TRAINING
From Tods Murray’s Employment Law Team
WITH OUR EMPLOYMENT LAW TRAINING WE OFFER OFF THE SHELF OR BESPOKE TRAINING TAILORED TO THE REQUIREMENTS OF YOUR BUSINESS. TRAINING CAN BE DELIVERED AT OUR OFFICES IN EITHER EDINBURGH OR GLASGOW OR AT YOUR OWN OFFICE AND CAN BE TAILORED TO SUIT ANY LEVEL, WHETHER THAT BE HR PROFESSIONALS, SENIOR OR MID MANAGEMENT LEVEL. This brochure outlines some of the most common topics which arise, however if you would like to discuss more specific training requirements, whether related to one of the topics in this brochure or not, please contact us and we will be happy to do discuss your employment law training needs of your business.
Typically, our standard training sessions will last around 2 – 2.5 hours.
The sessions can be adapted to suit specific training needs.
Our Training Sessions will count towards CPD and each session offers at least 1.5 verifiable CPD hours.
The length of any training session will be dependant on your business requirements and this, together with the cost, can be discussed to ensure that you get the most from the session.
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Browse through our wide variety of training sessions that we offer and at the back of this brochure are details about how you can get in touch with us for more information or to book a training session.
PRAISE FOR OUR TRAINING
“Overall very good, have enjoyed the event” “REALLY USEFUL & PRACTICAL” “Very useful and thought provoking” “THANK YOU - VERY USEFUL EVENT”
The training sessions
1. Disciplinary and Grievance handling 2. Redundancy refresher 3. Key concepts: the equality act 2010 4. foundations of tupe 5. family friendly employment law 6. age discrimination retirement & age related criteria 7. getting the most from your contract of employment 8. managing sickness absence 9. bribery act 10. data protection in employment 11. social media 12. managing stress in the workplace 13. performance management 14. recruitment
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Disciplinary and grievance handling
Redundancy refresher
Getting your disciplinary and grievance processes right is key to achieving a fair dismissal. Key areas of focus in this session will be:
This session will focus on the key considerations for employers when faced with making redundancies, in particular:
• A refresher on the requirements of the ACAS Code • Tips on carrying out an effective and reliable investigation • Interviewing witnesses • Suspension - when is it appropriate? • Reaching a fair decision • Deciding on the appropriate sanction This session is designed to help you get to grips with the key issues surrounding disciplinary and grievance and is intended to address some of the difficult questions which can often arise in practice. For example; • Are you asking the right questions when interviewing? • What are the risks of suspending pending investigation? • What are the most common pitfalls and how can they be avoided?
• The legal framework What is a “genuine” redundancy situation • Redundancy v restructure: a look at the subtle differences in procedure • How to follow a “fair” redundancy process - Identifying the appropriate pool - Where do you draw the line? - Selection criteria: the “good” and the “bad” - Selection for redundancy v selection for a ‘’new’’ post; - What are the differences? - How can the distinction assist your business in practice? - Fair application of the selection criteria - Bumping - what is it and when should it be considered? • Alternatives to redundancy • Individual consultation • Suitable alternative employment This session can be adapted so as to cater for collective redundancy training requirements. The process of achieving a fair dismissal on grounds of redundancy can often throw up some difficult issues for employers;
2010 There was a large increase in the number of firms with formal cPD schemes from 50%
78%
in 2004 to 78%
- - -
Should the proposed selection pool truly be a pool of one? Have you considered potentially transferable skills? Are your proposed selection criteria discriminatory or open to criticism?
in 2010.
50%
These are some of the important issues which will be considered during this session. Having clear grounds for potential redundancies / a potential restructure coupled with a transparent process will undoubtedly assist your business should you be faced with an Employment Tribunal claim.
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KEY CONCEPTS: THE EQUALITY ACT
FOUNDATIONS OF TUPE
A general overview of the key provisions of the Equality Act 2010, it will cover:
The Transfer of Undertakings (Protection of Employees) Regulations 2006 (“TUPE”) affords certain rights and protections to employees where an undertaking or business in which they work is sold or transferred. A TUPE transfer can arise in various different situations, from a sale of a business, a service provision change or outsourcing of a service.
• What is protected? • Types of discrimination • Victimisation • Harassment • Pre-employment health questions Given the potential for uncapped compensation, discrimination type claims are the claims which employers often fear the most. This session is designed to give you an overview of the key concepts and to help you understand the protection afforded to individuals under the Act, together with the obligations on your business as an employer.
The aim of this session is to develop a knowledge and understanding of: • When a transfer takes place • The rights and protections of affected employees • The impact on terms and conditions of employment • Informing and consulting employees • The requirements in relation to employee liability information • Identifying the circumstances which could give rise to automatic unfair dismissal claims • Implications of pre-automatic and post-transfer redundancies With the risk of your business facing potential automatic unfair dismissal complaints and claims in relation to failure to inform and consult with employees about TUPE transfer, an understanding of when TUPE transfer can arise and what you need to do is key. With the use of some ‘’real life’’ scenarios, this session is designed to give you a practical steer through the Regulations and how they impact your business.
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FAMILY FRIENDLY EMPLOYMENT LAW
AGE DISCRIMINATION RETIREMENT & AGE RELATED CRITERIA
• Flexible working
The abolition of the default retirement age has left many employers wondering where they stand on the topic of retirement. This session will cover the choices open to employers, the possibility of operating an Employer Justified Retirement Age (“EJRA”) and explore how employers can attempt to objectively justify an EJRA. Recent case law in this area will be considered.
