In this webinar, former Employment Judge and Trinity CEDR Accredited Mediator, Michael Malone and Trinity Employment Law barrister Morgan Brien explore redundancy and sex discrimination in the context of COVID-19 and a gradual return to work under the "new normal".
As part of the fall out from the Coronavirus pandemic there are forecasts of significant job losses. "Last in first out" is traditionally the criterion adopted by employers in terms of avoiding unfair dismissal claims, however, it could cause particular disadvantage to women if they are the most recent recruits for certain jobs.
In addition, there is the challenge of women unable to return to work in businesses which reopen in the near future because the closure of schools and nurseries means that they need to be at home to look after their children.
Where employers make special arrangements for female employees, they also need to bear in mind that there are also men who, for various reasons, are primary carers and who can only work from home. Failure to do so could lead to direct discrimination claims.
Then there is the interplay between employment issues such as redundancy, reorganisations and working arrangements on the one hand, and pregnancy and maternity rights on the other.
Against this background, Trinity Chambers' latest employment law webinar examines the following:
- Redundancy & Sex Discrimination - Legal Overview
- Individual & Collective Consultations
- Selection Criteria
- Maternity Issues
- Remote Working & School Closures
A full list of the cases referred to during the session can be downloaded here.
With his background of being a full time employment tribunal judge for many years that also involved him in undertaking judicial mediations, Michael Malone is a CEDR accredited mediator. He mediates all aspects of civil and employment law disputes. As a retired employment judge, Michael is also able to offer Early Neutral Evaluation of employment disputes - covering either the case as a whole or specific legal issues. This service can be particularly useful in facilitating early settlement of cases involving complex points of law, such as many equal pay, discrimination and ‘whistle-blowing’ cases.
As mentioned in the webinar and in response to the implications of the Coronavirus pandemic, Trinity's Employment team can provide a comprehensive range of pragmatic and cost effective services for the benefit of clients, including remote working, as follows:
- (Early) Neutral Evaluation (ENE/NE)
Trinity offers a quick, cost effective and easy to use online dispute resolution service. Trinity Chambers can undertake either NE/ENE depending on the stage the case has reached. Trinity Chambers boasts a range of experienced practitioners, including part-time judges and a well-regarded former employment judge, who can provide clear (non-binding) guidance on case outcomes enabling parties to attempt to settle cases which will otherwise take a considerable time to reach a hearing. - Mediation
An established form of alternative dispute resolution (ADR), Trinity Chambers’ team of former and part time judges and qualified mediators are happy to provide this cost effective and swift mechanism for resolving employment disputes at any stage. - Preliminary Hearings – case management, substantive and costs hearings
All of Trinity Chamber’s Employment Team members are available for all remote preliminary hearings in the Tribunal, by telephone or video link. Trinity is happy to assist Solicitors and Tribunals in ensuring video hearings run smoothly and effectively, both locally and nationally. - Employment Final Hearings (liability and remedy)
Trinity's barristers have been involved in piloting and delivering mock video trials and are comfortable and proficient in conducting trials remotely. - Barristers Surgeries/Advisory Work
In these times of remote working fee earners and team members may need additional support and assistance as they are inevitably more isolated from libraries, colleagues and other legal resources. Trinity is happy to offer a surgery service where your teams or team members can make an appointment to “pick the brains” of Counsel.
Trinity Chambers’ Employment and Clerking team are more than happy to spend some time discussing the various options available, the process, technical requirements and likely fees. Please do not hesitate to get in touch with the clerking team who are operating a full service. The clerks can be contacted at civilclerks@trinitychambers.co.uk or by telephone on 0191 232 1927.
Please note that the content of the webinar is for information only and based on the circumstances at the time of delivery, rather than formal legal advice. Please get in touch with Trinity Chambers if you have a specific legal query.