Employment Law Report 2011: Dealing with Difference and Workplace Disputes
Benefits
After completing all training podcasts in this bundle you will:
- Understand the significant changes that are being made to the treatment of agency workers from October 2011
- Be aware of the key ‘day-1’ and ’12-week’ rights that agency workers will enjoy alongside other employees
- Be aware of the significant changes that have been made to the UK’s rules regarding compulsory retirement at 65 and what recent UK employment cases have had to say about the treatment of older workers and age discrimination
- Be aware of a significant and developing divergence between the UK and our EU neighbours on the question of justifiable age discrimination
- Understand the structure and key practical considerations to have in mind when faced with an industrial relations dispute
- Be aware of the significant changes being proposed to maternity and paternity leave by the government and how it will impact employers
- Be aware of the continuing gender pay gap and how recent legislation such as the Equality Act 2010 seeks to remedy the position
Training Bundle Overview
This podcast bundle features a selection of topical developments in UK and European discrimination and employment law. Providing you with in-depth practitioner analysis; enabling you to effectively navigate some of the topical and problematic elements of the employment law, from retirement and gender discrimination to proposals to overhaul parental leave the finer points of modern industrial relations law. This employment law podcast bundle will equip you with an awareness of what’s happening in the modern workplace and how to navigate an area that is increasingly a minefield for employers and practitioners.
- CPD Points:
- This bundle can provide up to 7 points details »
- Price:
- £299 (includes unlimited access until the end of 2012!)
- Suitable for:
- In-House Legal Advisers
- Employment Lawyers
- Solicitors
- Barristers
- HR & Personnel Professionals
- Practice Area:
- Employment Law
- Discrimination Law
- Contributors:
What is a CPDcast Bundle?
CPDcast training bundles contain a hand-picked selection of our CPDcasts that together will provide you with a discrete in-depth analysis of specific legal developments from scrutiny of the statutes and case law to practical application.
Contents
Employment Law Report 2011 contains the following CPDcasts:
- with Andrew Smith and Laura Prince from Matrix Chambers
This podcast is aimed at those interested in equality issues in employment law. It aims to set out a brief history of equal pay and the current state of play following the replacement of the 1970 Act with the Equality Act 2010.
After completing this course you will:
- Have had a brief history of equal pay in the UK;
- Know how to go about identifying a comparator;
- Understand the relationship between the provisions on equal pay in the EA 2010 and the rights contained in Article 157 TFEU;
- Know about the extent to which the Equality Act applies to other terms in an employment contract besides pay;
- Understand what counts as remuneration for the purposes of comparing terms and conditions;
- Know how a complainant can gather sufficient evidence to demonstrate a gender/pay disparity;
- Know to what extent a gender pay disparity is capable of objective justification;
- Be aware of the stark disparity between the limitation period for bringing an equal pay claim in the employment tribunal and the civil courts and why this matters.
- with Darren Newman from In-Company Training Services and Tom Flanagan from Irwin Mitchell
This pair of podcasts aims to identify some of the most interesting practical and legal issues surrounding the implementation of the most heralded Agency Worker Regulations 2010. This part is concerned with the important day-1 rights including the rights to collective facilities and job vacancies. It then goes on to address some of the key conceptual points concerning the qualification for 12-week rights, continuity of service and anti-avoidance protection. Part two of the CPDcast mini-series will focus on the key 12-week rights concerning pay.
After completing this course you will:
- Understand what the Agency Worker Regulations are all about;
- Understand the nature of the right agency workers are entitled to following the regulations’ implementation;
- Understand the key day-1 rights and their extent;
- Understand what is meant by ‘equality’ in the regulations and how this achieved;
- Be aware of the complex continuity rules necessary for agency workers to qualify for certain rights;
- Understand the issues around determining when a new assignment begins and an old one ends;
- Understand the key 12-week rights.
- with Darren Newman from In-Company Training Services and Tom Flanagan from Irwin Mitchell
This pair of podcasts aims to identify some of the most interesting practical and legal issues surrounding the implementation of the most heralded Agency Worker Regulations 2010. Following a detailed discussion of the day-1 rights in part 1, this podcast focuses on the pay and remuneration rights for agency workers under the regulations. It addresses the definition of pay and relevant exclusions. It addresses the extent to which a comparator can be used by a hirer as a defence on pay issues, the so called ‘Swedish Derogation’ and its likely uptake by hirers and the issue of liability for pay disputes concerning agency workers.
