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Employment Law in Practice from Recruitment to Termination

Raise your knowledge of the latest employment law and legislation and learn how to deal practically with the numerous issues an employer regularly faces.

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The content, presenters and format of this course are customised to your requirements.

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Latest update from our expert speaker

Employment law is an ever-changing beast. Here is a reminder of just four of the changes that happened in 2021. Are you up to speed?

  1. Health and Safety Detriment extended to workers.  S.44 (1) (d) and (e) Employment Rights Act 1996 has been extended to give workers protection against detrimental treatment on health and safety grounds.  Previously only employees had this protection. This only applies to detriments taking place on or after 31 May 2021.
  2. Gender pay gap reporting.  The gender pay gap reporting deadline for the 2020/2021 reporting period was extended to 5 October 2021 for qualifying employers in the private sector.
  3. IR35.  Changes to the off-payroll working rules (or IR35) came into effect on 6 April 2021, having been postponed from April 2020.  The changes apply to medium and large clients in the private sector who engage contractors via an intermediary, most commonly a personal service company. In brief, the impact of the changes means that the responsibility for determining whether the individual worker is an employee for tax purposes, has shifted from the intermediary to the engaging entity.  If they determine that the individual would be an employee for tax purposes, they will be responsible for deducting income tax and national insurance contributions as the deemed employer.
  4. Brexit and immigration.  Since 1 January 2021, a new points-based immigration system has applied to non-EU and EU nationals who move to the UK to live and work.

And on the horizon ….

  1. Currently, those on maternity leave who are at risk of redundancy must be offered suitable alternative roles in advance of others. This protection ends once the employee returns to work. Future changes will mean that this protection starts from the date the employee informs her employers that she is pregnant. It does not matter whether the employee informs you verbally or in writing. This protection will last for a further six-month period once the employee returns to work.  The extended protection will also be available to those on adoption leave and shared parental leave. It is currently not confirmed when this will come into force.
  2. Restrictive covenants.  A government consultation on the future of restrictive covenants concluded in February 2021. Possible reforms could include introducing mandatory compensation payable by the employer to the employee for the duration of the restricted period, or even the complete ban of non-compete clauses. The possibility of legislating non-compete clauses has also been raised.  We will have to wait and see what comes out of the consultation and review any developments. Financial compensation for the restraint period is common in many European countries, and may be the direction of travel in this area.
  3. Flexible working.  A consultation has recently commenced which includes a number of measures to widen the scope of the right to request flexible working. The main change would be taking away the current qualifying period of 26 weeks’ service.  Flexible working is likely to be a hot topic this year and we await the outcome of this consultation. The consultation remains open until 1 December 2021.

Why you should attend

This event has been specifically designed for people managers and HR professionals to explain employment law in an accessible, user-friendly format – mixing knowledge with a solid, practical approach – so you have the most up-to-date information and practical skills to take back to your workplace.

Over two days, the course will logically take a journey through the employment life cycle and consider along the way the key areas of impact from recruitment to termination. More often than not, people are the most expensive and important asset in an organisation and now that the fees regime at the Employment Tribunal has gone, careful management is all the more important.

Although there is substantial knowledge-based learning during this event, the two days are designed to be engaging and participative as well as informative. The course will equip you with the knowledge, skills and confidence to deal with all the important employment issues so you can act effectively and positively within the law. Attending this programme is an invaluable use of a busy HR professional’s time and is also relevant to line managers with an HR responsibility.

Benefits of attending:

  • Develop your knowledge of the latest employment law and practice
  • Understand how the law is applied both procedurally and practically
  • Be up to date with this fast-changing area of the law and its implications
  • Raise your competence and profile within your organisation
  • Look at how to improve what you do in your workplace to avoid conflict
  • Communicate and give advice as to how you can comply and stay within the confines of the law
  • Learn the tips and techniques that sit behind successful execution of some of your key practices

Who should attend?

All HR advisers and specialists from business partners to HR directors as well as people managers will find this a highly useful two days, including:

  • People managers
  • HR managers and directors
  • HR business partners
  • HR specialists
  • HR controllers
  • HR advisors
  • HR officers and other HR professionals

This course is also applicable to directors of SMEs who need to fully understand their people management responsibilities and the risks to avoid.

