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Employment Training Catalogue


Brodies’ market-leading employment team provides bespoke employment law training, using interactive methods and an issue-based, case study approach. Detailed below are some of our most popular sessions, however, we can provide training on any employment-law related topic, and each of the sessions below can be adapted to meet your specific training needs, in the time you have available. Training can be delivered to large or small groups, and can be designed to suit any level within your organisation: employees; managers; or HR professionals.

Title & Overview Discipline and Grievance We give best practice advice on managing grievances and disciplinary action effectively and in compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures. The session will consider:ƒ The ACAS Code ƒ Minimising the risk of tribunal claims ƒ When it is appropriate to follow informal / formal procedures ƒ When and how to suspend employees ƒ Ensuring an appropriate level of investigation ƒ Interviewing witnesses ƒ Conducting effective meetings ƒ Reaching fair decisions ƒ Handling appeals ƒ Tricky issues, such as, employees who fail to attend meetings; overlapping disciplinary and grievance issues; disciplining employees for conduct outside of work. Performance Management This session focuses on the management of under-performing employees. We discuss:ƒ The aims of performance management ƒ The ACAS Code of Practice on Disciplinary and Grievance Procedures ƒ The issues to consider when investigating under-performance ƒ Convening and holding performance-related disciplinary hearings ƒ Warnings: when are they appropriate, and what procedure should be followed? ƒ How long should an employee be given to improve? ƒ Setting and reviewing targets for improvement ƒ When can an under-performing employee be fairly dismissed? ƒ The risks of unfair dismissal or constructive unfair dismissal claims ƒ Complicating factors, such as ill health and overlapping grievances Absence Management An effective absence management strategy can help to reduce employee absence levels and allow problem absentees to be fairly dismissed. This session includes guidance on:ƒ Fit notes: maximising their benefits and understanding their limitations ƒ Sick pay: how much should be paid; when can it be withheld ƒ Dealing with ‘sickies’ i.e. non-genuine absences ƒ When disciplinary action / dismissal will be appropriate, and the procedure to follow ƒ Medical reports: when to get one; from whom; the questions to ask; conflicting medical advice; employees who refuse consent ƒ Disability-related absences and the duty to make reasonable adjustments ƒ Illness / injury caused by an employer ƒ Holidays and sickness: long-term sick leave; employees falling ill during holidays ƒ Stress-related absences ƒ Alcohol and drug-related absences ƒ Pregnancy-related absences


Title & Overview Equality and Diversity We can design a session which provides either an introduction to, or an in-depth analysis of, discrimination law in the UK. We can cover all forms of discrimination including sex, race, age, religion, sexual orientation and disability. But if you would prefer a more focussed session, perhaps considering only disability or age discrimination, we can meet this need. We use practical examples and case studies to explain the concepts of direct and indirect discrimination, harassment and victimisation. We advise on the challenging issues arising from, for example:ƒ The impact of the Equality Act 2010 ƒ When employers are / are not liable for discrimination by employees or third parties ƒ Recruitment and selection ƒ Pregnancy and maternity leave; IVF ƒ Flexible working requests ƒ Religion and belief: dress codes; time off for religious days of rest / festivals ƒ Gender re-assignment: issues during the transition process ƒ Age: job adverts; length of service criteria for benefits / redundancy selection; retirement and the default retirement age ƒ Disability: identifying ‘disabled’ employees; the duty to make reasonable adjustments; sick pay; managing disability-related absences. Stress at Work, Bullying and Harassment Stress, bullying and harassment pose real risks for employers. The 2009 CIPD Absence Survey, for example, found stress to be the most common cause of long-term absence amongst non-manual employees. Our session will help you:ƒ ƒ ƒ ƒ ƒ ƒ ƒ

Recognise instances of bullying and harassment Recognise the symptoms of stress, and understand the potential causes Identify practical steps to reduce the risk of bullying, harassment and work-related stress Respond appropriately to complaints Understand when disciplinary action is appropriate Manage absences related to stress / bullying / harassment Comply with your legal obligations in terms of:o Health and safety legislation o Negligence o Working Time Regulations 1998 o Disability provisions of the Equality Act 2010 o Other discriminatory harassment o Contracts of employment o Unfair dismissal


Title & Overview Redundancy You may wish a general overview of redundancy or a session aimed at preparing your managers to carry out a redundancy exercise. We can help you minimise the risk of tribunal claims arising from redundancies by advising on the following:ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ

