Equality Liaison Officers’ Seminar Legal Update 17 November 2014 Presented by: Emma Hawksworth and Juliette Franklin

Agenda Grievance/Fairness at Work issues Acas Early Conciliation Employment tribunal fees and claims Family leave cases Whistleblowing case study

Grievance procedures Training provided to advisors not to make findings of discrimination Any findings of discrimination deleted from early drafts before being sent out Reliance on overlap between Fairness at Work and wrongdoing procedures was not accepted by the tribunal Check approach in your forces

Early conciliation In force since 5 May 2014 Claimant must notify Acas of Claim before bringing ET claim Simple online form 1,600 cases notified per week

Early conciliation 11,355 cases completed EC in April – June 2014 16% settled 19% indicated not pursing claim 65% unresolved by EC process

Employment tribunal claims brought 2010 to date

Tribunal awards

Family leave cases Removal of police dog during pregnancy was an unlawful detriment MPS v Keohane (EAT) Dismissal for absence for post-natal depression was not unlawful discrimination Lyons v DWP Jobcentre Plus (EAT)

Family leave cases Paying paternity pay at rates lower than maternity pay does not directly discriminate against men Shuter v Ford Motor Company (ET) Time off for dependents – procedure must be followed carefully Ellis v Ratcliff Palfinger Ltd (EAT)

New rights for employees Employee’s rights For police officers June 2014: Right to request flexible working for all employees with 26 weeks service October 2014: right for partners to attend two ante-natal appointments For babies due 5 April 2015: shared parental leave Flexible working No statutory right to request CoP guidance new Acas guidance Changes to family leave rights require amendment to Police Regulations

Whistleblowing Manner of pursuing complaints can be distinguished from the complaints themselves Dismissal for the way in which protected disclosures are pursued can be lawful Panayiotou v CC Hampshire (EAT)

Some current issues Flexible working Disability discrimination in dyslexia cases Issues for carers

Questions