Employment Law Update 2019

Holiday Inn London Regent's Park
Carburton Street
London W1W 5EE

Date: Wednesday 23 Oct 2019

Time: 09:30 - 17:00

CPD Hours: 6

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£109
+VAT
£130.80 (incl. VAT)
Cost including lunch:
£124+VAT £148.80 (incl. VAT)
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KEY SUBJECTS

  • DISCRIMINATION LAW UPDATE
  • HARASSMENT – THE LATEST POSITION
  • MENTAL HEALTH ISSUES IN THE WORKPLACE AND THE TRIBUNAL
  • DISMISSAL – THE UPDATE
  • TIME LIMITS FOR BRINGING A CLAIM TO AN EMPLOYMENT TRIBUNAL
  • THE TIME OF OUR LIVES – WORKING TIME

SPEAKERS

Seán Jones QC, 11 KBW

Professor Dominic Regan, The City Law School, London

Simon Cheetham QC, Old Square Chambers

PROGRAMME

9.30am  CHAIRMAN’S INTRODUCTION

DISCRIMINATION LAW UPDATE

All the most significant developments of the last 12 months, including:

  • Has the ECJ created horizontally directly effective EU anti-discrimination rights? Cresco Investigation GmbH v Achatzi: C-193/17
  • Religious discrimination: whose belief matters? Lee v Ashers Bakery and Gan Menachem Hendon Ltd v De Groen
  • What amounts to unfavourable treatment? Trustees of Swansea University Pension Scheme v Williams in the Supreme Court
  • Guidance on the duty to make reasonable adjustments: Sheikholeslami v University of Edinburgh and Abertawe Bro Morgannwg University Local Health Board v Morgan
  • Vicarious liability after Murray v Maclay Murray Spens LLP and Unite the Union v Nailard

Sean Jones QC, 11 KBW

HARASSMENT – THE LATEST POSITION

The last year has seen an explosion in claims for harassment at work. This topical talk will examine and explain the pros and cons of the potential claims available.

  • Bringing a claim before the Employment Tribunal
  • An overview of the Protection from Harassment Act 1997
  • Defences
  • Time limits
  • Costs and Funding considerations
  • Non-Disclosure Agreements

Dominic Regan this year advised the House of Commons Select Committee on the law of costs as it relates to NDAs.

Professor Dominic Regan, The City Law School, London

MENTAL HEALTH ISSUES IN THE WORKPLACE AND THE TRIBUNAL

With about 1 in 7 people experiencing mental health problems in the workplace, this is a growing and serious problem. How should workplaces recognise the problems and what should they do to help combat this increase? Are employment tribunals recognising the extent of the problem and how are these reflected in claims of discrimination?

  • Risk factors in the workplace
  • When does a mental impairment become a disability?
  • Discrimination arising from mental health issues
  • Making adjustments at the tribunal

Simon Cheetham QC, Old Square Chambers

DISMISSAL – THE UPDATE 

The termination of employment by an employer regularly generates grief and claims. This talk will review fundamental issues including:

  • What is the date of termination? (and it isn’t necessarily what you think!)
  • How to identify a constructive dismissal
  • When the normal qualifying period is disapplied
  • Termination by consent or ultimatum?
  • Cases of suspected dishonesty
  • The problem with suspension

Professor Dominic Regan, The City Law School, London 

TIME LIMITS FOR BRINGING A CLAIM TO AN EMPLOYMENT TRIBUNAL

  • How limitation period works
  • Extending time – “not reasonably practicable”
  • Extending time – “just and equitable”

Simon Cheetham QC, Old Square Chambers

THE TIME OF OUR LIVES – WORKING TIME

  • The holiday pay war rolls on: does voluntary overtime count? the Court of Appeal opines East of England Ambulance v Flowers
  • Are foster parents workers? Sindicatul Familia Constanța and others v Direcția Generală de Asistență Socială și Protecția Copilului Constanța in the ECJ
  • The Court of Appeal gives guidance on compensatory rest: Network Rail Infrastructure Ltd v Crawford

Sean Jones QC, 11 KBW

5.00pm CLOSE OF PROCEEDINGS

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Conference Information

Employment Law Update 2019

Delegate 1
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