• Pregnancy & Maternity • Rights of pregnant employees - maternity leave and pay - relationship with paternity leave and pay - redundancies during maternity leave - right to return - pregnancy-related sickness absence • Paternity Leave • Adoption Leave
Your business requires you to consider the following questions: • What are the advantages and disadvantages associated with continuing to operate and enforce a specific retirement age? • What is your business rationale for its chosen retirement age? Does that rationale ‘stack up’ in practice?
• Time Off for Dependants • Parental Leave
• If you think that an employee is underperforming because of their age, how are you going to address this situation? This session will help you answer these questions.
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GETTING THE MOST FROM YOUR CONTRACT OF EMPLOYMENT
MANAGING SICKNESS ABSENCE
The contract of employment is an important tool for employers in that it can be used, to a certain extent, to dictate the nature of the employment relationship and can if drafted appropriately afford employers with a degree of protection upon the employment relationship coming to an end.
Absence can have serious consequences for the day to day operation of an employer’s business. Knowing how to manage absence effectively whilst observing the protections afforded to employees is key. This session will consider:-
This session will take a look behind some familiar provisions of the contract of employment to see how they can best be used to protect your business:• Restrictive covenants • Confidentiality • Mobility clauses • Garden leave • Considering implied terms
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• Long term sickness absence • Sick pay and sickness absence • Getting the most from an Occupation Health or GP Referral • Obligations under the Access to Medical Reports Act 1988 • Dealing with disability-related absence • The duty to make reasonable adjustments • Holidays and sickness absence With the use of ‘’real life’’ scenarios, this session will guide you through some difficult issues and how these can be dealt with, taking account of both your legal obligations as an employer and practical considerations.
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Bribery act
data protection in employment
Since July 2011, businesses have been exposed to possible criminal prosecution under the Bribery Act 2010 if one of their employees, agents or associates commits bribery and the company failed to have adequate procedures in place to try and prevent this. The penalties for bribery are high: for organisations, an unlimited fine and the possibility of exclusion from all public contracts throughout Europe and for individuals up to 10 years in prison and/or a fine. This is quite apart from the reputational damage that allegations of bribery can cause.
The Data Protection Act 1996 is a well-known minefield for employers. This session will explore the main issues arising under the Act:
Staff training and awareness of the potential implications of the Act is imperative to your business. The following key issues will be addressed as part of this training session: • What constitutes a bribe? • What are “adequate procedures”? • The type of procedures and safeguards that can be put in place to attempt to prevent bribery. • A discussion on what activities are permissible under the Act and where the Act leaves corporate entertainment.
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• Data protection and recruitment • Dealing with subject access requests • Complying with the data protection principles • Retention of staff records • Potential sanctions for breach Given the potential for action by the Information Commissioner and the potential imposition of fines up to £500,000 under the Data Protection Act 1996, an understanding of the obligations on your business is key.
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Social media
MANAGING Stress in the workplace
The contract of employment is an important tool for employers in that it can be used, to a certain extent, to dictate the nature of the employment relationship and can if drafted appropriately afford employers with a degree of protection upon the employment relationship coming to an end.
Absence can have serious consequences for the day to day operation of an employer’s business. Knowing how to manage absence effectively whilst observing the protections afforded to employees is key. This session will consider:-
This session will take a look behind some familiar provisions of the contract of employment to see how they can best be used to protect your business:• Restrictive covenants • Confidentiality • Mobility clauses • Garden leave • Considering implied terms
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• Long term sickness absence • Sick pay and sickness absence • Getting the most from an Occupation Health or GP Referral • Obligations under the Access to Medical Reports Act 1988 • Dealing with disability-related absence • The duty to make reasonable adjustments • Holidays and sickness absence With the use of ‘’real life’’ scenarios, this session will guide you through some difficult issues and how these can be dealt with, taking account of both your legal obligations as an employer and practical considerations.
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performance management
Recruitment
Since July 2011, businesses have been exposed to possible criminal prosecution under the Bribery Act 2010 if one of their employees, agents or associates commits bribery and the company failed to have adequate procedures in place to try and prevent this. The penalties for bribery are high: for organisations, an unlimited fine and the possibility of exclusion from all public contracts throughout Europe and for individuals up to 10 years in prison and/or a fine. This is quite apart from the reputational damage that allegations of bribery can cause.
The Data Protection Act 1996 is a well-known minefield for employers. This session will explore the main issues arising under the Act:
Staff training and awareness of the potential implications of the Act is imperative to your business. The following key issues will be addressed as part of this training session: • What constitutes a bribe? • What are “adequate procedures”? • The type of procedures and safeguards that can be put in place to attempt to prevent bribery. • A discussion on what activities are permissible under the Act and where the Act leaves corporate entertainment.
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• Data protection and recruitment • Dealing with subject access requests • Complying with the data protection principles • Retention of staff records • Potential sanctions for breach Given the potential for action by the Information Commissioner and the potential imposition of fines up to £500,000 under the Data Protection Act 1996, an understanding of the obligations on your business is key.
I will
CErTainlY advise my team to a ttend future sessions. good shorT sharP CPd . HR Director of a leading Scottish Government body
To discuss your Training options or requirements please get in touch with one of our Employment Law Team by calling 0131 656 2000 or email Chris Leitch, Partner and Head of the Employment Law Team chris.leitch@todsmurray.com. If you have a specific training topic which does not feature in this booklet, we would welcome speaking to you about your specific requirements and tailoring a training session which will suit your needs.
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Edinburgh
Glasgow
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Registered Office DX ED58
DX 512815 - Glasgow Central
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Tods Murray LLP is a limited liability partnership registered in Scotland, number SO300337 and its solicitors are regulated by The Law Society of Scotland.
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