The Employment Law Practitioner - a complete approach

Course details

Details

The Employment Law Practitioner - a complete approach guides you through the entire employment journey: from recruitment, employment contracts and typical workplace issues that arise during employment, to terminating employment. It uses detailed case studies and group discussions to illustrate the key concepts, and provides a framework for you to analyse and apply the law at work.

Run as it features here, or run in-house where the content can be tailored to suit your organisational needs; cost effective if a number of people require training. 

Course Tutors

Mrs Antonia McAlindin

Antonia is a qualified barrister - specialising in labour law. In addition, Toni is a Companion of the Chartered Institute of Personnel and Development and an Employment Tribunal Member. She is past Chair of both the CIPD Scottish Partnership and the Women's Legal Defence Fund Scotland and a former Member of CIPD’s national committees on Employment Relations and Equal Opportunities, and a current member of its Employment Relations Panel. She was a part-time lawyer with the Citizens Advice Bureau and a member of the CBI Employment policy Panel, an Adviser to an NHS Trust and an Associate of the Edinburgh Human Resource Academy at Napier. She was formerly a Board Member of the Employment Research Institute at Napier University, a member of the Employment Forum. She was a member of the Court of Stirling University for 6 years and for 10 years was a member of the board of a Further Education College.

Mr Sanjiv Ahluwalia

Sanjiv Ahluwalia LLM (Employment Law) LLB (Hons) is a practising solicitor. Sanjiv has held positions in private practice and local government, and spent five years in the oil industry, working as a legal adviser to two major oil companies.  He was Legal and Commercial Adviser at the Federation of Recruitment and Employment Services (now known as REC - a trade association for the recruitment industry) and subsequently worked as Associate Director of Employment Law Services for a training company. Sanjiv is an experienced lecturer, trainer and consultant in employment law and has written widely on legal issues of practical interest and importance to HR specialists, line managers and lay people generally. Sanjiv is a member of the Employment Lawyers Association. Sanjiv runs his own practice, providing a consultancy service to a wide range of clients. He has acted for employees and employers in cases involving various employment issues.

Mr Derek Eccleston

Derek is an experienced and highly practical Consultant; a specialist in Employment Law, with an in-depth knowledge of H.R. and Employee/Industrial Relations, gained from operating in three industries - Financial Services, Engineering and Local Government. This was followed by 6 years experience in the Employment Department of a well respected firm of Solicitors, prior to setting up his own Consultancy in 2001. A skilled, very interactive and experienced presenter. Derek is also author of a number of Employment Law publications. He is a Personal Tutor on the Institutes Advanced Employment Law Award programme and presents Public and In-Company events for the Institute.

Who is it for

Whatever your current level of experience, if you're an HR practitioner with responsibility for employment law issues within your organisation, or building on an existing career in HR, this is one course you don't want to miss out on.

Benefits

By the end of The Employment Law Practitioner - a complete approach, you'll be able to:

• assess your organisation’s employment policies and procedures from a legal perspective
• apply the law effectively to your organisation’s employment practices and procedures
• provide clear guidance on resolving the legal issues that arise at work, in accordance with best practice.

Programme

Creating the employment relationship

• The recruitment process (including job offer letters, references, probationary periods, criminal checks, avoiding discrimination claims, work permits and visas, immigration rules, vetting and barring)
• Preparing contracts of employment – express, implied and incorporated  terms, suggested clauses
• Changing terms and conditions of employment
• Defining employee status - 'workers', 'employees' and part-timers, fixed term contracts, zero hours, employee-shareholder
• Using agency staff and 'casuals'
• Employing young people - best practice
• National Minimum Wage

Maintaining the employment relationship

• The right to request flexible working (changes in 2014)
• Maternity, paternity, adoption and parental leave
• Time off for dependents
• Working time and recent cases
• Tackling data protection issues:

             - Sensitive and non-sensitive data

             - Access to personal files and human rights issues

             - Monitoring and surveillance

             - Confidentiality

             - The use of internet/email/social media

• Health and safety: 

             - Providing a safe working environment

             - The employer’s responsibilities and liability

             - Dealing with stress, personal injury claims and disability discrimination

• Avoiding discrimination:

             - The Equality Act 2010

             - Protected characteristics

             - Direct and indirect discrimination

             - Associative and perceptive discrimination

             - Victimisation

             - Equal pay and case law

             - Positive action and  occupational requirements

             - Avoiding bullying and harassment

• Managing performance

             - Absence, short and long-term

             - Conduct and capability

             - Dealing with poor performance

             - Fit for Work Service

• Grievance and disciplinary processes:

             - ACAS Code of Practice: Disciplinary and Grievance Procedures

             - The grievance process

             - Best practice, recent legislation and case law

             - Disciplinary procedures

             - Conducting grievance and disciplinary hearings

             - Witnesses and statements

             - Appeals and their importanceAvailable sanctions

TUPE: What is TUPE and when does it apply?

• Business transfers
• Change of service provision
• The ETO defence

Terminating the employment relationship

• Reasons for dismissal: wrongful, unfair and constructive
• Redundancy – who and now to select, individual and collective consultation,
• Re-deployment
• Retirement
• Alternative dispute resolution, including Acas
• Constructive, unfair and wrongful dismissal
• Compromise agreements

Employment Tribunals

• Types of claim, who can claim
• Practice and procedure fees
• Costs, compensation, re-engagement and re-instatement
• Employment Tribunal Rules of Procedure

Programme is subject to change pending new developments.