CPD Hours Level
Conference expert panelInformation 6 UpdateInformation
SRA Competency B


Chaired by Dominic Regan, this is an ideal opportunity to keep up to date with the latest developments in employment law. This annual conference reviews the key current issues, ranging from recent case law on whistleblowing, through to the remedies and steps employees can take to prevent equal pay breaches arising together with recognition and freedom of association in the light of the Boots and Cordant litigation.

What You Will Learn

This Conference will cover the following topics:

9.30am - 10.15am: Workers’ Status

Professor Dominic Regan, Solicitor, Legal Trainer and Visiting Professor, City University London

The decisions keep on coming! Those who thought that Pimlico Plumbers would see off this issue were so wrong. The split Court of Appeal decision in the Uber action heralds another outing to the Supreme Court.

This session will cover:

  • Gig economy cases
  • How Deliveroo has been successful in defeating worker claims
  • Delegation clauses
  • The Unite deal

10.15am - 11.00am: Equal Pay

Chris Benson, Leigh Day

Equal pay is back in the news with claims now springing up in the private sector. Like the public sector and NHS claims of a few years ago these claims also involve many thousands of claimants and have huge value to claimants and employers.

The session will set out a summary of recent developments and also look at:

  • Commencement of proceedings and venue
  • Who can be a comparator
  • How are the jobs of men and women assessed
  • What defences are open to employers
  • Remedy and steps employees can take to prevent equal pay breaches arising

11.15am - 12.00pm: Holiday Pay: An Update

Peter Linstead, Outer Temple Chambers

This session comprehensively reviews the implications arising out of recent and future developments on holiday pay and will cover the following important topics:

  • Holiday pay and rollover after King v Sash Windows
  • An update on overtime and commission
  • Back pay and limitation
  • Challenges to the Deduction from Wages (Limitation) Regulations 2014 and the Fulton gap
  • Rest breaks in European law
  • What next?

12.00pm - 12.45pm: Whistleblowing: Problems and Pitfalls - From PIDA to NDA

Adrian Lynch QC, 11 KBW

The position of the whistleblower has always been fraught with problems. From the inadequacies in the legislation through to the many concerns which have arisen in terms of distinguishing for example, between the genuine whistleblower and the spiteful or reckless worker who raises some spurious supposed concern in order to injure others.

Most recently whistleblowing has come back into the headlines with organisations in both the public and private sector signing up employees to Non-Disclosure Agreements (NDAs) the terms of which seek to prevent staff from reporting wrongdoing to external bodies.

In the above context this session will cover:

  • Disclosures ‘in the public interest’ and what that means
  • Where are we with regard to ‘in good faith’ and ‘reasonableness’?
  • The distinction between making ‘allegations’ and making complaints containing information that could be allegations
  • The issue of the vicarious liability of the employer Royal Mail v Jhuti and Osipov
  • The background to the use of NDAs 2019
  • Recent case histories: Green, Weinstein, the University cases and other horror stories
  • Troubled waters: the legality and ethics of using NDAs to prevent whistleblowing in harassment cases

12.45pm - 1.00pm: Questions on Morning Session

2.00pm - 2.50pm: Collective Bargaining and The Recognition Process

Sarah Fraser Butlin, Cloisters

The international landscape of freedom of association has seen many changes with significant impacts on our domestic understanding of collective bargaining and the recognition process. The interplay between the broader international perspective and the domestic nitty gritty involved brings considerable challenges for practitioners that we will be seeking to unpick.

This session will cover:

  • The meaning and scope of collective bargaining
  • Collective bargaining as a fundamental right
  • The recognition process
  • Recognition and freedom of association, in light of the Boots and Cordant litigation
  • Implications of collective bargaining for individual contracts

2.50pm - 3.40pm: Territorial Jurisdiction: Where Are We Now?

Ben Collins QC, Old Square Chambers

The Courts have grappled repeatedly with the question of the territorial scope of the Employment Rights Act 1996 and Lord Hoffmann’s famous judgment in Lawson v Serco has been reconsidered on many occasions.

In the global employment market place, identification of the reach of UK employment law is of increasing importance. This session will consider some of the important recent developments including:

  • Recent dismissal cases
  • Expatriates, peripatetic and posted workers
  • Whistle blowing claims
  • Equality and discrimination
  • EU and ECHR law

3.55pm - 4.45pm: Vicarious Liability

Professor Dominic Regan, Solicitor, Legal Trainer and Visiting Professor, City University London

The law was on the move said Lord Phillips in 2012. How prescient he was.

One Supreme Court appeal has just settled but two more cases are on the way to a hearing there, and may be joined by a third matter.

This session will cover:

  • What is the correct test for liability?
  • Responsibility for people who are not employees
  • Commercial fraud
  • When is violence ‘in the course of employment’?
  • Morrisons data leak liability

4.45pm - Close: Questions & Answers

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Conference | 24.10.2019

London | 9:30am - 5:15pm

Employment Law Conference - Review of the Year 2019

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9:30am - 5:15pm
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