Programme

Module 1: When employment begins

This is the first critical point in any employment life cycle, getting the right people into the right roles with the right potential. In this module we will look at what you need to know in terms of legislative impact.

  • Equality Act 2010
  • Data Protection Act 2018 /GDPR
  • Safe interviewing
  • Employment status issues
  • Contracts of employment: part-time, fixed-term, zero hours, etc

Module 2: Discrimination and equality

Expanding on the topics covered in the first module we will focus on what the legislation requires of employers when it comes to avoiding discrimination and promoting equality.

  • Discrimination
  • The protected characteristics
  • Types of discrimination
  • Reasonable adjustments relating to disability
  • Harassment
  • Bullying
  • Equal pay
  • Gender pay gap

Module 3: Managing change

Things rarely stay still for long in any workplace. In this module we will explore how to deal with some of the more common impacts on employees when it comes to change.

  • Reorganisation within your company
  • Changing terms and conditions

Module 4: Employee complaints

However good an employer you are, there are always issues employees want to raise where they are dissatisfied or have concerns or complaints. This module explores how to deal with these circumstances.

  • Grievances – what the law requires
  • Grievances – the ACAS code and procedural issues
  • The right to be accompanied
  • Investigations
  • Appeals
  • Understanding whistle-blowing – the Public Interest Disclosure Act 1998

Module 5: Capability

If managing performance starts with recruitment it ends with formal capability or under-performance management. In this module we will explore how to achieve fair and lawful management of poor performance.

  • Capability – what the law requires
  • Capability – the ACAS code and procedural issues
  • Capability – lessons to learn from case law
  • Performance improvement plans
  • Appeals
  • Gross negligence

Module 6: Conduct

Misconduct and gross misconduct issues need to be managed in accordance with good policies and procedures. The ACAS code gives important guidelines for employers and failure to follow can lead to increased compensation in a successful unfair dismissal claim at the Employment Tribunal.

  • Disciplinary – what the law requires
  • Disciplinary – the ACAS code
  • Progressive vs gross misconduct
  • Disciplinary – lessons to learn from case law
  • Suspension
  • Investigations
  • Appeals

Module 7: Ill health

Most employees at one time or another have to take time off when they are ill. In some cases this time mounts up and, whether it is short-term or long-term, could need your intervention as the employer.

  • Absence management
  • Short-term and persistent absence
  • Long-term absence
  • Disability-related absence
  • The ‘sickie’
  • Return-to-work procedures
  • Rehabilitation
  • Occupational health
  • Access to medical reports
  • The fit note
  • Ill-health dismissal

Module 8: Family-friendly issues

This is an area heavy with legislation and process. The aim of this module is to ensure you understand what the rights are.

  • Maternity
  • Paternity
  • Parental
  • Shared parental
  • Ante natal
  • Dependant
  • Flexible working
  • Working-time issues

Module 9: When employment ends

An inevitable conclusion to some employment journeys is dismissal and fairness is imperative in these circumstances.

  • The five potentially fair reasons to dismiss as set out in the Employment Rights Act 1996
  • Managing fair dismissal both procedurally and substantively
  • Settlement agreements – what to say
  • Avoiding undue pressure
  • Settlement agreements – the documentation

Module 10: Redundancy

The right to redundancy payment was introduced in 1965 and since then a variety of other rights in relation to redundancy have entered our legislation through statute and case law.

  • The situations that may give rise to a redundancy
  • Lay-off and short-time working
  • Process
  • Selection
  • Consultation – individual and collective
  • Notification to the Secretary of State
  • Statutory redundancy pay and/or enhancements
  • Alternative employment
  • Time off
  • Automatically unfair redundancy

Module 11: TUPE

Business sales, acquisitions, mergers and service provision changes are all too commonplace, particularly in certain industries and business sectors. In this module an overview of the legislative and practical aspects will be explored.

