Annual Employment Law Update 2016

Tom Draper, Partner

Kelly Gibson, Chartered Legal Executive

Rebecca Hutchinson, Legal Advisor

8 December 2016

“ the material for this seminar has been prepared solely for the benefit of delegates on this seminar. It should not be relied upon

for giving advice and Taylor&Emmet LLP accept no responsibility for loss or consequential losses incurred as a result of

reliance on this material”.

Introduction

Welcome

Employment team changes

Legal developments – 2016 overview

Programme

Holiday pay update

Brexit

Gender pay gap reporting

Trade Union Act

Exclusivity clauses

Changes to compensation limits and National Living Wage

Case law update

Looking ahead to 2017

Questions

Holiday pay update

British Gas Trading Ltd v Lock and another

• the saga continues….

Holiday pay update

Brettle v Dudley Metropolitan Borough

Council

• Voluntary overtime, guaranteed overtime and non-guaranteed overtime…

Brexit

What does Brexit mean for

Employment Law?

• TUPE Regulations 2006

• Working Time Regulations 1998

• Human Rights Act 1998

• Equality Act 2010

Will legislation be repealed?

Brexit

Re-litigation of British Gas Trading Ltd v Lock & Anor [2016]?

Gender pay gap reporting

Introduced in March 2016 with anticipated roll out

date of April 2017

Organisations with 250 employees or more required to publish

information about pay disparity between the

sexes

Trade Union Act

Trade Union Bill Increases ballot threshold to 50%

14 day notice period for planned industrial

action (increased from 7 days)

Mandatory picketing supervisors

Ban lifted on hiring agency workers to

cover striking workers (public

sector)

Exclusivity clauses

Anti-avoidance measures

introduced in January 2016

Compensation limits

Maximum compensatory award for unfair dismissal £78,335 to £78,962

Maximum limit on a week's pay £475 to

£479

Penalties for non-payment of

Employment Tribunal awards

National Living Wage

The Government introduced the new

National Living Wage in April 2016

£7.20 per hour for workers over 25

Envisaged to rise to over £9.00 by

2020

National Minimum Wage

Standard adult rate £6.95 (up

from £6.70)

Development rate £5.55 (up

from £5.30)

Young workers rate £4.00 (up

from £3.87)

Apprenticeship rate £3.40 (up

from £3.30)

Case law update

1. Childcare vouchers

Peninsula Business Services

Ltd v Donaldson

• confirmed that childcare vouchers can be discontinued during unpaid maternity leave

NB – cannot unilaterally withdraw this benefit – breach of contract

2. Discrimination compensation

Vento v Chief Constable of West Yorkshire Police

[2003]

£500 - £5,000

£5,000 - £15,000

£15,000 - £25,000

Da’Bell v National Society for the

Prevention of Cruelty to Children [2009]

£600 - £6,000

£6,000 - £18,000

£18,000 - £30,000

AA Solicitors Ltd v Majid [2016] affirms Simmons v Castle [2012] plus RPI

uplift (2016)

£811 - £8,107

£8,107 - £24,320

£24,320 - £48,640

3. SOSR dismissals

Does ACAS Code of Practice on Disciplinary

and Grievance Procedures apply to dismissals for

Some Other Substantial Reason?

Phoenix House Ltd v Stockman and another [2015]

4. Reasonable adjustments?

G4S Cash Solutions (UK)

Ltd v Powell

5. Protected conversations

Faithorn Farrell Timms LLP v Bailey

What to expect in 2017

Taxation on PILON

Contractual position

Settlement Agreements

What to expect in 2017

Shared Grandparental Leave

30 hours free childcare per week for working parents

Tax-free childcare scheme

Sunday working

Amended Equality Act?

Questions

Annual Employment Law Update

• Employment Law Advice

• HR Training

• T&E Complete – all inclusive employment protection package

• Corporate Finance

• Commercial Law advice

• Commercial Litigation

• Commercial Property

• Property Litigation

• Debt Recovery

• Social Housing