0930
Coffee and Registration
1000
Chairman's Introduction
Employment: Shaping New Law into Highly Developed Advice for Employers
Martin Chitty
Partner and Head of Employment Practice, Wragge & Co
"A big player in the industry" (Legal 500). He is "a very experienced lawyer and a very good negotiator who really knows how to drive through a deal" (Chambers & Partners).
1005
Question Set 1
Some Other Substantial Reason
To what extent has recent case-law curtailed the use of "some other substantial reason" as a defence?
• How can you exercise SOSR when you have robust capability, sickness, disciplinary procedures?
• How can you mitigate risk when there is pressure for you to dismiss from a third party or you have a personality problem or an employee won't accept a paycut?
• Following Edwards v Chesterfield what is your liability for not following contractual disciplinary procedures?
Andrew Hogarth QC
Head of Chambers, 12 King's Bench Walk
Has an exceptionally strong employment practice. He is "a barrister capable of digesting a vast amount of information and distilling it into a few words". Noted for being "a tenacious litigator", he is " the ideal candidate if you have a gritty dispute on your hands".
1045
Question Set 2
Objective Justifications
How can you show an "objective justification" in cases when a disabled or older employee has (1) been dismissed when on long-term sickness absence or (2) not had his or her contractual sick pay extended?
• What sort of evidence would you need to produce?
• How would proportionality operate in these circumstances, especially if cost were deployed as an argument?
Anne Pritam
Partner, Stephenson Harwood
Epitomises client service - Legal 500 and "continues to impress" - Chambers. Elected chair of the ELA training committee 2005-2009.
1125
Morning coffee
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Format for the day:
This programme is designed to give you sophisticated insight into the intricacies of employment law - sparking new ideas and highly applicable ways of operating.
Each expert speaker will give a highly focussed 20-minute presentation, followed by 15 minutes for questions and discussion between the audience and speaker.
Please note: 80 leading employment practitioners were kind enough to help with this programme. |
1140
Question Set 3
Potentially Redundant Employees
If a potentially redundant employee applies for a newly created post, does the employer face any constraint in appointing the candidate who is best for the job?
• In this context how different must redundant post be before it can be called a "newly created post"?
• In which circumstances are you obliged to consider or consult employees on the practice of "bumping"?
• When is an offer of alternative employment to a redundant employee suitable?
Sarah Keeble
Partner, Mishcon de Reya
Absolutely client focussed and responsive, her advice is always clear and sensible - she doesn't prolong disputes or rack up fees unnecessarily" (Chambers & Partners).
1220
Question Set 4
Allocating Vacancies
How can you lawfully go about allocating vacancies between potentially redundant employees?
• What if employees are pregnant or on maternity leave?
• Will any level of protection be extended to a father sharing parental leave, when the Government's plans on flexible leave becomes law?
David Whincup
Partner and Head of London Employment Practice, Squire Sanders
Is a fantastic speaker and communicator. is also an accredited CEDR Mediator and a keen exponent of the role of mediation in the modern workplace, scoring a number of significant successes for corporate and individual clients through that route.
1300
Lunch
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1400
Question Set 5
Agency Worker Regs
Can the use of "umbrella companies" help you comply with the Agency Worker Regulations?
• To do you apply the test for whether a temporary worker is actually captured by the legislation?
• How can you interpret the meaning of "temporary work agency"?
Andrew Stafford QC
Barrister, Littleton Chambers
Is known for dispensing “comprehensive, intelligent advice in a subtle and attractive manner.” Recent cases include Kulkarni v Milton Keynes NHS Trust (doctor' s right to legal representation), Sandwell v Arnold (grievances & equal pay), James v Redcat (working time), GMB v Allen (union discrimination), HISL v Tunnard (employee's fiduciary duties), Ferrari v McLaren, Brunel v Vaseghi (privilege), Interserve (TUPE), Transocean (working time in offshore industries) and in equal pay litigation. Is author of, "Fiduciary Duties - Directors & Employees" (2008, with Stuart Ritchie) co-editor and contributor to Sweet & Maxwell's 'Transfer of Undertakings'. Member of Advisory Board, 'Gore-Browne on Companies'.
1440
Question Set 6
Fiduciary Duty of Employees
How do repudiatory breaches, confidential information, team moves and use of forward contracts currently apply to dismissal procedures?
• How can you say for sure whether your employee owes you fiduciary duty?
• What is the ramification of the clash between Brandeaux v Chadwick and the RDF line of cases and which line is the tribunal likely to follow?
David Widdowson
Partner, Abbiss Cadres
Is "always on top of the legal framework and applies it well to the circumstances" (Legal 500). Formerly the London Office Managing Partner of the one of the leading firms.
1520
Question Set 7
TUPE after Parkwood Leisure
After Parkwood Leisure v Alemon Holdings, how nervous should private sector employers feel after taking on public sector workers via a TUPE?
•Which practical measures can you take to circumvent the limbo?
Adrian Lynch QC
Barrister, 11 King's Bench Walk
Is a "formidable advocate. He speaks with authority, exercises masterful control and handles the tribunal beautifully". He is a Recorder and author of the employment chapter in Foskett on Compromises.
1600
Close of conference
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