Full list of modules and course information
Each module will last about two hours (about 60 to 90 minutes, and working through a workbook, followed by a Q&A session). All modules are recorded so you can learn at your own pace.Part One : The Basics
The Contract of Employment
Written Statement of Particulars
Implied Terms – Employer Duties
Other implied terms
Implied Terms – Employee Duties
The types of relationship
• employee
• worker
• independent contractor
Why does it matter?
How to determine employment status
The gig economy
Practical considerations
Part Two : Dismissal
Continuity of employment
National Minimum Wage
Unlawful deductions from wages
Itemised pay statements
Unfair v wrongful dismissal
Capability
- performance
- short-term absence
- long-term absence
- dismissal procedures
Qualifications
Acas Code of Practice: Disciplinary and Grievance Procedures
The Burchell test for misconduct
- honest belief
- reasonable grounds
- reasonable investigation
Appeal
Sanction
The Burchell case
The band of reasonable responses and the ‘vice of substitution'
Acas Code of Practice
Disciplinary rules
Gross misconduct
Warnings
Investigation
Disciplinary hearing
Appeals
Reasonableness of dismissal as a sanction
What is redundancy?
Redundancy and unfair dismissal
Individual consultation
Collective consultation
Time off work
Dismissal to achieve a change of terms and conditions
Part Three : Discrimination
Restrictions imposed by an enactment
Some other substantial reason
What is an automatically unfair dismissal?
Which dismissals are automatically unfair?
TUPE
Dismissals related to health and safety
What amounts to a protected disclosure?
Employment status: who can qualify for protection?
What amounts to a detriment?
When will a whistleblower be automatically unfairly dismissed?
Compensation for whistleblowing dismissal and detriment
Interim Relief
The meaning of “disability”
Associated with / arising from
Reasonable adjustments
Age
Employer Justified Retirement Age
Part Four : Additional Topics & Tribunal Claims
Definition of work
Annual leave
Rest breaks
National minimum wage
Equal pay
Itemised pay statements
The right to request flexible working
Age Discrimination
• justification
• retirement
Disability Discrimination
• definition of disability
• deemed disability
• enquiries about disability and health
• failure to make reasonable adjustments
• discrimination arising from disability
Calculating loss of earnings
- basic calculation
- mitigation
- contributory fault
- Polkey
Unfair Dismissal
- reinstatement and re-engagement
- basic award
- compensatory award
- interim relief for whistleblowing/trade union activities
Discrimination
- financial losses
- injury to feelings
- personal injury
- aggravated damages
s207A uplift
Grossing up
Interest
Health & Safety (in the context of maternity)
• compulsory maternity leave
• risk assessments
• time off for ante-natal care
Maternity leave
• ordinary and additional maternity leave
• rights associated with maternity leave
• statutory maternity pay
Other Types of Leave
• shared parental leave
• adoption leave
• paternity leave
• unpaid parental leave
• parental bereavement leave
• dependent leave
Working Time Regulations
• 48 hour week
• rest breaks
Annual leave and holiday pay
• when can holiday be taken?
• calculating holiday pay
• time limts
Flexible Working
Unfair Dismissal
- Reinstatement and Rengagement
- Basic Award
- Compensatory Award
- Recoupment
- Enforcement
- Penalties
- Other remedies
Discrimination
- Declarations and Recommendations
- Compensation
- Injury to Feelings
- Personal Injury
- Interest
- Taxation
Settlement
- Settlement Agreements
- Settlement through Acas
- Settlement via the tribunal
Time Limits
- Extension of Time: ‘not reasonably practicable’
- Other Time Limits
Acas Early Conciliation
The Employment Tribunal Rules
Starting the Claim
- The Claim Form
- Responding to the Claim
- Initial Sift
- Case Management
- Preliminary Hearings
- Amendments to the Claim or Response
- Strike Out and Deposit Orders
- Preparation for the Final Hearing
Final Hearing
- Costs
- Reconsideration and Appeals
- Judicial Mediation
- Judicial assessment
Part 1 : The Basics
Sources of contract terms
- written contract
- other documents eg offer letter, advert
- collective agreements
- implied terms – sources
- implied terms – trust and confidence (intro)
Written statement of particulars of employment
Continuity of employment
Employment status
- employees
- workers
- independent contractors
- gig economy workers
- agency workers
- part-time
- fixed term
Part 2 : Dismissal
Termination by:
- dismissal
- resignation
- non-renewal of fixed-term contracts
- mutual consent
- frustration
Constructive dismissal
- breach of express terms
- implied term of trust & confidence (detail)
Potentially fair reasons for dismissal:
- capability (intro)
- conduct (intro)
- redundancy (intro)
- statutory ban
- SOSR
Substantive v procedural
Unfair v wrongful
Capability
- performance
- short-term absence
- long-term absence
- dismissal procedures
Qualifications
Acas Code of Practice: Disciplinary and Grievance Procedures
The Burchell test for misconduct
- honest belief
- reasonable grounds
- reasonable investigation
Appeal
Sanction
What is redundancy?
Redundancy payments
- statutory
- enhanced by employer
Consultation
- individual
- collective
Unfair dismissal and redundancy
Dismissal to achieve change to terms of employment
Health & Safety
Whistleblowing
TUPE
Part 3 : Discrimination
Sources of discrimination law
The protected characteristics
Defining discrimination:
- direct (including associative and perceptive)
- indirect
- harassment
- victimisation
Positive action and positive discrimination
Employer and individual liability for discrimination
Sex
Marital status/civil partnership
Maternity/pregnancy
Sexual orientation
Gender reassignment
Race
Religion or belief
The meaning of “disability”
Associated with / arising from
Reasonable adjustments
Age
Employer Justified Retirement Age
Part 4 : Additional Topics & Tribunal Claims
Definition of work
Annual leave
Rest breaks
National minimum wage
Equal pay
Itemised pay statements
The right to request flexible working
Discrimination on grounds of pregnancy
Health and safety of pregnant workers
Time off for antenatal care
Unfair dismissal and redundancy during pregnancy or maternity leave
The right to maternity leave and maternity pay
Other types of leave:
- paternity leave
- adoption leave
- parental leave
- time off for dependants
Likely forthcoming changes to family rights
Calculating loss of earnings
- basic calculation
- mitigation
- contributory fault
- Polkey
Unfair Dismissal
- reinstatement and re-engagement
- basic award
- compensatory award
- interim relief for whistleblowing/trade union activities
Discrimination
- financial losses
- injury to feelings
- personal injury
- aggravated damages
s207A uplift
Grossing up
Interest
Time limits
Acas Early Conciliation
The ET1
The ET3
Preliminary Hearings
Disclosure
Witness statements
Bundles
Judicial mediation
The hearing
Appeals