After completing this course you will:
- Understand what constitutes pay for the purposes of the 12-week rights under the regulations;
- Understand where bonuses and expenses come within the meaning of pay;
- Know the extent to which a comparator could be used as a defence to deny their agency worker rights;
- Understand how the comparator can be deployed to restrict the pay of agency workers;
- Understand the ‘Swedish Derogation’ from the regulations and its extent;
- Understand the commercial ‘trade-off’ that needs to be considered if seeking to circumvent the 12-week right to equality of pay;
- Understand the liability issues vis a vis agencies and hirers when it comes to pay disputes;
- Understand the issues about agencies and hirers sharing information relating to pay.
- with Rachel Crasnow from Cloisters
This podcast is aimed at those involved in employment law and interested in discrimination law. It addresses some of the key legislative and case law developments in the sphere of age discrimination in the last 12 months. Much of the podcast focuses on the changes made to the UK’s default retirement regime and how employers are going to need to react to is abolition. The podcast also considers a number of interesting recent cases that may suggest a direction of travel for the UK jurisprudence.
After completing this course you will:
- Understand the changes that have been made to the UK’s default retirement age;
- Understand how the structure of anti-age discrimination legislation works;
- Be aware of the special status of age among other protected characteristics;
- Understand the growing role of performance management when considering retirement issues;
- Understand how employers may continue to retire workers under an EJRA;
- Be aware how age discrimination might be justified on the basis of a genuine occupational requirement;
- Understand the dangers of using age as a proxy for competence, health and fitness;
- Understand the importance of finding a proportionate means of achieving a legitimate aim;
- Be aware of a number of interesting UK cases on age discrimination and what they tell us about the importance of evidence for assertions about age and retirement.
- with Rachel Crasnow from Cloisters
This podcast is aimed at those involved in employment law and interested in discrimination law. It addresses some of the key legislative and case law developments in the sphere of age discrimination in the last 12 months. Building on the topics discussed in Part 1, this podcast focuses on several of the key EU cases concerning retirement and how the ECJ appears to be taking a divergent view from that of the UK. The podcast concludes with a consideration of the proposed changes to age discrimination in the provision of goods and services and where the seeds of a future possible conflict may lie.
After completing this course you will:
- Understand the source of domestic and supranational anti-discrimination law and what impact that might have;
- Understand the direction of travel for EU anti age discrimination law from a number of ECJ decisions;
- Be aware of the major points of conflict between the UK rationale on what can be justified as a legitimate aim and the EU perspective;
- Have had a summary on the key points for employers to remember when considering issues of retirement;
- Be aware of developments in age discrimination concerning the provision of goods and services.
- with Camilla Palmer from Leigh, Day & Co.
This podcast aims to set out the proposed changes that may be made to the current law on parental leave from work. It contrasts the current position with the proposals exploring the potential benefits and drawbacks of a change by which mothers and fathers will be able to share periods of leave. The podcast also explores some of the tensions that might arise between employees and employers and the pressures of work culture, gender stereotypes and pay.
After completing this course you will:
- Understand the current system of how paternity and maternity pay works;
- Understand the criticisms of the current law;
- Be aware of the prospects for change in parental leave and when that might happen;
- Understand the key areas of distinction between the proposed system and the current one;
- Understand where there may be some ambiguity about the proposed reforms and how these might be resolved;
- Be aware of the practical aspect of implementing a more flexible regime for employers and employees.
- with Bruce Carr QC from Devereux Chambers
This podcast is designed to review some of the practical points for practitioners to bear in mind when advising a client faced with industrial action. It will look specifically at whether there is a ‘trade dispute’ and whether workers are taking industrial action within the meaning of the relevant legislation. What is the role of the union, whether the industrial action comes within the immunity from suit and how that might be lost. This podcast also examines the key coping strategies and injunctive relief available to help employers.
After completing this course you will:
- Be aware of the contextual background to the extent industrial action is used against employers;
- Understand the meaning of ‘industrial dispute’ and the importance of staying within the ambit of the legislation;
- Know whether a call to industrial action constitutes an actionable tort;
- Understand the importance of the union’s endorsement or authorisation of planned industrial action;
- Know how the immunity from suit may be lost;
- Understand the balloting requirements and procedures for industrial action to be lawful.
