The Virtual Employment Law Academy Syllabus

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 1 - An Introduction To Employment Law

What can be contractually binding and what can’t.
What you should know about job advertisements and employment contracts to save you from falling foul of potential litigation.
The most important phrase to start any job description to protect you against potential breach of contract claims.
What legally must be captured in writing for employees when they begin a new contract.
How to carefully word terms and conditions to give employers the greatest flexibility in tasking newly contracted employees.
Documents that must be provided to new employees within two months of starting employment…and what happens when you don’t issue them.
What you need to know about collective agreements and individual employment contracts.
The important relationship between terms set out in staff handbooks and an employment contract.
Navigating the murky waters of implied contractual terms.
When a breakdown in mutual trust and confidence will be a breach of contract.
The five implied terms an employer is bound by in any employment contract.
The three duties every employee must perform regardless of whether they are in the contract or not.
And much, much more…

The biggest misunderstanding employers have over the working status of individuals in their business…this is why the Supreme Court labelled one company’s contractual terms as a “sham” .
The five reasons why employment status matters.
Exactly how to define whether someone is an employee, a worker or an independent contractor.
How a worker is different from an employee and why it is important to clearly make this distinction.
The two most likely occasions when working reality “trumps” a written contract.
The three common tests the courts use to determine the working status of an individual and how they are applied (and why one of them is not foolproof!)
How the tight definition of “personal service” affects employment status.
Understand why individuals working on zero-hour contracts will not normally be considered employees.
How the gig economy has affected worker status and what you need to know about it.
The nine useful indicators to help assess whether someone is self-employed, a worker or an employee.
The seven giveaways that point to an individual having employee or worker status.
Eight things to look for to confirm self-employed status.
And much, much more…

The three possible ways an employment termination date may be calculated for an employee who’s been dismissed.
Discover the minimum length of time a break in employment needs to be for it to be considered a break in employment.
The three unique circumstances where time away from work doesn’t count towards continuity of employment but ISN’T a break in employment.
Three other circumstances where time away from work still accrues continuity of employment.
The single biggest reason for an employer why understanding the complexities of continuity is so important.
Who is entitled to the National Minimum Wage and which two types of workers are excluded.
The records every employer is legally required to keep and every employee has a right to inspect even if they no longer work for the employer.
The five payments that employers are NOT allowed to offset against the National Minimum Wage.
The four main occasions when an employer can legally make deductions from an employee's wages.
When an employee needs to give written consent for deductions from their wages (it’s not when you might think).
The seven payment types that fall under the definition of wages.
The five payment types expressly excluded from the definition of wages.
What an employment tribunal may decide if an employer fails to provide itemised pay statements.
The differences between unfair and wrongful dismissal and why one has a much lower tribunal compensation cap than the other.
And much, much more…

Part 2 - Dismissal

The complications of language ambiguity - “was I just dismissed or not?”
The main factor employment tribunals consider in dismissal cases where ambiguity exists.
When a four letter expletive constitutes a dismissal and when it does not!
When an employee’s utterance of “I resign” constitutes a resignation and when it does not.
How the law views the end of a limited-term contract - this may surprise you.
Why employment tribunals frown on termination by mutual consent and what must be done instead.
When a deceased employee’s estate can pursue claims for unfair dismissal, breach of contract or discrimination after their death.
What happens when a company (employer) becomes insolvent and how it affects their employees.
What some employers get very wrong about employee retirement.
The three elements that have to be present for constructive dismissal.
What can and can’t be the last straw for an employee in a constructive dismissal case
The two options an employee has when faced with an employer’s repudiatory breach of contract and what they mean in the eyes of the law.
Who qualifies for unfair dismissal claims.
The seven most common situations in which an employee can claim unfair dismissal even if they HAVEN’T been continuously employed for two years.
The three categories of employee working outside of Great Britain who fall under the jurisdiction of a UK employment tribunal.
The five potential reasons an employee can cite an employee’s dismissal as potentially “fair”.
The reasonableness test every employment tribunal uses to assess whether a dismissal is fair or unfair.
And much, much more…

