Legal Skills: Employment Law Practitioner: a complete approach

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Course Overview

This 3-day course takes participants through the entire employment journey: from recruiting staff, to the employment contract, typical workplace issues that arise during employment, and finally, how to deal with terminating employment. This practical course uses case studies to illustrate the key concepts, and provides a framework for participants to analyse and apply the law at work.

Audience

Personnel practitioners responsible for employment law issues within their organisation. No prior knowledge of employment law is required.

Intermediate level course - some previous experience of the subject is assumed.

Skills Gained

By the end of this course, you will 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.

Outline

Creating the employment relationship

• • the recruitment process (including job offer letters, references, probationary periods, criminal checks, avoiding discrimination claims, work permits and visas)
  • preparing contracts of employment express and implied terms, suggested clauses
  • changing terms and conditions of employment
  • defining employee status
  • 'workers', 'employees' and part-timers
• Maintaining the employment relationship
  • dealing with, and rights to request flexible working
  • maternity, paternity, adoption and parental leave
  • working time and recent cases
  • tackling data protection issues (including sensitive and non-sensitive data, access to personal files, human rights issues, monitoring and surveillance)
  • health and safety
    • providing a safe working environment
    • the employer's responsibilities and the extent of liability
    • dealing with stress, personal injury claims and disability discrimination
  • avoiding discrimination
    • legislation and recent case law
    • Age Discrimination Regulations 2006
    • equal pay and questionnaire procedures
    • positive action and genuine occupational requirements
    • avoiding bullying and harassment
  • grievance and disciplinary processes
    • best practice, recent case law
    • conducting grievance and disciplinary hearings
    • appeals and their importance
  • TUPE: what is it and when will it apply?
    • contracting-out/outsourcing, the ETO defence
    • 2006 regulations and latest cases
• Terminating the employment relationship
  • wrongful, unfair and constructive dismissal
  • redundancy
  • practice and procedure at employment tribunals
  • compensation, re-engagement or re-instatement
  • alternative dispute resolution, the role of Acas and compromise agreements.

Legal Skills: Employment Law Practitioner: a complete approach / CM11163