Annual Conference 2024

Programme Overview
From 9.15am: Registration and Tea/Coffee
9.45am: Welcome from the Chair and highlights of the year
10.00am: Plenary Session
11.30am: Tea/Coffee
12.00pm: Breakout Session 1
1.15pm: Lunch
2.30pm: Breakout Session 2
3.45pm: Tea/Coffee
4.15pm: Breakout session 3
5.30pm: Close of conference
5.30pm: AGM
6.00pm: Drinks Reception
7.00pm: Dinner
10.00pm: Close

Prices
From 1 February 2024, the rates will increase and only the following the following options will be available to book:
Standard fee (at 2024 rate): £390 + VAT 
Voluntary or Not-for-profit fee: £195 + VAT
Pupil barrister or barrister under 2 yrs call fee: £195 + VAT
Dinner: £55 + VAT

Cancellation policy
Payment for event bookings is due immediately on completion of the booking and all payments must be received by ELA before the event date.

We accept cancellations (less 20% administration charge) up to fourteen days before the event date (by 18 April 2024). Cancellation requests must be made in writing by emailing ela [at] elaweb.org.uk. Thereafter the full charge is payable and no refunds can be made.

Delegates may be substituted at any time at no extra charge, provided the substitute is a member of ELA. The organisers reserve the right to alter the programme and speakers should the need arise.

Accommodation
The conference and dinner fees do not include accommodation.

There are a number of hotels close to the venue. A list of nearby hotels can be found here.

Programme
To allow us to ensure that Conference is as relevant as possible, the full programme is not finalised until a month before. All members subscribed to receiving ELA emails will be notified of sessions as they are confirmed. 

Confirmed Breakout Sessions

Beyond ‘Bad Apples’: D&I and misconduct in financial services
Speakers: Elliot Bates, Associate General Counsel (Employment), Deutsche Bank; Phil Linnard and Adrien Mallevays, Slaughter and May

Regulators are shining a spotlight on diversity, inclusion, and non-financial misconduct in financial services. But risks associated with affirmative action and positive action / discrimination make this a highly sensitive issue. What does this mean for employers in this sector, and those advising them? This session will provide both legal analysis and a practical perspective on some of the key issues generated by the FCA/PRA consultation, including:

• What is meant by “diversity”, “inclusion” and “non-financial misconduct” in this context.
• The challenges of collating and using broader diversity data from employees.
• When does positive action to achieve a D&I strategy become positive discrimination?
• Is the backlash against affirmative action in the US likely to spread and impact D&I policies in the UK?
• Should employers be concerned with historic allegations and those outside of employment?
• Are NDAs ever appropriate in cases of alleged harassment or bullying in this context?

Company Law Issues for Employment Lawyers
Speakers: Dale Martin KC and Blathnaid Breslin, Littleton Chambers

When directors and shareholders fall out, the same facts can give rise to a wide variety of employment, company law and contractual issues, many of which will be litigated in different forums. This can create traps for the unwary. This talk is designed to arm employment lawyers, who are used to viewing such disputes through an ‘employment’ lens, with an understanding of the relevant company law concepts. As it is given via the medium of a problem solving scenario, which is considered from each party’s perspective, it is highly practical rather than a dry look at technical company law.

Topics covered include :-

• Strategic issues in private company disputes where the actors wear different hats at the same time as directors, shareholders, employees and (sometimes) business sellers or quasi-partners.
• Risk of concurrent proceedings in ET/Companies Court/Injunctive Relief. How each side could turn this to their advantage.
• The relevance of SPAs, shareholders agreements, articles of association. What to look for in complex documents within a limited timeframe.
• Interim and Final remedies for Unfair Prejudice, including injunctive remedies at both stages.
• Winding Up Petitions on the just and equitable ground in shareholder disputes and the pressure that this creates.
• Traps for the unwary – how easy but costly mistakes can be avoided.

Crossing Boundaries: Navigating Global Mobility and the Rise of Globally Remote Working
Speakers: Sarah Harrop, Addleshaw Goddard LLP and Lee McIntyre-Hamilton, Keystone Law

This session will include case studies and will cover:

• Inbound Global Mobility and Globally Remote Working:
  • Global mobility landscape – what's driving global mobility?
  • Visa options in the UK for businesses and issues to consider.
  • Employment rights considerations, employment status, parity of terms and conditions.
  • Tax issues for short-term business visitors, non-resident directors and secondments.
  • Permanent establishment and the impact on UK tax obligations.
  • EU social security regulations (incorporated in Brexit agreement) and their implications for foreign employers with employees in the UK.
• Outbound Global Mobility and Globally Remote Working:
  • Issues to consider when engaging via professional employer organisations (PEOs).
  • Nomad visas and how they operate.
  • UK PAYE / NIC obligations for employees posted overseas by UK employer.
  • Permanent establishment - non-UK considerations.
  • EU regulations.
  • Mandatory foreign employer registration in certain countries.
  • Employer of record – tax and social security considerations / risks.

