Employment Law - 2018 Update

SRA Competence

B, C

Overview

This course focuses on significant legislative and case law changes including the practical implications. Content varies at each session depending on what is topical or of continuing importance and may include:

• Don’t miss the wood for the trees. Following the Court of Appeal decision in Chesterton v Nurmohamed, how raising personal contractual disputes can still be a public interest disclosure.
• Back to basics: with Tribunal fees abolished, the risk of claims has increased. We look at the tactical and litigation impact of ACAS conciliation and what can be learnt about business risk from the ET statistics.
• Can an employee summarily dismissed object and claim the employment continues? Can an employer refuse to accept the immediate resignation without notice of an employee seeking to join a competitor? Alternative remedies beyond garden leave and enforcing restrictive covenants. The continuing implications of the Supreme Court decision in Geys v Société Génerale.
• Employment status- whilst no legislative changes have yet been proposed to implement the Taylor Review, the clear case law trend is to find self-employed “contractors” are workers. A self-employed tax status does not of itself answer the question of worker status. One fundamental question is whether the self-employed person is in truth working for their business or yours?
• Mandatory gender pay gap reporting - employers with 250 employees must publish their results by April 2018 and repeat annually. The reporting process is well under way but what difference will it make to achieving equal pay? A high profile equal pay group action is proceeding against Asda in the ET.
• Cases under appeal and developments on the horizon.

Venue may change up to 14-days before the course start date. Enquire for dates.

By the end of this course you will be able to:

• Describe key developments in areas relevant to your work and the practical implications and compliance steps.
• Recognise from a realistic perspective, the risks and impact of new legislation or a case and the tactical implications.
• Understand the likely timing of legislative reform.

Under the SRA’s new approach to continuing competence, solicitors are expected to use the Statement of Solicitor Competence to identify and address their learning and development needs. The competence statement requires the following competencies:

• A - Ethics, professionalism and judgement
• B - Technical legal practice
• C - Working with other people
• D - Managing themselves and their own work

This interactive course will benefit employment and commercial lawyers, in house counsel, HR and others wishing to keep up to date.