Contributors
Employment Law Report 2011 features the following legal experts:
Carr QC, Bruce (Devereux Chambers)
Bruce practises predominantly in employment law. His practice spans the breadth of this area and he is particularly sought for his expertise in relation to industrial action, restrictive covenants, company re-organisations, union recognition and de-recognition and discrimination.
In 2010 he was shortlisted by The Lawyer Awards as ‘Barrister of the Year’, nominated for the Chambers UK 'Employment Silk of the Year' and named Lawyer of the week by The Times newspaper in January 2010 following his success in the BA 'Christmas' injunction.
Prior to taking silk, he was twice nominated as 'Employment Junior of the Year' in the Chambers UK Bar Awards.
Crasnow, Rachel (Cloisters)
Rachel is renowned as an employment specialist appearing in complex, high-value claims involving race, age, sex and sexual orientation, disability and religion as well as TUPE, equal pay and whistle-blowing cases.
Rachel represents a wide variety of clients (including the EHRC, city firms, public authorities, charities and trade unions) on all aspects of employment law with a particular emphasis on discrimination and human rights. Her work often overlaps with medical law, education and public law issues. She also has extensive experience with inquests and regulatory matters including disciplinary hearings.
Rachel has been on the Bar Council's Diversity Committee for many years and is current Chair of the Bar Council Legislation and Guidance Group.
Flanagan , Tom (Irwin Mitchell)
Tom Flanagan is a senior member of the Employment Team at Irwin Mitchell and specialises in all aspects of contentious and non-contentious employment law, particularly within the financial sector.
He has particular expertise in dealing with TUPE in mergers, acquisitions and outsourcing, and in advising clients on Trade Unions and employee consultation issues. Tom’s other areas of expertise are boardroom disputes, drafting and enforcing restrictive covenants, restructuring and change management and equal pay and discrimination. Tom represented HSBC in the part-time pension workers' cases.
Newman, Darren (In-Company Training Services)
Darren Newman is an experienced employment law commentator. Formerly Head of Conferences and Training at IDS, he was also Head of Employment Law and Social Affairs at the Chemical Industries Association and an Employment Law Consultant with the Royal Bank of Scotland’s Mentor service.
He has a regular column in the Industrial Relations Law Bulletin.
Palmer, Camilla (Leigh, Day & Co.)
‘...she is an effective communicator who gets to the nub of the issue fast and is upfront about fees’. (Chambers and Partners). One client said ‘her outstanding advice preserved my career…’
Camilla has specialised in discrimination law for over 15 years and leads the Leigh Day & Co’s Employment Discrimination Team. From 2002-2009 she was a partner in Palmer Wade which established a high reputation as a niche employment discrimination firm, specialising in discrimination and harassment on grounds of sex, pregnancy, race, disability, sexual orientation and age. She has also worked in the public sector (Camden and Islington Councils) and the voluntary sector (law centres, the National Council for One Parent Families and Maternity Alliance). She has been an Employment Tribunal Judge since 2001.
Prince, Laura (Matrix Chambers)
Laura specialises in employment and discrimination law regularly appearing in employment tribunals and the Employment Appeal Tribunal for both applicants and respondents in cases involving unfair, constructive and wrongful dismissals, equal pay claims, unlawful deductions from wages, redundancy, TUPE transfers and all forms of discrimination. Laura also has experience of restraint of trade clauses in both the High Court and County Court.
Laura has extensive experience of equal pay claims and is currently representing claimants in numerous equal pay multiples including a multiple in Birmingham Employment Tribunal where Laura is representing over 1000 claimants.
Smith, Andrew (Matrix Chambers)
Andrew practises predominantly in employment and discrimination law but also undertakes work in the fields of sports law, personal injury, commercial and education law.
Andrew is a contributor to the discrimination law section of Jordan’s Employment Law. He has delivered seminars on a variety of topics, including the Equality Act 2010, the Agency Workers Regulations 2010, disability discrimination, High Court bonus claims and equal pay.
In the field of sports law, Andrew acted on behalf of the claimant in Iain Dowie v Charlton Athletic FC (2010), a case before the FA Premier League Managers Arbitration Tribunal. Andrew also has experience of claims involving the Football Agents Regulations; and was recently instructed on a dispute relating to membership of the Professional Speedway Elite League (led by Rhodri Thompson QC). The summer 2011 volume of the Entertainment and Sports Law Journal includes an article by Andrew entitled 'All Bets Are Off: Match Fixing in Sport - Some Recent Developments'.