How to discuss AI with your clients
Speakers: Robin Allen KC, Cloisters and AI Law Consultancy; and Sian McKinley, Herbert Smith Freehills LLP

It is proposed that the session will discuss:

• The start – "Meet your client where they are"
• The basic explanation - key AI workplace issues 
  • Relevant law
    • Data protection, 
    • Discrimination/bias 
    • Upcoming regulation
  • Potential trigger points
    • Recruitment
    • Automation/replacement
    • Performance monitoring 
  • Specific issues
    • Multi-national companies
    • Regulated entities 
• The risk discussion – How Employment Lawyers can add value to governance processes at:
  • Procurement
  • Assurance
  • Implementation
• Some typical use cases
  • Generative AI in the workplace
  • Monitoring
  • Other common employment processes 

In Conversation with The Presidents
Speakers: Judge Barry Clarke, President of the Employment Tribunals (England & Wales) and Judge Susan Walker, President of the Employment Tribunals (Scotland)

The two Presidents of Employment Tribunals will jointly lead a break-out session addressing a range of topics of interest to ELA’s members. These will include:

• Basic facts and figures
• Performance issues
• Reform & modernisation
• ADR
• Panel composition
• Other developments

There will be an opportunity to ask questions.

In or Out?: recent developments on what can and should be included in settlement agreements
Speakers: Deborah Casale, Irwin Mitchell LLP and Christopher Fisher, Mayer Brown International LLP

Settlement agreements are the bread and butter of employment lawyers and are often viewed as basic work for junior employment lawyers on which to cut their teeth. But, in light of a number of recent cases that potentially overturn our conventional wisdom on which claims can and can’t be validly waived by a settlement agreement, and the continuing debate on the use of NDAs, there are decisions to be made on what should and should not be included in the agreement that are less than straightforward. 

This session aims to update attendees and to arm practitioners to navigate the settlement minefield and will:

• Address the extent to which unknown and future claims can be effectively settled in light of recent case law, including the Court of Session’s Judgment in Bathgate and the EAT’s decisions in Ajaz and Arvunescu;
• Review the current position on the use of confidentiality clauses and NDAs in the light of the series of recent inquiries, consultations, regulatory and non-regulatory guidance and reports;
• Suggest practical tips for both employer and employee advisers – how can we best protect our client’s interests?

Industrial relations:  strikes, collective bargaining and minimum service levels
Speakers:  Daniel Stilitz KC, 11KBW; Patrick Halliday, 11KBW and Bruce Robin, UNISON

A discussion of topical industrial relations issues, including:

• The appeal to the Supreme Court in Mercer v Alternative Future Group:  sanctions for industrial action
• R (Independent Workers Union of Great Britain) v Central Arbitration Committee [2023] UKSC 43:  Deliveroo riders not in ‘employment relationship’ did not have article 11(1) rights to join trade union
• Avoiding, bringing and litigating section 145B claims (inducements concerning collective bargaining) in the aftermath of Kostal v Dunkley
• Minimum service levels legislation:  Strikes (Minimum Service Levels) Act 2023, regulations and consultation
• Using agency workers to replace striking staff:  Government consultation on new regulations following R (ASLEF and others) v Secretary of State for Business and Trade [2023] EWHC 1781 (Admin)

Investigations – practical considerations and tricky issues 
Speakers: Kerenza Davis, Blackstone Chambers and Nick Marshall, Linklaters LLP

This session will discuss:

• Preparation and planning – scope, timing, confidentiality, and data privacy issues
• Privilege – when it applies and how it might be lost
• Interviews – preparing for interviews, undertaking interviews, and weighing the evidence
• Reporting – record-keeping, interview notes and transcripts, and reporting

More Issues than Vogue: Holiday and Holiday Pay Issues and Problems
Speakers: Caspar Glyn KC, Cloisters and Stephen Ratcliffe, Baker & McKenzie LLP

An overview of the changes to Holiday and Holiday Pay that started on 1 January 2024 and picked up pace from April 2024.

As well as outlining the main changes we shall tackle thorny issues including:

• How do you extinguish carry-over?
• What is Normal Pay for Holiday Pay and does it include annual bonus payments?
• Who will be an irregular hours worker?
• Who will be a part-year worker and does the definition cover term-time workers on annual pay?
• If irregular hours / part-year workers accrue holiday in hours then how many hours of work is a day of holiday?
• How does an irregular hours / part-year worker accrue holiday when sick?
• Do old rolled up holiday pay rules apply to other workers?

