1. Equality Liaison Officers’ Seminar Legal Update 17 November 2014
Presented by:
Emma Hawksworth and Juliette Franklin

2. Agenda Grievance/Fairness at Work issues Acas Early Conciliation
Employment tribunal fees and claims
Family leave cases
Whistleblowing case study

3. Grievance procedures
Training provided to advisors not to make findings of discrimination
Any findings of discrimination deleted from early drafts before being sent out
Reliance on overlap between Fairness at Work and wrongdoing procedures was not accepted by the tribunal
Check approach in your forces

4. Early conciliation In force since 5 May 2014
Claimant must notify Acas of Claim before bringing ET claim
Simple online form
1,600 cases notified per week

5. Early conciliation 11,355 cases completed EC in April – June 2014
16% settled
19% indicated not pursing claim
65% unresolved by EC process

6. Employment tribunal claims brought 2010 to date

7. Tribunal awards

8. Family leave cases
Removal of police dog during pregnancy was an unlawful detriment
MPS v Keohane (EAT)
Dismissal for absence for post-natal depression was not unlawful discrimination
Lyons v DWP Jobcentre Plus (EAT)

9. Family leave cases
Paying paternity pay at rates lower than maternity pay does not directly discriminate against men
Shuter v Ford Motor Company (ET)
Time off for dependents – procedure must be followed carefully
Ellis v Ratcliff Palfinger Ltd (EAT)

10. New rights for employees
Employee’s rights
For police officers
June 2014: Right to request flexible working for all employees with 26 weeks service
October 2014: right for partners to attend two ante-natal appointments
For babies due 5 April 2015: shared parental leave
Flexible working
No statutory right to request
CoP guidance
new Acas guidance
Changes to family leave rights require amendment to Police Regulations

11. Whistleblowing
Manner of pursuing complaints can be distinguished from the complaints themselves
Dismissal for the way in which protected disclosures are pursued can be lawful
Panayiotou v CC Hampshire (EAT)

12. Some current issues Flexible working
Disability discrimination in dyslexia cases
Issues for carers

13. Questions