or tribunal?

Employment Law Briefing Compromise is the cheapest lawyer!

Employment Law Briefing 4. What is unlawful discrimination or harassment?

Employment Law Briefing Anti – Discrimination - EA 2010 brings 9 pieces of separate legislation into 1. • Age. • Disability. • Gender reassignment. • Marriage & civil partnership. • Pregnancy and Maternity. • Race. • Religion or Belief. • Sexual orientation.

Employment Law Briefing • What types of discrimination are unlawful? • A) Direct and indirect discrimination. • B) By association or by perception – no need to actually possess it. • C) Harassment • D) 3 rd Party harassment

Employment Law Breifing • Harassment Defined. • “unwanted conduct related to the relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual. ” • Applies even if not directed at them. • Complainant need not have relevant protected characteristic.

Employment Law Briefing • Victimisation 4 elements: • Employee treated badly • because they have made or supported a complaint or • raised a grievance • Under the EA. • No protection if maliciously made or knowingly supported untrue complaint – good faith? • Comparator not required

Employment Law Briefing How can you reduce the risk that you will be held legally responsible? • Telling your employees/agents when they start working for you. • Equality training. • Contracts of employment/staff handbook in line with equality law and confirm consequences for breaches. • I. e. You took all reasonable steps to prevent employee/agent from acting unlawfully or they acted outside scope of authority. • Potential personal liability of employees/agents if above satisfied.

Employment Law Briefing • Did you get what you came for? • Required info? • Extra info?

Employment Law Briefing What do you do now? • • Protect your business. Make the right decisions for your business moving forward. • Contact us for no obligation quotes – Breaking the Mould of Solicitors: • • • Direct dial – 0203 011 1601 thushara. polpitiye@astutehr. co. uk www. astutehr. co. uk