Identifying a genuine redundancy situation Issues with voluntary redundancy Selection pools: identifying the correct pool; interchangeable roles; unique roles Selection criteria: potentially fair / unfair criteria; issues with ‘last in, first out’ Individual and collective consultation Alternative employment: suitable alternatives; mobility clauses; employees on maternity leave; trial periods Redundancy payments Notice periods and holiday entitlement Tricky issues: employees on maternity leave; employees absent due to illness / disability; fixedterm workers; part-time employees

We can also provide a specialised session on the collective consultation obligations which are triggered when an employer proposes to make redundant 20 or more employees at one establishment within a 90-day period:ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ

Notifying DBIS Duration of consultation Identifying appropriate representatives Electing representatives and the requirements of the election process Providing information to representatives Ensuring consultation is ‘meaningful’ Special circumstances defence Protective award claims Preparing for collective consultation: practical steps

Atypical Workers In recent years, we have seen a dramatic shift away from the traditional employee, working full-time for a single employer under an open-ended contract of employment. Different working relationships and patterns look set to become ever more common. We can provide training on all aspects of atypical working, including:ƒ Employment status: identifying those personnel within your organisation who will be classed as ‘employees’; ‘workers’; or ‘self-employed’ and the impact of such classifications on their legal rights. ƒ

Agency workers: their employment status, and current rights; the Agency Workers Regulations 2010 (due to come into effect on 1 October 2011), and the right of agency workers under those regulations to equal treatment with those recruited directly.

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Fixed-term contracts: the rights of fixed-term employees, including pay and benefits packages; restrictions on successive fixed term contracts; dismissal of fixed-term employees; redundancy payments.

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Part-time working: the legal protections available to part-time workers and potentially tricky issues such as apportioning pay and benefits on a pro-rata basis; apportioning public holidays; overtime rates; availability of promotion; redundancy selection; flexible working requests; sex discrimination.

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Other aspects of atypical working, such as apprentices; casual workers; zero-hours contracts; consultants and self-employed contractors; home-workers and volunteers.


Title & Overview Family Friendly Rights Sessions can be designed to cover one or all of the following:ƒ

Flexible working: the statutory right to request flexible working; the procedure for considering requests; the potential for discrimination claims following a refusal to allow flexible working; the various forms of flexible working and issues relating to each:o Part-time working o Job-share arrangements o Compressed working week o Annualised hours o Term-time working o Home-working

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Pregnancy and maternity: the rights of pregnant employees and new mothers; health and safety and risk assessments; ante-natal appointments; pregnancy-related sickness; the duration of maternity leave; rights during maternity leave; statutory and contractual maternity pay; holiday entitlements; bonuses and other benefits; redundancy; keeping-in-touch days; rights on return to work; discrimination claims; transferring leave to fathers.

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Other family friendly rights: paternity leave and pay; additional paternity leave and pay; adoption leave; time off for dependents; parental leave.

Employment Tribunals We provide interactive and insightful training on the employment tribunal process. This can take various forms, including:ƒ

Mock employment tribunal hearing: This entertaining session provides an insight into the hearing itself through a live role-play. You’ll witness first-hand how a judge might react to evidence; a witness might crack under cross-examination; and how good preparation can help to secure a win on the day.

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How to run an employment tribunal: As an HR professional, you may wish to handle some or all stages of the tribunal process without external solicitors. We can provide comprehensive guidance on defending a claim, including drafting a written defence; obtaining additional documentation / information; identifying witnesses and drafting witness statements; preparing for and attending at an employment tribunal hearing.

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Employment tribunal overview: We discuss each stage of the tribunal process, focussing in particular on time limits; the different forms of hearing; costs / expenses; disclosure of documents; witness statements; tactics; and appeals.


