1. Overview of UK Employment Law
Alexandra Davidson
Keystone Law
July 2014
There are 5 volume textbooks about UK employment law so this session will obviously be just an overview to highlight the most important areas.
I’m going to take you through the lifetime of an employment relationship – starting it, categorising it, regulating it and terminating it.

2. UK Employment Rights Derived from two main sources Contractual rights
Written or oral
Enforced in civil courts and, to a limited extent, in employment tribunals
Statutory rights
Employment Rights Act 1996
Ordinary Unfair dismissal
Automatic Unfair dismissal
Deduction from wages
Equality Act 2010
National Minimum Wage
Includes enactments of EU-derived laws
TUPE
Working Time Regulations
Enforced in employment tribunals
Contract – doesn’t have to be in writing as long as there is a mutual obligation between the parties. Contract will cover issues such as remuneration and benefits, duties and obligations, post-termination restrictions.
No Civil Code as in other EU countries
Contract is governed by common law and is essentially the same as any other contract law (other than no specific performance)
Handbook – can be contractual but generally isn’t. Deals with house rules and policies
Offer letter – can be the contract if nothing else put in its place

3. Starting the relationship
Pre-employment checks
Discrimination on grounds of protected characteristics
Immigration status
Health questionnaires
References
Obligations owed to former employer
The anti-discrimination regime applies to recruitment – will look at this later
Strict controls over status of employee with heavy penalties on employers who do not check. EU citizens (except Croatia), Swiss and those with indefinite leave to remain in the UK have the right to work in the UK. Others need work permit or other authorisation.
Pre employment health questionnaires are not permissible unless relating to the intrinsic nature of the job to determine if the candidate would be able to comply.
Need to check employee is free to work for you otherwise risk of claim from former employer for ‘inducing breach of contract’

4. Defining the relationship
Types of contractual relationship
Employees
Workers
Self-employed
Types of relationship will be dealt with by Oliver in the second session

5. Categorising the relationship
Types of contract
Indefinite term
Terminable on notice period
Fixed term
No need for notice
Fixed Term Workers Regulations
Expiry of fixed term is a dismissal
Part time
Part Time Employees Regulations
Zero hours
Agency workers
Agency Worker Regulations
Swedish derogation
Most contracts are indefinite term
No upside to fixed term but potential downside
Part time workers cannot be denied access to benefits on that ground – part time Judges litigation is an example
Zero hours is a current politically controversial topic although it gives a lot of flexibility but it is perceived as one-sided
Agency workers Regs new (EU derived) giving agency workers right to claim equivalent benefits to employees after 12 weeks. Ways of getting round this include Swedish derogation where the workers are effectively given employment status and have the right to pay between assignments of a pre-agreed minimum and four weeks pay on termination

6. Regulating the relationship – s1 statement requirements
Holiday
28 days minimum
Pension
Must provide access
Sick pay
SSP up to 28 weeks after 3 waiting days
Working time
Rest breaks, rest days, night working
Average working hours
Notice periods
Statutory minimum overrides the contract
Remuneration
Job title
Parties
Disciplinary/grievance appeals
Must give employees a s1 statement within 2 months of starting.
Must be a single document although some information can be included in a separate document referred to in the s1 statement.
If not given, ee can ask ET for declaration of the terms
If ee wins ET case on another matter, can be awarded 2 – 4 weeks pay if no s1 statement had been given

7. Regulating the relationship – statutory issues
IP protection
Family rights
Ante-natal care/ risk assessments
Maternity leave and pay
Paternity leave and pay
Adoption leave and pay
Parental leave and pay
Time off for dependants
Minimum wage
Maternity leave is 52 weeks; pay is 39 weeks (6 x higher rate; 33 x lower rate)
2 weeks compulsory leave
Now can transfer some to spouse
Paternity leave is 2 weeks paid at SMP lower rate
Adoption leave mirrors maternity leave without compulsory leave
Parental leave is 13 weeks over 5 years, max 4 weeks a year. Unpaid.

8. Regulating the relationship – the contract
Probationary period
Right to benefits delayed
Short notice period during probationary period
Non-compete clauses
Flexibility/mobility
Other duties commensurate with status
Secondment to other group companies
Change in work location
Pay and bonuses
Benefits
Oliver will deal with non-compete clauses
Wording of these issues important to avoid constructive dismissal claims.

9. Changing the relationship
Varying terms and conditions of employment
Is there a right to vary?
Seek employee’s consent
Terminate contract and offer new contract on revised terms
Follow proper procedure
‘sound business reason’ defence to unfair dismissal claim

10. Discrimination
Must not discriminate on grounds of a ‘protected characteristic’
Sex
Race, nationality
Sexual orientation
Age
Disability
Pregnancy/maternity
Religion/belief
Marriage
Gender reassignment
Applies to hiring, promotions and treatment in the workplace
Harassment
Victimisation
Conflicting rights
Previously contained in a number of separate Acts – now consolidated into Equality Act.
Harassment is a stand alone claim. Means conduct unwanted by victim which is on grounds of a protected characteristic
Victimisation is where the employee is subjected to a detriment (or penalised) for having complained of discrimination
Need to ensure that there is no suggestion of discrimination in the hiring process eg why ask for candidate’s age? Why ask for photo?
Conflicting rights – Christian hoteliers don’t want to give rooms to gay couple;
Christian Registrar doesn’t want to officiate at gay marriages

11. Ending the relationship
Contractual issues
Notice period
non-competes
Garden leave
references
Constructive dismissal
TUPE
Settlement agreements
Oliver will deal with non-competes and garden leave
Pilons

12. Ending the relationship – statutory issues
Unfair dismissal
Valid reasons for dismissal
Conduct
Capability
Redundancy
Breach of an enactment
Some other substantial reason
Acting reasonably in the circumstances
Consultation
Other requirements
Fair sanction
Public Interest Disclosures (Whistleblowing)
Qualifying protected disclosure leading to detriment
Remedies
Oliver will deal with some of the udl issues which arise on poor performance
Looking at some of the other issues:
Conduct – Birchell test
Redundancy – genuine, selection, consultation, alternative employment
SOSR –

13. Thank you for listening
The End
Thank you for listening