The following are some examples of the areas in which we
offer training.
Disciplinary and Grievance
Examines the legal framework within which disciplinary and
grievance procedures operate and the expectations of
Employment Tribunals regarding their operation. Reference
will be made to the ACAS Code of Practice which is used as a
benchmark to gauge the fairness of procedures. Effective
disciplinary and grievance procedures are an essential tool
not only in the defence of claims of unfair dismissal,
breach of contract and the Human Rights Act but also in the
furtherance of harmonious employment relations and new
dispute resolution provisions.
Employment Tribunal Hearings
Proceedings in the Employment Tribunal are intended to avoid
formality. With the increase in the quantity and complexity
of Employment Law and case management and costs power, it
becomes increasingly difficult to appear as a party or to
represent a party without an understanding, not only of the
law itself, but also of how the hearing will be conducted
and what will be expected of each party. This course will
provide an introductory overview of how hearings are
conducted and give guidance on how to achieve effective
preparation and presentation.
Family Friendly Law
There are now a significant number of legislative provisions
and proposals which are aimed at protecting the work/life
balance of employees and which create additional
administrative and legal complexities for employers. These
include: Part Time Worker Regulations, Fixed Term Worker
Regulations; Equal Pay Act; Working Time Regulations;
Maternity and Paternity rights; Parental Leave and the
provisions of the Sex Discrimination Act. The course will
examine how these provisions impact in the workplace and
policies may need to be reviewed to ensure compliance with
them.
New and Emerging Legislation and Case Law Update
All employers will be familiar with the heartsink syndrome
of yet another piece of employment law to understand and
administer. It is however one of the responsibilities of
employers to be aware of their legal duties as employers and
Tribunals and Courts will be very unsympathetic to attempts
to defend actions on the basis of ignorance of the law. This
course will provide an update of all recent legislation,
proposals in the pipeline and case law developments together
with advice on how to implement new requirements and how to
avoid the obvious and not so obvious traps.
Redundancy
Making employees redundant continues to be an area of law
which is fraught with potential difficulties. It is of
primary importance for employers to understand the legal
criteria that must be met and the responsibilities that will
then ensue. The seminar will examine the case law in this
area and also address the questions commonly asked by
employers. How to consult? Who to consult? When to consult?
Who should be put into the pool for selection? What
selection criteria should be used? The course will deal with
ensuring a fair procedure is followed to avoid the attendant
risk that claims will be brought for Unfair Dismissal and
for a Protective Award.
Terminating the Employment Relationship
All employers will be faced with the necessity to terminate
employees’ employment contracts. This can be for a variety
of different reasons and there are a number of issues which
must be considered whenever this eventuality arises. The
course will provide an overview of the most common areas
which must be considered. These will include: the accrual
of employment protection rights; procedural issues relevant
to an unfair dismissal claim; considerations necessary to
avoid a discrimination claim; notice provisions, the tax
position and breach of contract claims. It can also cover
negotiating and agreeing settlements involving termination
payments.
Flexibility: This course can be run to concentrate on the
procedural issues relevant to the different reasons for
which an employee can be dismissed for Unfair Dismissal
purposes: capability, conduct, redundancy, illegality and
some other substantial reasons. This could be done by using
the organisation’s own policies and procedures to show how
they should be implemented.
Trade Union and Collective Consultation
Examines the legal obligations on employers to consult trade
unions and employee representatives, particularly in the
context of redundancies and transfers of undertakings under
the Transfer of Undertakings (Protection of Employment)
Regulations 1981. This course also looks at practical ways
of managing the consultation timetable and documenting the
process for evidential purposes, as well as looking at when
and how to consult. The course also covers the penalties for
failure to consult and who bears the cost. Employers must be
alert to the importance of consulting fully with their
employees in the light of the provisions contained in the
Information and Consultation Directive.
Transfer of Undertakings
Employers who have ever had to deal with the Transfer of
Undertakings (Protection of Employment) Regulations 1981
will know of the complexity of this area of law.
Increasingly it is being recognised as applying to
contracting out/outsourcing as well as business transfers.
This course looks at ways to identify whether a particular
transaction is likely to be covered by the Regulations, the
legal and practical implication of that, the use of
warranties and indemnities to cover potential liabilities
and the potential for Employment Tribunal claims.
Contact our Professional Support Lawyer
Sarah Leverton to find out more.
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