  • When does TUPE apply – identifying a ‘relevant transfer’
  • What are the employee protections enshrined in the legislation?
  • Identifying relevant employees
  • What transfers?
  • Pre-transfer dismissals
  • Post-transfer dismissals
  • Harmonisation
  • Employee liability information obligations
  • Information and consultation of appropriate representatives
  • Effect of the employee objecting

Module 12: Employment Tribunal

With the removal of the Tribunal fees regime, the number of claims dramatically increased. In this module we will consider:

  • What to do when ACAS call
  • ET1 and ET3
  • Preparation
  • Bundles
  • The hearing

Presenter

Toni Trevett (More...)

Toni Trevett is a director of CompleteHR Ltd, an HR consultant, and a coach, mediator and trainer specialising in HR/people management skills, employment law, management development and personal development. She has experience of working with a variety of large and small organisations and has considerable experience of work in both the public and private sector. Clients include British American Tobacco, Schlumberger, Stihl, Shell, The Telegraph, Dairy Crest, Bywaters, NATS the ACCA, AAT and many more.

She was formerly a human resources director within the BAA plc group. She is a fellow of the Chartered Institute of Personnel and Development and a member with over 20 years standing of the Employment Tribunal judiciary, hearing cases in London and the South East. In addition to her training work she conducts investigations and hearings for clients on disciplinary, grievance, discrimination, harassment and bullying issues and is also a workplace mediator.

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Customise & book

This course can be customised to meet your requirements, and delivered to your colleagues at your location or online. For more information, call us on +44 (0)20 7749 4730, email us at inhouse@management-forum.co.uk or contact us below:

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Continuing professional development

This course qualifies for 12 hours for your CPD records.
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Training options

Public course dates

We can deliver and customise this course for any number of attendees, at your location or online. But if you have fewer colleagues, this course is running publically on:

  • 7-8 Apr 2022
  • 5-6 Jul 2022
  • 12-13 Oct 2022

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Previous customers include...

  • Aire Labs
  • British Horseracing Authority
  • Clesse UK Ltd
  • ConvaTec Ltd
  • Endemol Shine UK
  • Epson Telford Ltd
  • Falck Safety Services TMS
  • Five Guys
  • H S Jackson & Son (Fencing) Ltd
  • Historic England
  • Marks and Spencer
  • Peter Brett Associates
  • Research and Markets
  • Unibuddy
  • Vitality Group Ltd

Very good and insightful.

Joe Farrant, HR Business Partner, West Park Portfolio Service LLP, Oct 20

Great presenter who fully engaged with the group.

Jeremy Lane, People & Culture Adviser, British Horseracing Authority, Oct 19

The course covered everything that I needed to know and was very enjoyable, made even more so by the fact that the speaker was easy to listen to and made things entertaining.

Helen Faulkner, Accountant, Clesse UK Ltd, Oct 19

I hoped to achieve a greater understanding of employment law in relation to performance management, redundancies and consultations and I definitely accomplished this and more. The course content was relevant and informative and the speaker was excellent.

Helen Doyle, HR Advisor, Peter Brett Associates , Oct 19

Toni was fantastic. Made what could easily be a dull subject fun and engaging throughout.

Kris Taylor-Rush, HR Business Partner, Five Guys, Oct 18

I really enjoyed the course and found it to be interesting and informative. It was well paced and the level of insight varied depending upon the needs of the group.

Matthew Kneale, Generalist – HRBP, Nexen Petroleum UK Ltd, Oct 18

Excellent content, employment law can be a 'dry' subject but the speaker make the course interesting, interactive and, at times, humorous. Would recommend this course to colleagues.

Sharon Devlin, HR Manager, ConvaTec Ltd, Oct 18

There was a huge amount of content covered but I left feeling really informed on the breadth of topics and it had a great balance of learning from Toni, sharing experience between ourselves and discussion. I felt the content met the needs of the course delegates.

Rebecca Charnley, HR Business Partner, Marks and Spencer, Oct 18

Highly recommended course to those new to HR or in need of a refresher. Valuable content and interactive to keep engagement high. Two days was the perfect length for this course!

Brittany Duncan, Senior HR Advisor, Endemol Shine UK, Oct 18