Essential Employment Law

Day One
09:30 - CASE STUDY : Creating the employment relationship
· The recruitment process: interviews, the offer letter, references and medicals
· Contracts of employment: what are express and implied terms?
· Restrictive covenants: when do you need them?

10:15 - Employment status and contracts
· Defining employment status: 'worker' and 'employee'
· Agency workers: considering the employment status of temporary workers following recent case law
· Making and varying employment contracts
· Part-time workers
· Fixed term contracts and varying employment contracts
· Working time opt out provisions, holiday entitlement and enforcement

11:15 - CASE STUDY : Discrimination, diversity and equal opportunities
· Direct and indirect discrimination
· Examining the Equal Pay Act: material factor defence and recent case law
· Sex, race and disability discrimination
· Sexual orientation, religion and belief discrimination
· The new age discrimination law explained
· Victimisation and harassment: defences and protection

12:30 - Lunch
13:30 - Discrimination, diversity and equal opportunities - continued
14:30 - CASE STUDY : Family-friendly rights
· Maternity, paternity and adoption rights
· Antenatal care and pregnancy dismissals and discrimination
· Parental leave and time off for dependants
· The right to request flexible working arrangements
· The Work and Families Act

16:30 - Close of day one

Day Two
09:30 - The new TUPE regulations
· Understanding TUPE: definitions, employer obligations and recent case law
· What are the practical effects of the regulations?
· Contracting out services
· Transfers and unfair dismissal

11:15 - CASE STUDY : Grievance and disciplinary procedures
· What are the statutory dismissal and disciplinary procedures?
· Looking at exceptions and standard procedure
· How should modified disciplinary procedures be used?
· Considering the importance of time limits
· The revised ACAS Code of Practice
· Handling grievances in practice
· Handling disciplinary matters: process, procedure and hearings
· Acting fairly and reasonably

12:30 - Lunch
13:30 - CASE STUDY : Dismissal
· Considering methods of termination including constructive dismissal
· What are acceptable reasons for fair dismissals?
· The nature of conduct and capability
· What are automatically unfair dismissals?
· Handling redundancies and being 'reasonable'

14:30 - CASE STUDY : Performance and absence
· Dealing with poor performance and absenteeism
· Managing stress related absence: avoiding common pitfalls
· Misconduct outside the workplace

15:30 - Employment Tribunals: preparation and procedure
· Time limits and handling claim and response forms
· Preparing and presenting cases: evidence collation and the preliminary hearing
· Documentation and the tribunal 'bundle'
· Getting to grips with tribunal procedure
· Do's and don'ts when presenting a case: opening speeches, evidence in
· chief and cross examination
· Employment Tribunal remedies for unfair dismissal
· Rules and costs of settlement

16:30 - Close of day two