Title & Overview Contracts of Employment ƒ

Drafting contracts: we can provide training on all aspects relating to the drafting of contracts of employment, including:o Mobility clauses o Clauses allowing for future variation of terms and conditions o Confidentiality clauses; restrictive covenants; garden leave o Shift-work; paid / unpaid overtime o Fixed-term / part-time / casual working contracts o Consultancy agreements

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Changing terms and conditions: we consider the options open to employers, and the common pitfalls:o Is the proposed change authorised by the contract? o Routes to variation: express consent; unilateral imposition; dismissal and re-engagement o The process for, and pros and cons of, each route o Changes connected to a TUPE transfer

TUPE The Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE’) provide employees with certain rights where the undertaking or business (or relevant part) in which they work is transferred. We consider the TUPE implications of business transfers, outsourcing and service provision changes, discussing:ƒ ƒ ƒ ƒ ƒ ƒ

How to identify relevant transfers Which employees transfer The impact of TUPE on the terms and conditions of transferring employees Transfer-related dismissals Employee liability information Information and consultation

Whistleblowing Workers are often anxious about the potential impact on their careers, should they raise issues within the workplace. Concerns about this led to the Public Interest Disclosure Act 1998. The Act protects workers from being dismissed or subjected to a detriment on the ground that they made a protected disclosure. We examine the following issues:ƒ ƒ ƒ ƒ ƒ ƒ

What is a ‘disclosure’? What must the subject matter of a disclosure be? To whom must a disclosure be made? Must disclosures be in the public interest / made in good faith? What if the allegations turn out to be false? Practical steps to reduce the business risk


Title & Overview Working Time HR practitioners and managers will be all too used to questions about holidays! ƒ

What is my entitlement? When can I take them? How much notice do I need to give? Can I be forced to take holidays during a ‘shutdown’? What if I fall ill during a holiday? What if I’m on long-term sick? What if I work part-time, or am on maternity leave? Will you pay shift supplements or commission during my holiday?

And equally as familiar with questions about working hours! ƒ

How many hours can I be made to work in a day / week? How many tea-breaks and days off am I entitled to? What break will I get between shifts? What if night-shifts affect my health? Can I ‘opt-out’ of the 48-hour maximum working week? What if I’m under 18? Am I ‘working’ when I’m on-call, travelling, training, or when I take work home in the evenings?

We cover all of these issues and more in our comprehensive round-up of the law on working time. Equal Pay Men and women are entitled to receive equal pay for equal work, in terms of the Equal Pay Act 1970. Seems simple enough! But the law in this area is notoriously complex. Our experienced team can demystify equal pay, discussing, for example:ƒ ƒ ƒ ƒ ƒ ƒ ƒ ƒ

Equality clauses Equal work: ‘like work’; ‘work rated as equivalent’; ‘work of equal value’ Comparators The ‘material factor’ defence Securing equal pay in your organisation: equal pay audits; job evaluation; red circling Handling complaints: grievances; questionnaires; what to investigate; defending a tribunal claim Pay secrecy clauses Disclosure of gender pay gap data

Hot Topics / Employment Law Updates We can deliver sessions on recent and forthcoming legislative changes, advising on their impact in relation to your business and the practical steps you can take to manage the change. We can also provide updates on the key case decisions from tribunals and the higher courts, analysing the impact of these, and the actions businesses should take as a result. Data Protection and Employment In partnership with the data protection specialists in Brodies’ technology team, we can provide training to guide you through the key principles of the Data Protection Act 1998, focussing on its implications for employers. We discuss:ƒ The rights of employees and obligations of employers ƒ Dealing with employee requests for information ƒ Health records ƒ Penalties


Title & Overview Industrial Action We can provide training on all aspects of industrial action, including:ƒ The legality of industrial action and key procedural requirements ƒ Interim interdicts: when can a strike be prevented? ƒ Who is entitled to strike? ƒ Disciplining / dismissing striking workers ƒ Restrictions on covering the workload of striking workers ƒ Picketing ƒ Potential union and employee liabilities ƒ Remedies available to employers


Fundamental: Management Development Training Brodies’ employment team also provide management development training for new or experienced managers as well as HR professionals. This can be delivered on a stand-alone basis, or in conjunction with our employment law training. Delegates are likely to benefit, for example, from a combined session covering both the legalities of performance management, and coaching and feedback skills; or from a session exploring the employment law issues relating to stress, with discussion of strategies for managing personal stress levels. The following are examples of the issues we can cover:ƒ

Assisting individuals in understanding and exploring the drivers of their own, and others, behaviour.

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Allowing individuals to identify and recognise instinctive behaviours which can be unhelpful when engaging with others, and understand how behaviour breeds behaviour.

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Key influencing and motivating skills, such as relationship building; effective communication and listening; coaching and feedback;

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Stress and time management.

15 Atholl Crescent Edinburgh EH3 8HA T 0131 228 3777 F 0131 228 3878

2 Blythswood Square Glasgow G2 4AD T 0141 248 4672 F 0141 221 9270

www.brodies.com


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