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The Education HR in the North West ConferenceJanuary 2018, ManchesterEmployment law update
Overview
• Employment tribunal fees• Sexual harassment• Case law update• Gender pay gap reporting• Settlement agreements
Employment tribunal fees
Fees
Parliament.gov.uk
Cases received by employment tribunals
House of Commons Briefing Paper 7081
Supreme Court ruling
Immediate consequences
• Fees have been abolished• Fees paid since 2013 are repayable• Old claims that previously couldn’t be afforded will be
brought?
What’s next
• Reimbursement of fees• Alternative fee regime?• An 79% increase in claims?
#metoo
Sexual harassment
Sli.do – vote now
Has your school had to deal with a complaint of sexualharassment?YesNo
Sli.do – vote now
Would you be surprised to receive one?YesNo
“Still just a bit of banter?”
0 5 10 15 20 25 30 35 40
Displays of pornography
Sexual comments about women/another woman
Unwated messages of sexual nature
Unwelcome sexual advances
Sexual assault
Unwanted touching
Unwelcome sexual jokes
Sexual comments about body and/or clothing
Serious sexual assault/rape
%
The law
Section 26(2) – Sexual harassment
A engages in unwanted conduct of a sexual nature which hasthe purpose or effect of either violating B’s dignity or creatingan intimidating, hostile, degrading, humiliating or offensiveenvironment for B.
The law
Section 26(3) – Less favourable treatment for rejectingor submitting to harassment
Sexual harassment + less favourable treatment due to B’srejection or submission to the conduct = s26(3) claim
The law
Are employers liable for the harassment of their employees?• General rule is YES, but subject to some exceptions:
– In the “course of employment”?– “Reasonable steps” defence– Liability for third-party harassment?
What can employers do?
• Comprehensive anti-harassment policy• Follow a stringent investigation procedure• Regular compulsory training for all staff• Consider re-iterating policy before harassment “hot-spots”
Case law updates
Case update – Reasonable adjustments
G4S Cash Solutions (UK) Ltd v Powell
I want to beemployed in a morejunior position butbe paid the same
Case update - Dismissal
City of York Council v Grosset 2017
Employee shows 18rated film to
vulnerable students,is there any risk in
dismissing?
Case update - Suspension
Agoreyo v London Borough of Lambeth [2017]
Can suspensionever really be a
neutral act?
Case update – the Christmas party
Bellman v Northampton Recruitment ET 2016
If your employeesneed to get into afight, they should
probably do it after3am
Gender Pay Gap reporting
The obligation
• Requirement since 31 March 2017• 250 employees (including ‘workers’)• Publication must be within 12 months• Publish a statement on the website; and• to the government for publication online.
What needs to be published?
• The difference in mean and median hourly pay betweenmale and female full-pay employees;
• the difference in mean and median bonus pay between maleand female employees;
• the proportion of male and female employees receiving abonus payment; and
• the proportion of male and female full-pay employees ineach 4 pay quartiles.
Virgin money
Virgin money
Virgin money
Virgin money
Tax changes
Settlement agreement
Tax changes
From 6 April 2018:• ALL PILONS are taxable and subject to class 1 NICs.• Termination payments above £30,000 now subject to
employer NICs rather than just income tax.
Online resources
www.brownejacobson.com/education
Heather Mitchell | +44 (0)20 7871 8511 | [email protected]
Please note
The information contained in these notes is based on the position at January2018. It does, of course, only represent a summary of the subject matter coveredand is not intended to be a substitute for detailed advice. If you would like todiscuss any of the matters covered in further detail, our team would be happy todo so.
© Browne Jacobson LLP 2018. Browne Jacobson LLP is a limited liabilitypartnership.