Why there are so few employment tribunal cases dealing with the lack of qualifications as a reason for dismissal.
The two types of capability dismissal and how they are treated differently by employment tribunals.
The difficulties of assessing an employee’s competence and how to justify an assessment of poor performance.
Why it is important to call out employee poor performance early and what happens if employers DON’T!
How tribunals apply the Acas code when assessing the reasonableness of an employee’s dismissal.
What the law says about the quality and timing of warnings given to under-performing employees.
The one thing every employee must be offered when given a performance warning to prevent falling foul of a tribunal if an unfair dismissal case is later brought.
The six things to put in writing when notifying an employee of a formal meeting to discuss a failure to improve performance.
The key question every tribunal has when dealing with ill-health dismissal cases.
The three additional questions an employment tribunal will consider before deciding whether discrimination on the grounds of ill-health was fair.
The two things an employer must do when an employee is off on long term sickness before they consider dismissal.
Why the onus on getting medical information is on the employer and not the employee in cases of long term ill health.
An employer’s obligations for offering alternative employment if an employee is unable to continue in their present role due to ill-health.
What to do if an employee has repeated short-term absences due to ill-health.
And much, much more…

The three part test employment tribunals have used for over 40 years to decide whether an employee’s dismissal for misconduct was fair.
The five step process every employer must follow before dismissing an employee for misconduct.
How an employer’s disciplinary rules and procedures should be put together and why an exhaustive list of what constitutes misconduct is NOT required.
When an error of judgement might be misconduct, and when it might not.
The difference between misconduct and gross misconduct and why it is important to know.
What the law says about the correct use of warnings in potential cases of misconduct.
The six considerations an employment tribunal will make when assessing the effect of warnings on the fairness of a conduct dismissal.
Why the law on expired warnings is in a bit of a mess and what to do instead.
The 10 point checklist of what to look for when you appoint an investigator for a misconduct investigation.
The important balance HR must adopt in cases of misconduct and what happens when that goes wrong.
Five important considerations an employer must take into account when deciding how thorough an investigation to carry out.
What to do if a relevant witness in an investigation will only provide evidence anonymously.
The Investigation Report - what it must contain and what it absolutely must AVOID doing.
How to conduct an effective disciplinary hearing without running the risk of rendering a dismissal unfair.
The right of an employee to appeal a disciplinary sanction and how an employer should manage it.
Five things a disciplinary manager (or panel) must factor into their deliberations.
When disparity in treatment for employees guilty of the same misconduct may be the right course of action.
And much, much more…

How the Employment Rights Act 1996 defines redundancy.
When a business reorganisation falls within the technical definition of redundancy.
Who qualifies for redundancy pay and how it is calculated.
The two circumstances employees lose the right to claim a redundancy payment.
The one thing every employer must provide to employees who accept alternative employment.
What an employment tribunal will look for if an employee claims their redundancy constitutes unfair dismissal.
Four methods of attacking the fairness of a redundancy dismissal that employers need to look out for.
Which four of the automatic unfair reasons for redundancy are considered the most important.
Five core factors that need to be in place before an employer can be regarded as having acted fairly.
Why the Acas Code of Practice on Disciplinary and Grievance Procedures does NOT apply to redundancy dismissals.
The importance of employers conducting individual consultation as part of a fair redundancy process and how they should do it.
What to look out for when choosing the pool of employees for redundancy selection.
Why ‘bumping’ an employee during redundancy may be legal, but only if you do it the right way.
The right way to go about identifying your redundancy selection criteria.
How age discrimination during a redundancy process may be legally justified.
The pros and cons of using a matrix method to assign scores during a redundancy selection process and whether you should share those scores with employees.
The do’s and don’ts of offering suitable alternative employment.
What the law says about an employer’s obligation to provide an appeal against a redundancy decision.
Adjustments employers must make to not put employees on maternity, parental or adoption leave at a disadvantage during redundancy selection.
What statutory obligations an employer has to carry out collective consultation during a redundancy process.
Why it is important to know what comprises an “establishment” when redundancies are being made.
Collective consultations - who the employer should consult with, how long they should consult with them for and what the consultation should consist of.
How an employer can avoid the penalty of paying up to 90 days’ pay to all employees during a redundancy process.
How a change to terms and conditions may be a viable alternative to making employees redundant.
And much, much more…

The mop up provision used by employment tribunals for potentially fair dismissals that fall outside the big four (includes seven examples).
Why automatically unfair dismissal is a Day One right.
The 14 most important dismissal categories that are automatically unfair.
How TUPE protects employees against a dismissal related to a TUPE transfer.
The two types of relevant transfer to which TUPE applies.
Explained - important terminology associated with both types of TUPE transfer.
The six point checklist to establish whether a business has retained its identity following a TUPE transfer.
Three different ways TUPE is engaged in a service provision change.
What happens to an employee’s contract when there is a TUPE transfer.
Why a TUPE transfer can’t be the sole or principal reason for a dismissal.
Where the burden of proof lies in an employment tribunal dealing with an unfair dismissal case regarding a TUPE transfer.
How to interpret what constitutes an economic, technical or organisational reason for changes in the workforce.
What constitutes a “change in the workforce”.
Unpacking who carries the can for an unfair dismissal claim following a TUPE transfer.
How to understand TUPE and constructive dismissal.
Which two of the health and safety reasons for automatic dismissal you should be concerned with and why.
And much, much more…

The five requirements for a disclosure to be a ‘qualifying disclosure’.
What employment status is required to qualify for protection as a whistleblower.
Other categories of individuals who are protected by whistleblowing legislation.
What amounts to whistleblowing detriment.
Who a worker can bring a claim for detriment against.
When a whistleblower is automatically unfairly dismissed.
Why unfair dismissal for whistleblowing is a Day One right.
Where the burden of proof lies in a whistleblowing employment tribunal.
What compensation a whistleblower can claim in respect of detriments and unfair dismissal.
How whistleblowing unfair dismissal compensation differs from ordinary unfair dismissal compensation.
The four things a successful whistleblowing Claimant can recover.
The interim relief that may be available to a whistleblower.
And much, much more…

Part 3 - Discrimination

The nine protected characteristics.
The six different types of discriminatory treatment outlined in the Equality Act 2010
Seven circumstances, as defined by the Equality Act 2010, in which an employer can be liable if they discriminate.
Who can bring a discrimination claim against an employer.
What direct discrimination is and how it is defined.
The ‘bastard defence’ - what it is and why an employer might argue it in a discrimination case.
What a comparator is, why it is critical to select the right one and the only three times you don’t need one.
The simple two word phrase that helps prove less favourable treatment to be discriminatory.
Why someone who doesn’t have a protected characteristic can still be discriminated against because of it.
Indirect discrimination - what it is and how it differs from direct discrimination.
Provision, criterion or practice (PCP) explained.
How indirect discrimination uses group based comparison.
The role of statistics in group based comparison for indirect discrimination cases.
The extra step an indirect discrimination claimant needs to make when making a case.
What an employer faced with a claim of indirect discrimination needs to demonstrate to justify it.
An understanding of what constitutes harassment and how it applies to some but not all of the protected characteristics.
Unwanted conduct - clarity on what is meant by ‘conduct’ and ‘unwanted’.
Why ‘banter’ is usually no defence for unwanted conduct.
How harassment can still occur if someone is perceived to have a protected characteristic or is just associated with someone who does.
What a claimant needs to show an alleged harasser has done to prove they’ve been discriminated against.
How the Equality Act 2010 protects claimants against victimisation for bringing their claim.
Detriments and victimisation - the law explained.
Where the burden of proof lies in discrimination cases and why it is often refered to as the ‘reverse burden of proof’.
Defences and exemptions for cases of indirect discrimination.
The liability of employers in discrimination cases - the two conditions that make the employer liable for the actions of the employee.
How an employer can use the ‘all reasonable steps’ defence to protect themselves against the actions of an employee.
And much, much more…

VELA

VELA

The Virtual Employment Law Academy Syllabus

Part 1 - An Introduction To Employment Law

Part 2 - Dismissal

Part 3 - Discrimination