- Intermediate * 6 hours CPD
1.Employment Status
- Looking at the definition of employment status as compared to that of worker. Also the recent case law on agency workers will be discussed in relation to when it will be appropriate to imply an employment relationship with the end user.
2.The Without Prejudice rule
- The ruling of Framlington Group v Barnetson will be looked at as compared to older case law on this issue.
3.Illegal Contracts
- The recent case of Enfield Technical Services v Payne will be looked at and the test applied by that case will be analysed
4.Fiduciary Duties and Senior Employees
- The case of Foster Bryant v Bryant will be looked as to its implications for senior employees as well as Directors
5.Covenants
- Whether a covenant is reasonable will be assessed in the light of the ruling in Thomas v Farr plc
6.Maternity leave and Risk Assessments
- This section will look at the maternity leave regulations and the duty to undertake risk assessments and what this obligation means to employers.
7.Paid Annual Leave
- This subject will look at the appropriate payment of annual leave together with the ruling of the Advocate General in the case of Stringer v H M Revenue and Customs published on the 24 January 2008 Case C-520 in respect of accrual of annual leave during long term sick leave
8.Burden of Proof and Comparators in Discrimination
9.Victimisation claims
- In the light of the ruling in St Helens Metropolitan Borough Council v Derbyshire [2007] IRLR 540 HL
10.Practice and Procedure Issues
- This will look at extension of time issues as well as strike outs and deposits. Costs will also be covered in brief
10A.TUPE
- It would be wrong not to cover this and a brief outline will be given on the new cases on service provision changes, insolvency, contractual changes as a result of a relevant transfer
10B.Hot off the Press – the news on the demise of the statutory dismissal and grievance procedure and is it back to the good old days?