Employment Update


A general update on employment law issues which are relevant to in-house lawyers

Thursday 16 July 2015, 9.30am registration (9.45am start) – 1.00pm (followed by lunch) Geldards, Derby


Presented by Geldards and Bevan Brittan

Seminar overview

Employment law is a pervasive area of law which is of relevance to all in-house lawyers regardless of their discipline. Knowledge of employment law issues can be extremely useful on a professional and personal level. In this session we will cover a range of topical employment law issues.

Case law update

We will provide you with an update on recent case law relevant to those working in local government including:

  • The TUPE and equal pay case of Glasgow City Council and others v Unison claimants and another [2014] where the Inner House of the Court of Session considered whether employees who had transferred under TUPE from a council to LLPs could compare themselves with council employees for equal pay purposes.
  • The recent developments in the meaning of establishment in the redundancy cases of USDAW v Ethel Austin Ltd (in administration) and another (2014) and Renfrewshire Council v Educational Institute of Scotland (2012); and
  • Case law relevant to the introduction of Shared Parental Leave including Shuter v Ford Motor Company Ltd (2013) considering whether additional paternity leave policy was discriminatory, and the preferential treatment afforded to those returning from family leave in Sefton Borough Council v Wainwright (2014).

Holiday pay

We will review the recent decision of the EAT in Bear Scotland & Others v Fulton and others (2013) in relation holiday pay and overtime and consider the impact of this decision on the other local government pay elements and their inclusion in holiday pay calculations; what the appropriate reference periods should be; and what approach should be taken going forward to minimise liability.

TUPE Update developments

Where are we with TUPE?  Staff transfers are increasingly in the spotlight given the financial pressures on local government to look at new models for service delivery. For those involved dealing with TUPE it is essential to be up to date with this fast moving area of law and practice. In this session we will cover early  experience of the impact of the 2014 changes to TUPE and recent case law including; the scope for arguing that TUPE does not apply; whether atypical workers covered; the interaction between TUPE and post transfer redundancies/restructuring,  changing terms and conditions and harmonisation and equal pay.

Topics to be covered include:

  • Case law updates
  • Holiday pay updates
  • TUPE Update developments

Duration: Half a day (3 CPD points) including lunch

Speaker profiles:

Kim Howell, Partner at Geldards has 20 years’ experience of delivering strategic solutions in the field of employment across variety of sectors including the UK Government, The Welsh Government, Local Government, Further and Higher Education, Schools, the NHS and Housing. Kim has developed a practice that is renowned for designing innovative solutions to a variety of key challenges for local government, examples include designing a national strategy to manage multiple equal pay litigation and developing alternative strategies and plans to implement Single Status, despite Trade Union resistance. Enabling a number of English and Welsh local authorities to achieve significant changes to its terms and conditions. Kim also has expertise in managing staff transfer projects in public body mergers, PFI and outsourcing scenarios.

Kim has been heavily involved in workforce redesign projects and has been a member of a number of Government Steering Groups, on workforce redesign. She has recently been commissioned by the Welsh Government to draft guidance on employment issues associated with collaboration projects and has also been invited to join a Steering Group consisting of Chief Executives representing the full breadth of public sector services, to plan and develop the shape and requirements of public services in 2025.

Sarah Lamont is Bevan Brittan’s leading Partner on employment services for Local Government.  She has practiced employment law for over 20 years she has extensive experience of advising on restructuring (particularly at senior level), changing terms & conditions and redundancy programmes, Employment Tribunal claims, providing TUPE and associated advice in connection with new ways of working and service redesign (including the first council ABS) and discrimination.

How to book

To book a place on this seminar please contact Julie Scheller on 0845 272 5701 or email julie.scheller@freeths.co.uk

Please note, EM LawShare events are only open to existing members. Click here to learn more about becoming a member.

If you would like to send a list of registrants, please email Julie.Scheller@freeths.co.uk.