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Insights
02/09/2022
16th December 2022
Introduction
Chaired by Dominic Regan this live broadcast conference will consider some of the most topical employment law issues of the past year including the P&O Ferries scandal, the explosion in flexible working requests and the Forstater ruling.
Each session will provide opportunity for questions and answers.
Conference Agenda
This live and interactive 5-hour conference will cover the following:
10am – 11am: Dismissal Update
Professor Dominic Regan
So many disputes stem from dismissal yet the law continues to evolve with novel points emerging. This talk will remind practitioners of the core decisions before looking at recent developments including:
AM break
11:15am – 12:15pm: Flexible Working Requests – What Does the Law Require & What Does the Future Hold?
Paul Jennings
Given the highly flexible way in which many people have been working over the past two years, employers are very likely to continue to face a marked increase in flexible working requests. This may include requests to work from another location, or indeed another country.
The right to flexible working is one that has evolved over time. Enshrined in the Employment Rights Act 1996, eligible employees can currently make a written request specifying the change or changes that they are seeking. Requests can only be refused on the basis of one of the eight statutory grounds.
However, the statutory right to request flexible working is just one part of a complicated picture. Often a flexible working request is linked in some way to a ‘protected characteristic’.
Further, there are additional complications and considerations where an employee is seeking to work some or all the time from another location (including working from other countries).
This session will cover:
12.15-13.15: Current Issues in Collective Labour Law
Douglas Leach, Guildhall Chambers
Periods of economic difficulty, and high inflation in particular, tend to produce an increase in the number of industrial disputes arising out of failed pay negotiations.
When the point of contemplation of industrial action is reached, it is vitally important for unions to be clear about how protected action is achieved, and for employers to know whether and/or how proposed action might be resisted in the courts, or its effects legitimately limited where litigation is not a viable option.
Further, before action is taken by a recognised union after failed pay negotiations, employers need to understand the potential consequences of making pay awards without union agreement.
This session will cover:
Break for lunch
2:15pm – 3:15pm: Belief – What Has Recent Case Law Told Us?
Professor Kathy Daniels
The recent ruling in Forstater v CGD Europe and others [2022] is one of several cases that has caused us to think again about what we understand by the definition of a belief in the Equality Act 2010. In this session we will be looking at this ruling, think about some of the specific issues that have arisen relating to beliefs surrounding gender identity and biological sex, and we will be looking afresh at how the definition of a belief should be addressed.
This session will cover:
PM Break
3.30pm – 4.30pm: Status & Employment Claims
Professor Dominic Regan
Who now counts as an employee or perhaps a worker?
The law has undergone fundamental adjustments after cases such as UBER. What is more, different principles are being applied depending upon whether a claim is in respect of dismissal or detriment rather than tax liabilities or vicarious liability. Another Supreme Court hearing looks likely in 2023 on the last point.
This session will cover:
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording – should you wish to revisit the material discussed.
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