UK Employment Law Update March 2015
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1 Webinar UK Employment Law Update March 2015 Paul Callegari, Partner Emma Thomas, Senior Associate Copyright 2014 by K&L Gates LLP. All rights reserved.
2 Presenters Paul Callegari Partner London T +44 (0) F +44 (0) paul.callegari@klgates.com Emma Thomas Senior Associate London T +44 (0) F +44 (0) emma.thomas@klgates.com klgates.com 2
3 Agenda 1. In case you missed it 2. Feature: (1) insurance coverage issues for expats Discussion with Frank Thompson, Partner, K&L Gates 3. Feature (2): Election Special 4. Q&A klgates.com 3
4 In case you missed it National Minimum Wage Recommended increase of 3% approved by Government new rates in force on 1 October 2015 ( 6.70 per hour for adults) ACAS revises guidance on accompaniment at Disciplinary and Grievance meetings legislation: request for a companion has to be reasonable reasonable relates to making of request, not choice of companion absolute right to bring a companion that is a fellow worker or trade union representative Employer s knowledge of disability Donelien v Liberata UK Ltd Reasonable, not perfect, efforts required to avoid constructive knowledge of disability klgates.com 4
5 In case you missed it (cont.) Reasonable investigation into misconduct Shrestha -v- Genesis Housing Association Limited Not every line of defence needs to be investigated klgates.com 5
6 Feature: (1) insurance coverage issues for expats/internationally mobile employees Frank Thompson, Partner, K&L Gates LLP T +44 (0) frank.thompson@klgates.com klgates.com 6
7 Rai -v- Legal & General Assurance Society (2015) Mr Rai based in UK but relocated to India at employer s request Died in car crash 6 months later Death in service policy denied coverage if employee no longer ordinarily employed and resident in the UK Mr Rai not covered even though: intended to return to UK in the future UK employer - insufficient to establish link Action points: consider terms of policies before employees move abroad range of options available if additional coverage required klgates.com 7
8 Feature (2): Election Special Conservative Party End use of zero-hours contracts to increase the mobility of workers Pass new British Bill of Rights giving UK Parliament final say on human rights matters Amend rules on strike action to include a requirement for 40% of union members to vote in favour of strike action Possible maternity pay for self-employed mothers Labour Raise National Minimum Wage to 8 an hour Give workers on zero-hours contracts a right to a regular contract if they work regular hours and compensation if shifts cancelled at late notice Provide tax breaks to business that sign up to pay the living wage Reform the Employment Tribunal system, especially fee requirements Double length of paid paternity leave and boost paternity pay by over 100/week klgates.com 8
9 Feature (2): Election Special Liberal Democrats Create a new Workers Rights Agency as a one-stop shop for the enforcement of workers rights and to educate employers about workers rights Introduce an extra 4 weeks paternity leave, in addition to shared parental leave Require companies with 250+ employees to publish the average pay of men and women at each pay grade Scottish National Party (SNP) Full devolution of employment law to Scotland Pay the living wage to all employees covered by the Scottish Government s pay policy as a central priority Introduce a gender quota for all public boards to ensure women are better represented klgates.com 9
10 Feature (2): Election Special United Kingdom Independence Party (UKIP) Allow business to discriminate in favour of young British workers Exit the EU and end principle of the free movement of labour Repeal Human Rights Act and replace with a new British Bill of Rights to elevate interests of law-abiding citizens over those of criminals Abolish the Agency Workers Directive klgates.com 10
11 Webinar UK Employment Law Update March 2015 Paul Callegari, Partner Emma Thomas, Senior Associate Copyright 2014 by K&L Gates LLP. All rights reserved.
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