Employment Law Update 2023

KEY SUBJECTS

• DISCRIMINATION LAW UPDATE
• UNFAIR AND WRONGFUL DISMISSAL – THE LATEST
• WORKING TIME, THE NATIONAL MINIMUM WAGE AND TUPE: THE LATEST DEVELOPMENTS
• INVESTIGATIONS: PRIVILEGE AND CONFIDENTIALITY
• EMPLOYMENT STATUS – AN ESSENTIAL GUIDE TO THE RECENT CASE LAW
• FLEXIBLE WORKING – THE RISKS AND OPPORTUNITIES

SPEAKERS

Betsan Criddle KC, Old Square Chambers

Professor Dominic Regan, The City Law School, London

Paul Jennings, Partner, Bates Wells Solicitors

CONFERENCE PROGRAMME

09.30am CHAIRMAN’S INTRODUCTION

DISCRIMINATION LAW UPDATE

This session will look at the key developments in the field of discrimination law over the past 12 months, focussing on the decisions of practical importance when advising clients.

• Direct discrimination: intrinsically less favourable treatment
• Indirect discrimination: who is in the pool for comparison?
• Disability: the role of belief about health in assessing disability status and knowledge of disability
• Disability discrimination: is the treatment connected to disability?
• Age discrimination and redundancy

Betsan Criddle KC, Old Square Chambers

UNFAIR AND WRONGFUL DISMISSAL – THE LATEST

The termination of employment generates so many problems. This update will consider recent developments including:

• The application of TUPE
• The consequences of a successful appeal after MARANGAKIS V ICELAND -another Covid appeal
• Tribunal bias
• Will fire and rehire be made unlawful?
• The dishonest CV

Professor Dominic Regan, The City Law School, London

WORKING TIME, THE NATIONAL MINIMUM WAGE AND TUPE: THE LATEST DEVELOPMENTS

This session will look at the changes of the last year – and the prospective changes looming on the horizon post Brexit.

• The Employment (Allocation of Tips) Act 2023
• Entitlement to national minimum wage for term time workers
• Calculating pay in lieu of untaken holiday on termination of employment: how (not) to do it
• Government consultation on changes to the Working Time Regulations 1998: what to look out for
• Entitlement to non-contractual benefits post transfer

Betsan Criddle KC, Old Square Chambers

INVESTIGATIONS: PRIVILEGE AND CONFIDENTIALITY

Organisations conduct investigations for a variety of reasons. An investigation may be triggered by a disciplinary or grievance process, a serious complaint, legal action or regulatory concerns.

Investigations are a necessary part of running a healthy and effective organisation. Nevertheless, whilst an investigative process may be both laudable and essential, it can create unforeseen risk.

This session will consider:

• The typical structure of an investigation
• The significance and practical implications of confidentiality
• The impact and scope of privilege (and when privilege may be waived)
• The rights of participants (and others) to obtain investigation material
• Risks, opportunities and practical tips

Paul Jennings, Partner, Bates Wells Solicitors

EMPLOYMENT STATUS – AN ESSENTIAL GUIDE TO THE RECENT CASE LAW

Those who thought that UBER had ended arguments about status can think again. Indeed, at the time of writing some claims against that company remain to be heard. This talk will look at:

• FBU V EMBERY (2023) and the Rule against multiple employers
• The latest thinking on determining whether an individual is a worker
• The position of company directors
• Vicarious liability in the Supreme Court again 2023

Professor Dominic Regan, The City Law School, London

FLEXIBLE WORKING – THE RISKS AND OPPORTUNITIES

The pandemic triggered a fundamental shift in how many businesses approach remote working arrangements and, across all sectors, there has been a significant increase in employees’ expectations to work flexibly. This session will look at:

• The statutory framework
• Where the statutory right began, how it has developed over time and what the future direction of travel may be, particularly in a post-Covid context
• The benefits and opportunities
• The potential risks associated with flexible working requests
• The claims employees may bring if they aren’t happy with the process followed or the decision reached
• High-risk situations and in particular cases which involve potential indirect discrimination

Paul Jennings, Partner, Bates Wells Solicitors

5.00pm CLOSE OF PROCEEDINGS