Employment Law Update 2024

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KEY SUBJECTS

• DISCRIMINATION LAW UPDATE
• TERMINATION OF EMPLOYMENT 2024 – LATEST DEVELOPMENTS
• ANONYMITY, CONFIDENTIALITY AND DUE PROCESS: HOW TO NAVIGATE INTERNAL PROCESSES WHEN THE COMPLAINANTS DON’T WANT THEIR IDENTITY REVEALED
• EMPLOYEE & WORKER STATUS – NAVIGATING THE FRINGES
• INTERNAL INVESTIGATIONS: TRAPS AND ESSENTIAL TIPS

SPEAKERS

Sean Jones KC, 11 KBW

Professor Dominic Regan, The City Law School, London

Paul Jennings, Partner, Bates Wells Solicitors

Stuart Brittenden KC, Old Square Chamber

PROGRAMME

9.30am 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.

• What does a Labour Government mean for Discrimination Law?
• Culture Wars in the workplace: Omooba and other recent cases on the protection of religious and other beliefs
• Justice, equity and time limits: Holbrook v Cosgrove and Jones v Secretary of State for Health and Social Care
• What is a woman? For Women Scotland Ltd v the Scottish Ministers
• A run down of all the most significant developments in discrimination law in 2024

Sean Jones KC, 11 KBW

TERMINATION OF EMPLOYMENT 2024 – LATEST DEVELOPMENTS

There are a variety of ways in which a contract of employment can come to an end. In this talk Dominic Regan will review all of the possibilities, taking account of recent decisions and developments.

• When is a resignation not a resignation?
• Frustration of the contract
• The impact of an appeal against dismissal
• Constructive dismissal
• When is a dismissal not a dismissal
• Hogg v Dover College back again.

Professor Dominic Regan, The City Law School, London

ANONYMITY, CONFIDENTIALITY AND DUE PROCESS: HOW TO NAVIGATE INTERNAL PROCESSES WHEN THE COMPLAINANTS DON’T WANT THEIR IDENTITY REVEALED

Often, the most serious workplace issues surface anonymously, or with a request for confidentiality. This session will explore:

• The different considerations that apply in relation to anonymity and confidentiality
• Recent high profile examples and case law
• The duties an employer owes to participants and those affected
• The common pitfalls
• Practical guidance

Paul Jennings, Partner, Bates Wells Solicitors

EMPLOYEE & WORKER STATUS – NAVIGATING THE FRINGES

An examination of recent case law and developments including:

• The residual differences between “limb (a)” and “limb (b)”
• Referees: Commissioners for His Majesty’s Revenue and Customs v Professional Game Match Officials Ltd (SC)(pending)
• Volunteers: Groom v Maritime Coastguard Agency [2024] EAT 71
• Agency workers: Ryanair DAC v Lutz [2024] IRLR 299
• “Multi-apping” in the gig economy
• The future?

Stuart Brittenden KC, Old Square Chamber

INTERNAL INVESTIGATIONS: TRAPS AND ESSENTIAL TIPS

Workplace investigations (relating to grievances, disciplinary processes, whistleblowing and workplace culture) remain a prominent feature. This session will explore a number of recent authorities dealing with investigations, including:

• The requirements for a fair investigative process
• The outer limits of the role of the investigator
• Scoping/terms of reference
• Defects in the investigative process and the ability to ‘cure’ defects in the process
• Privilege and disclosure
• Covert recording and surveillance
• DSARs
• Opportunities in the context of litigation

Paul Jennings, Partner, Bates Wells Solicitors

5.00 pm CLOSE OF PROCEEDINGS