Restrictive Covenants: Legitimately interesting
Speakers: Matthew Sheridan, Littleton Chambers and Katie Mahoney, Mishcon de Reya LLP

This session will discuss:

• The doctrine of restraint of trade
• Whether the type of agreement the restrictions are contained in matters?
• New forms of restraint.
• The governments' 3m non-compete proposal.
• Recent developments in the area.

Risk managing an HR crisis
Speakers: Clive Coleman, Maltin PR; Hannah Netherton and Dan Tench, CMS

This panel session will discuss how to handle an HR crisis that is enfolding in public view, including managing PR risks and parliamentary and/or regulatory scrutiny. Employment lawyers are often the lynchpins in handling such crises and have a key role to play in bringing together other specialists and "seeing round corners" in how investigations and inquiries might play out.

“The rights of private citizens to express their views within the limits of the law” – Recent developments in handling conflicting beliefs in the workplace
Speakers: Sarah Fraser Butlin KC, Cloisters and Peter Frost, Herbert Smith Freehills LLP

Social media enables employees to share their views on controversial issues with a wide audience – including colleagues and others who come into contact with their employer. Grievances or complaints often follow, regardless of whether comments are made in a work context. Employers understandably want to emphasise their commitment to diversity and inclusion and may feel the need to take disciplinary action against an “offending” employee. Yet freedom of belief and expression are cornerstones of a democratic society.

The session is designed to assess how these issues apply in the workplace and what this means for employers and their employees. Is it an employer’s job to hold the ring or do their rights and responsibilities go further than that?

• The meaning of belief – the latest cases on what qualifies as a protected belief and what they tell us about how tribunals are interpreting Nicholson v Grainger
• Issues in manifestation of belief
  • The distinction between holding a belief and a manifestation of belief
  • Is manifestation direct or indirect discrimination?
  • The close connection question – the reason why or just context?
  • The objectionable manifestation question – the role of proportionality?
• The interaction with harassment
• Practical tips for handling disputes

ELA recognises that some of the beliefs that will be discussed in this session are sensitive and generate strong feelings. The session will explore the legal issues; it is not designed to engage with or express views on the merits of the beliefs themselves.

Why what we do is difficult (and how to make it easier)
Speakers: Jake Lovelock, Cognacity; Luke Menzies, Menzies Law and Lucinda Soon, Kingsley Napley LLP

The focus on wellbeing in law has never been greater, and rightly so. We do a very challenging job – as well as striving to be brilliant technical lawyers, we frequently have to deal with difficult people and those in distress and we are constantly juggling a million different demands on our time and energy. A panel of experts will discuss the hardest things about being an employment lawyer – from the shouty colleague to the sleepless nights – and will provide some practical guidance on how to cope.

We won’t be answering any tricky TUPE questions, but we aim to provide some insight into the particular challenges faced by employment lawyers and what you can do in practice to make your working lives that little bit easier.

Workplace Culture – Getting it Right!
Speakers: Sarah Chilton, CM Murray and Samantha Mangwana, Byrne Dean

In light of the new mandatory duty to prevent sexual harassment, and an increase in high profile bullying allegations, we will set out what employers need to do to comply with the new duty, what those reasonable steps are, and how to create a safe and effective speak-up culture to minimise risk - a step-by-step how-to guide to getting the proactive duty right and minimising bullying and harassment in the workplace.

In this discursive session, we will delve into the sometimes surprising features of a workplace that are linked to higher incidence of harassment, often unknowingly, and how to start to change.

Fees

• Conference Only - Standard Fee: £320 + VAT until 31 January 2024, £390 + VAT from 1 February 2024
• Conference Only - Out of Region: £227.50 + VAT until 31 January 2024
• Conference Only - Voluntary or Not-for-profit Fee: £162.50 + VAT until 31 January 2024, £195 + VAT from 1 February 2024
• Conference Only - Pupil barrister or barrister under 2 yrs call fee: £162.50 + VAT until 31 January 2024, £195 + VAT from 1 February2024
• Annual Dinner Only - £50 + VAT until 31 January 2024, £55 + VAT from 1 February2024

This event is only available in-person at etc.venues Houndsditch. The event will not be live streamed or recorded.

If you are not a current member of ELA and would like to join and attend this event (or any other events), please email ela [at] elaweb.org.uk (ela[at]elaweb[dot]org[dot]uk) or telephone 01895 256972 and we will be happy to bring you into membership and reserve your place at this event.