Plenary 3: Employment law - the latest cases and decisions affecting law firm HR Alison Downie, partner and head of employment, Goodman Derrick LLP

Transcription

1 Plenary 3: Employment law - the latest cases and decisions affecting law firm HR Alison Downie, partner and head of employment, Goodman Derrick LLP

2 Law Management Section HR Forum 2016 Wednesday 16 March 2016 The Law Society, London

3 EMPLOYMENT CASE LAW UPDATE 2016 Alison Downie Head of Employment and Discrimination Goodman Derrick LLP

4 Topics Unfair Dismissal Contracts of Employment Pay Benefits and Leave Discrimination Sex Discrimination Disability Religion and Belief Up and Coming

5 Unfair Dismissal Did HR go too far in investigation? Ramphal v- Department of Transport EAT [2015] decision maker unduly influenced by HR changes on culpability and sanction fair dismissal set aside Chhabra implied term confirmed

6 Unfair Dismissal Clear guidance on extent of HR involvement and influence HR should limit advice to questions of law, procedure and process HR must avoid straying into areas of culpability HR must not advise on what an appropriate sanction should be, apart from addressing issues of consistency Significant influence by HR unfair investigation and dismissal

7 Unfair Dismissal Shrestha v- Genesis Housing Association Ltd CA [2015] no duty to carry out further investigations dismissal within range of reasonable responses British Waterways Board t/a Scottish Canals v- Smith EAT [2015] Facebook derogatory comments 2 years before dismissal

8 Unfair Dismissal McElroy v- Cambridge Community Services NHS Trust ET [2015] Smell of alcohol Failure to attend 2 nd meeting Not sufficient unfair dismissal Insley v- Accent Catering ET [2015] E-cigarettes at work

9 Unfair Dismissal Pulling a sickie grounds to dismiss? Metroline West Ltd v- Mr Ajaj EAT [2016] Claimed injured Covert surveillance Dismissed for fraud ET unfair dismissal no evidence could work EAT - fundemental breach of trust + confidence

10 Unfair Dismissal Snooping on personal s Barbulescu v- Romania ECHR [2016] green light to employers to monitor? Article 8 privacy of communication work related Yahoo account justified monitoring specific facts give specific decision

11 Contracts When can you vary contract terms? Variation possible if contract authorises it - clearly Sparks and Ors v- Department for Transport HC [2015] Staff handbook terms part of contract Absence management Variation only if not detrimental

12 Contracts Norman v National Audit Office EAT [2015] terms subject to amendment to be notified to employees Hart v St Mary s School EAT [2015] subject to variation depending on requirements of the school timetable

13 Contracts Coles v- Ministry of Defence EAT [2015] Agency Workers Regulations 2010 obligation to notify temporary agency workers of any relevant posts equal status on consideration for post? Pimlico Plumbers Ltd, Mullins v Smith EAT [2016] self employed or employee - latest

14 Pay Benefits and Leave Working Time Directive and statutory holiday pay Lock and Ors v- British Gas Trading EAT [2016] results based commission included Patterson v- Castlereagh Borough Council NI COA [2015] voluntary overtime included limited effect

15 Pay Benefits and Leave Working Time Directive and statutory holiday pay Conley King v- Sash Window Workshop Ltd EAT [2015] unable to take stat leave as unpaid reasons beyond his control? Plumb v- Duncan Print Group Ltd EAT [2015] carry over within 18 months

16 Pay Benefits and Leave Law firm non-partner consultant? The Hospital Medical Group Limited v Westwood [2012] Dr Westwood self employed but integrated into the business worker under section 230 ERA 1996 entitled to statutory holiday pay

17 Discrimination - Gender Sex Discrimination Van Heeswyk v One Call Insurance Services Ltd absence from work parental leave Skeffington ( and M Genders) pregnant employee - pub landlord taunts Gender Pay Gap Reporting Regulations

18 Discrimination- Disability Disability - Obesity Kaltoft v Municipality of Billund ECJ [2015] obesity not protected characteristic if hinders full participation can be a disability Bickerstaff v Butcher Belfast IT [2016] obesity eligible for protection claim for harassment upheld

19 Discrimination - Disability Discrimination arising from Disability Land Registry v- Houghton and ors EAT [2015] bonus scheme Hall v-chief Constable of West Yorkshire Police EAT[2015] loose causal link with disability sufficient no comparator required

20 Discrimination- Disability Discrimination arising from Disability Pnaiser v NHS England + anor EAT [2015] negative reference Hainsworth v Ministry of Defence CoA [2015] no duty to make reasonable adjustments

21 Discrimination - Associative Associative discrimination extended Truman V Bibby Distribution ET direct discrimination Thompson v Central London Bus Company Ltd EAT[2015] victimisation Corporate bodies can pursue discrimination claim. EAD Solicitors LLP and Others v- Abrams

22 Discrimination Religion and Belief Begum v- Pedagogy AWS UK Ltd EAT [2015] no garments which were a tripping hazard allowed not discriminatory PCP re: jilbab Mbuyi v-newpark Childcare(Shepherd s Bush)Ltd ET[2015] negative views about colleague s homosexuality

23 Up and Coming Gender pay gap reporting Zero hours contracts National living wage End of childcare vouchers Grandparent shared leave Law Society Guidance: Working with transgender employees

24 Any Questions? Employment troubleshoot - with Alison Downie: 30 minute sessions Law Society Wednesday 20 th April 2016 Telecon Thursday 21 st April 2016 To book slot contact Trish McCarthy, PA on or at: tmccarthy@gdlaw.co.uk

25 Any Questions? Alison Downie Head of Employment and Discrimination Goodman Derrick LLP Tel: