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…
- How equal pay between men and women is not covered under sex discrimination (and where is it handled by the law).
- Occupational situations where sex discrimination is not applicable.
- Special rules on sex harassment
- What happens if an employee rejects or submits to sexual advances
- Can employers insist on different dress codes for men and women?
- Examples of unfavourable treatment of pregnant women
- The simple clause every contract of employment should contain to protect the right of both sexes to receive the same remuneration.
- The three ways a claimant can show they are engaged in equal work for an equal pay claim.
- What the ‘material factor’ defence is and how an employer can use it to defend against an equal pay claim.
- Why ‘gagging’ clauses don’t prevent a person from making or seeking a ‘relevant pay disclosure’ in an equal pay claim.
- And much, much more…
- Why age and disability discrimination require separate treatment in the eyes of the law.
- How age discrimination is defined and the important factor that must be identified for discrimination to have occured.
- The sneaky trick indirect discrimination claimants can use to find the most favourab’le statistics for their particular age.
- What to do to ensure a potential act of age discrimination won’t be considered unlawful - and how to do it (though it’s not easy).
- What an employer needs to do to be able to define retirement ages for their employees.
- The two legitimate objectives an employer can demonstrate to justify age discrimination in the context of retirement.
- Why employers should avoid compulsory retirement ages wherever possible.
- The Acas recommendation to all employers to help avoid the risk of treating older employees differently.
- What the law says about service length-related benefits.
- The flexibility the Equality Act 2010 allows employers to enhance statutory redundancy benefits without offending the age discrimination provisions.
- 4 other exemptions to the age discrimination provisions.
- Why disability discrimination requires a completely different approach from that for the other protected characteristics.
- How the Equality Act 2010 defines disability and what medical conditions side-step the definition.
- The physical and mental conditions excluded from the ambit of disability.
- How the law defines ‘normal day-to-day activities’ when assessing the impact of a disability.
- The difference between a disability and an impairment (includes a list of recognised impairments).
- What employers explicitly CAN’T do or ask for when interviewing job candidates (including the five exceptions).
- The definition of reasonable adjustments and when an employer has a duty to make them (including how that duty is triggered).
- What positive steps employers should take under their duty to make reasonable adjustments.
- How discrimination arising from disability is defined.
- And much, much more…
- How the Equality Act 2010 provides protection against gender reassignment discrimination.
- How certain employers can apply a requirement for an employee ‘not to be a transsexual person’.
- Marriage and civil partnership discrimination claims and why they are difficult to succeed in.
- Racial discrimination, including the Government’s plans for caste discrimination.
- The criteria required for a group to be identified as an ‘ethnic group’.
- How the Government legislates for religion and belief discrimination.
- Why Luke Skywalker would not be protected under the Equality Act 2010.
- The five characteristics the courts will use to identify whether a position someone takes qualifies as a ‘belief’.
- Issues of religion and belief and the European Convention on Human Rights.
- What happens when there are conflicts between protected characteristics.
- Sexual orientation discrimination.
- The two areas where discrimination is unlawful but which are not derived from the Equality Act 2010.
- And much, much more…
- Why maternity and family friendly rights is such a complex legal issue and how each case should be handled.
- How to address the issue of health and safety in the context of maternity.
- When an employer is entitled to request a certificate confirming pregnancy when giving time off for ante-natal care and when they are not.
- Agency worker rights for taking time off for ante-natal appointments.
- The two components of maternity leave and how to work out when each one commences.
- The three rights automatically acquired by women who take maternity leave.
- Statutory maternity pay - who qualifies, who’s entitled and the impact of ‘keeping in touch days’.
- How a mother can split her maternity leave and share it with her partner and how they qualify for entitlement.
- How employees qualify for adoption leave and what happens if something goes wrong.
- The ins and outs of establishing entitlement for the rights for paternity leave.
- How and why unpaid parental leave is very different from ‘shared parental leave’.
- Who is entitled to parental bereavement leave.
- How the law addresses time off to look after dependents.
- And much, much more…
Part 4 – Working Time, Remedies and Tribunal Claims
- Who the Working Time Regulations 1998 apply to.
- The maximum 48-hour week and how average hours are calculated.
- What counts as working time and how any exemptions apply.
- How the legislation addresses rest breaks, rest periods and weekends.
- Annual leave and holiday pay - entitlements, the leave year, when holiday can be taken and carrying leave over.
- How holiday pay is calculated.
- The only time that payment can be made in lieu of holiday and why rolling up holiday pay is not allowed.
- The time limit for holiday pay claims.
- The four ways the rights under the Working Time Regulations 1998 can be enforced.
- Flexible working - eligibility and what an employer must do on receiving a request.
- The action an employee may take if an employer refuses to grant a request for flexible working.
- And much, much more…
- The three remedies tribunals have for unfair dismissal.
- The five factors that will influence whether a tribunal decides to grant reinstatement or re-engagement.
- How compensation for unfair dismissal is calculated.
- What tribunals consider when assessing the effect of any contributory conduct and other grounds for reducing the basic compensation award.
- The five situations that will trigger a minimum basic award for unfair dismissal.
- How compensatory awards are calculated and the three cases where the statutory cap does not apply.
- The sequence of eight steps to take to correctly calculate when award deductions should be applied.
- Recoupment and how it works in compensatory award calculations.
- How employment tribunal awards can be enforced and how additional penalties can be imposed.
- Discrimination - the four broad categories of compensation and who awards can be made against.
- Injury to feelings -the factors used to calculate levels of award.
- When tribunals will and won’t award Aggravated damages.
- How interest is calculated
- How to factor in tax liabilities to an employment tribunal settlement/award, with worked examples.
- And much, much more…
- The only three occasions parties in dispute can settle a case where an employee’s rights are contracted out of, disapplied, or compromised.
- The seven features of an effective settlement agreement.
- The two key functions Acas has in settling individual disputes.
- The two common methods of formalising a settlement made in a tribunal.
- Time limits for bringing a claim and how to calculate them for unfair dismissal and discrimination claims.
- How a tribunal can use its discretion to extend a time limit for a claim.
- Why a claimant CAN’T blame poor advice to apply for a time extension.
- How Acas Early Conciliation affects time limits, with worked examples.
- And much, much more…
- The guiding principles a tribunal follows to ensure cases are dealt with fairly and justly.
- How a claimant starts a claim.
- What needs to have occurred in almost all cases before a claim form is presented.
- Three reasons why a judge may reject a claim submitted to the tribunal office.
- The minimum response a named respondent must provide to the tribunal and when that should be submitted by.
- What happens if no response has been presented by the respondent.
- How a tribunal judge initially processes a submitted claim and any valid responses from respondents.
- The three different tracks a case may follow after the judges initial sift.
- The five things a tribunal may do at a preliminary hearing.
- How a claim or a response to a claim can be amended.
- What “striking out” a case means and how it can be triggered.
- How to prepare for a final tribunal hearing including disclosure, bundles, witness statements, witness orders and schedule of loss.
- How a judge ensures irrelevant matters are avoided at a final hearing.
- The composition of a tribunal.
- The procedure to expect for the conduct of a final hearing.
- How the order of presenting the case (claimant or respondent) is determined.
- When to expect a decision from the tribunal and what form it takes.
- How a tribunal will decide whether to make a costs order as part of its decision.
- The two ways an unhappy party can challenge a tribunal decision.
- The difference between judicial mediation and judicial assessment and how they work in tribunal cases.
- And much, much more…
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…
- How equal pay between men and women is not covered under sex discrimination (and where is it handled by the law).
- Occupational situations where sex discrimination is not applicable.
- Special rules on sex harassment
- What happens if an employee rejects or submits to sexual advances
- Can employers insist on different dress codes for men and women?
- Examples of unfavourable treatment of pregnant women
- The simple clause every contract of employment should contain to protect the right of both sexes to receive the same remuneration.
- The three ways a claimant can show they are engaged in equal work for an equal pay claim.
- What the ‘material factor’ defence is and how an employer can use it to defend against an equal pay claim.
- Why ‘gagging’ clauses don’t prevent a person from making or seeking a ‘relevant pay disclosure’ in an equal pay claim.
- And much, much more…
- Why age and disability discrimination require separate treatment in the eyes of the law.
- How age discrimination is defined and the important factor that must be identified for discrimination to have occured.
- The sneaky trick indirect discrimination claimants can use to find the most favourab’le statistics for their particular age.
- What to do to ensure a potential act of age discrimination won’t be considered unlawful - and how to do it (though it’s not easy).
- What an employer needs to do to be able to define retirement ages for their employees.
- The two legitimate objectives an employer can demonstrate to justify age discrimination in the context of retirement.
- Why employers should avoid compulsory retirement ages wherever possible.
- The Acas recommendation to all employers to help avoid the risk of treating older employees differently.
- What the law says about service length-related benefits.
- The flexibility the Equality Act 2010 allows employers to enhance statutory redundancy benefits without offending the age discrimination provisions.
- 4 other exemptions to the age discrimination provisions.
- Why disability discrimination requires a completely different approach from that for the other protected characteristics.
- How the Equality Act 2010 defines disability and what medical conditions side-step the definition.
- The physical and mental conditions excluded from the ambit of disability.
- How the law defines ‘normal day-to-day activities’ when assessing the impact of a disability.
- The difference between a disability and an impairment (includes a list of recognised impairments).
- What employers explicitly CAN’T do or ask for when interviewing job candidates (including the five exceptions).
- The definition of reasonable adjustments and when an employer has a duty to make them (including how that duty is triggered).
- What positive steps employers should take under their duty to make reasonable adjustments.
- How discrimination arising from disability is defined.
- And much, much more…
- How the Equality Act 2010 provides protection against gender reassignment discrimination.
- How certain employers can apply a requirement for an employee ‘not to be a transsexual person’.
- Marriage and civil partnership discrimination claims and why they are difficult to succeed in.
- Racial discrimination, including the Government’s plans for caste discrimination.
- The criteria required for a group to be identified as an ‘ethnic group’.
- How the Government legislates for religion and belief discrimination.
- Why Luke Skywalker would not be protected under the Equality Act 2010.
- The five characteristics the courts will use to identify whether a position someone takes qualifies as a ‘belief’.
- Issues of religion and belief and the European Convention on Human Rights.
- What happens when there are conflicts between protected characteristics.
- Sexual orientation discrimination.
- The two areas where discrimination is unlawful but which are not derived from the Equality Act 2010.
- And much, much more…
- Why maternity and family friendly rights is such a complex legal issue and how each case should be handled.
- How to address the issue of health and safety in the context of maternity.
- When an employer is entitled to request a certificate confirming pregnancy when giving time off for ante-natal care and when they are not.
- Agency worker rights for taking time off for ante-natal appointments.
- The two components of maternity leave and how to work out when each one commences.
- The three rights automatically acquired by women who take maternity leave.
- Statutory maternity pay - who qualifies, who’s entitled and the impact of ‘keeping in touch days’.
- How a mother can split her maternity leave and share it with her partner and how they qualify for entitlement.
- How employees qualify for adoption leave and what happens if something goes wrong.
- The ins and outs of establishing entitlement for the rights for paternity leave.
- How and why unpaid parental leave is very different from ‘shared parental leave’.
- Who is entitled to parental bereavement leave.
- How the law addresses time off to look after dependents.
- And much, much more…
Part 4 – Working Time, Remedies and Tribunal Claims
- Who the Working Time Regulations 1998 apply to.
- The maximum 48-hour week and how average hours are calculated.
- What counts as working time and how any exemptions apply.
- How the legislation addresses rest breaks, rest periods and weekends.
- Annual leave and holiday pay - entitlements, the leave year, when holiday can be taken and carrying leave over.
- How holiday pay is calculated.
- The only time that payment can be made in lieu of holiday and why rolling up holiday pay is not allowed.
- The time limit for holiday pay claims.
- The four ways the rights under the Working Time Regulations 1998 can be enforced.
- Flexible working - eligibility and what an employer must do on receiving a request.
- The action an employee may take if an employer refuses to grant a request for flexible working.
- And much, much more…
- The three remedies tribunals have for unfair dismissal.
- The five factors that will influence whether a tribunal decides to grant reinstatement or re-engagement.
- How compensation for unfair dismissal is calculated.
- What tribunals consider when assessing the effect of any contributory conduct and other grounds for reducing the basic compensation award.
- The five situations that will trigger a minimum basic award for unfair dismissal.
- How compensatory awards are calculated and the three cases where the statutory cap does not apply.
- The sequence of eight steps to take to correctly calculate when award deductions should be applied.
- Recoupment and how it works in compensatory award calculations.
- How employment tribunal awards can be enforced and how additional penalties can be imposed.
- Discrimination - the four broad categories of compensation and who awards can be made against.
- Injury to feelings -the factors used to calculate levels of award.
- When tribunals will and won’t award Aggravated damages.
- How interest is calculated
- How to factor in tax liabilities to an employment tribunal settlement/award, with worked examples.
- And much, much more…
- The only three occasions parties in dispute can settle a case where an employee’s rights are contracted out of, disapplied, or compromised.
- The seven features of an effective settlement agreement.
- The two key functions Acas has in settling individual disputes.
- The two common methods of formalising a settlement made in a tribunal.
- Time limits for bringing a claim and how to calculate them for unfair dismissal and discrimination claims.
- How a tribunal can use its discretion to extend a time limit for a claim.
- Why a claimant CAN’T blame poor advice to apply for a time extension.
- How Acas Early Conciliation affects time limits, with worked examples.
- And much, much more…
- The guiding principles a tribunal follows to ensure cases are dealt with fairly and justly.
- How a claimant starts a claim.
- What needs to have occurred in almost all cases before a claim form is presented.
- Three reasons why a judge may reject a claim submitted to the tribunal office.
- The minimum response a named respondent must provide to the tribunal and when that should be submitted by.
- What happens if no response has been presented by the respondent.
- How a tribunal judge initially processes a submitted claim and any valid responses from respondents.
- The three different tracks a case may follow after the judges initial sift.
- The five things a tribunal may do at a preliminary hearing.
- How a claim or a response to a claim can be amended.
- What “striking out” a case means and how it can be triggered.
- How to prepare for a final tribunal hearing including disclosure, bundles, witness statements, witness orders and schedule of loss.
- How a judge ensures irrelevant matters are avoided at a final hearing.
- The composition of a tribunal.
- The procedure to expect for the conduct of a final hearing.
- How the order of presenting the case (claimant or respondent) is determined.
- When to expect a decision from the tribunal and what form it takes.
- How a tribunal will decide whether to make a costs order as part of its decision.
- The two ways an unhappy party can challenge a tribunal decision.
- The difference between judicial mediation and judicial assessment and how they work in tribunal cases.
- And much, much more…