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Employment Law Update 2018

This course will focus on the last 12 months, with notes on relevant cases from the last 2 years.

The course will cover the most important changes to all aspects of employment law, including:

  • A legislative update
  • Update on practice and procedure in the Employment Tribunal
  • Employment status, contracts of employment, unfair dismissal and redundancy
  • National minimum wage and working time
  • Discrimination and claims under the Equality Act 2010
  • TUPE, including a full examination of business transfers and service provision changes

In respect of legislation, the course provides detail on the Gender Pay Gap Regulations and the effect of what might replace the ET Fees Order following R (UNISON) v Lord Chancellor in the Supreme Court and the impact of Brexit.

There have been a host of interesting and important recent cases in Supreme Court, the Court of Appeal and the EAT, as well as some seismic first instance decisions.  The course will consider:

  • The worker/employee/self-employed status in the gig economy – has the tide turned against ‘platform providers’? There will be in-depth consideration of Aslam & Farrar v Uber, Dewhurst v City Sprint & Pimlico Plumbers Ltd v Smith
  • Can the ET interpret an employment contract in an unlawful deduction from pay claim, as considered in Agarwal v Cardiff University & Weatherilt v Cathay Pacific?
  • Is there a final answer in sight for all the questions raised by the Working Time Regulations? A wide number of important cases have been recently decided as to how WTR rights interact with sick pay, rolled up pay and commission payments
  • National minimum wage and the care industry – when is a care worker ‘on call’ and entitled to NMW in Focus Care Agency Ltd v Roberts?
  • Discrimination based on religion or belief – how and when should it be protected, and what occupation requirements will justify treating differing treatment, following Achbita v G4S Secure Solutions and Bougnaoui v Micropole Univers?
  • Indirect discrimination: the correct approach following Essop v Home Office (UK Border Agency); Naeem v Secretary of State for Justice
  • Numerous CA whistleblowing decisions in 2017 and particularly the relationship between private and public interest in Chesterton Global v Nurmohamed
  • Retrospective force under the Equality Act 2010 – should employers and pension schemes now be planning for what equality rights might be protected in the future, following Walker v Innospec?

This course will look in depth at all the above decisions and much more and is a must for busy practitioners trying to stay up to date.  By the time of the course we may also have the EAT’s decision in Aslam & Farrar v Uber and the Addison Lee cases; and the next stage of the Asda Equal Pay litigation.


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