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Employment Law e-bulletin November 2019
Welcome to our November e-bulletin which includes details of a long awaited court decision on covert surveillance in an employment context and the right to privacy. Our more in depth employment law training courses also continue in November - see below for further details.
Innes Clark This month we are looking at:Covert surveillance & the right to privacy - a key ECHR decision The fairness of a dismissal after an investigation report was altered Why employers need to be careful when dealing with disputes relating to the WTR What the Brexit delay means for immigration Whether anti transgender beliefs are protected under the Equality Act New legislation, consultations and guidance including guidance on workplace ethics, the menopause and confidentiality agreements Workplace wellbeing - our regular look at mental health and wellbeing in the workplace Our regular look at employment law in the news In our blog of the month Innes Clark asks whether poor mental health is a crisis employers can cope with? You can download our free Employment Law App MF HR Mobile for both Android and iPhone. This includes calculators for unfair dismissal awards, maternity pay and statutory redundancy payments, as well as key employment law facts, figures and fingertip guides. It also includes this monthly eBulletin. If you have any questions on the content of this ebulletin or if you would like to discuss any other employment issue then please contact your usual Morton Fraser Employment Team contact or any of the Employment Team Partners listed below: Innes Clark on 0131 247 1181 / innes.clark@morton-fraser.com; Lindsey Cartwright on 0141 274 1141 / lindsey.cartwright@morton-fraser.com; David Hossack on 0131 247 1024 / david.hossack@morton-fraser.com; or David Walker on 0141 274 1146 / david.walker@morton-fraser.com.
Employment Law Training Morton Fraser - Employment Law Training A practical series of employment law courses covering key employment law and related HR issues brought to you by one of the leading employment law teams in Scotland. Coming up in November (click on the course title for full details) Managing employees (Performance) training - 6 November (Glasgow) / 8 November (Edinburgh) This can be one of the most challenging workplace issues for employers. We will look at the legal framework and provide you with practical tips on handling employees who can't or won't do the job. This will include use of probationary period and the significance of 2 years' qualifying service (and the exceptions to the rule!), key elements of an effective performance management process, dealing with difficult conversations, tricky issues that can arise during the performance management process including attitude issues, patterns of performance improving and then dipping, grievances, sickness absence, accusations of bias, disability issues and reasonable adjustments. For details of how to book click here. Disciplinary and grievance issues training - 25 November (Edinburgh / 26 November (Glasgow) This session will support you in dealing effectively and efficiently with disciplinary and grievance issues. Topics covered will include techniques to avoid matters escalating, short service dismissals, when and how to suspend, effective workplace investigations, conducting hearings, tricky issues including overlapping grievance and disciplinary matters, delays caused by sickness absence, witnesses wishing to remain anonymous, employees making recordings of hearings, criminal issues/police involvement and practical tips. For details of how to book click here. Immigration & employment - Glasgow: 14 November 2019 Between 1 October 2018 and 31 December 2018, the Home Office issued fines of nearly ÂŁ8 million to employers who had breached right to work rules. This course will cover compliance with right to work checks, how to protect your organisation against fines, employing workers from outside the EU and practical tips on how to engage with your existing EU workers and monitor registrations under the Settled Status scheme. We will also look at how future recruitment from the EU will work. For details of how to book click here. Our employment law training Keep up-to-date with the key legal requirements and best practice in the workplace saving your organisation time and money. Our high quality training courses are designed for business owners, directors, HR professionals, line managers, inhouse lawyers and finance team members seeking an understanding of, or an update on, specific selected areas. The maximum group size is 20 delegates to allow for scenarios and questions. We will confirm attendance for CPD purposes. A link to our employment law training programme with details of our full and half day training courses with details of costs can be found here.
Covert surveillance & the right to privacy - a key ECHR decision The Grand Chamber of the European Court of Human Rights has overturned last year's decision on covert filming of employees. Read More
Altered investigation report did not make dismissal unfair Evaluative opinions on evidence should be left to the disciplinary hearing decision maker. Read More
Threat of dismissal was detriment Employers must be careful when dealing with disputes involving alleged breaches of the Working Time Regulations. Read More
What does the Brexit delay mean for immigration? With a General Election in the near future, what does it all mean for EU nationals living and working in the UK? Read More
Anti transgender views not worthy of Equality Act protection Having a religion does not necessarily mean that related beliefs will be protected under the Equality Act 2010. Read More
New Legislation, Guidance & Consultations An outline of the employment implications flowing from the Queen's Speech plus guidance on workplace ethics, the menopause and confidentiality agreements. Read More
Workplace wellbeing Our regular look at mental health and wellbeing in the workplace. Read More
Employment law in the news In our regular slot we look at the key cases and other employment law issues that have made the news headlines over the past few weeks. Read More
Blog of the Month Don't forget, you can keep up to date with all our blogs and content in the Knowledge hub. In our blog of the month Innes Clark asks whether employers can cope with a mental health crisis. You can also follow Innes on Twitter.
Employment Law Guide & Employment Timeline To see our Brief Guide to Employment Law in Scotland, England and Wales, click here. For details of upcoming changes in employment law, see our Updated Employment Law Reform Timeline.
Welcome to the big days and the day-to-day - How we help businesses Our clients range from start-ups through SMEs to large corporations. Click on the image below to find out how we can support your organisation.
Employment Law Fact Card
Our Employment Law Fact Card is full of useful information for employers including disciplinary and redundancy checklists, Employment Tribunal award limits, family friendly leave entitlements and national minimum wage rates. If you would like a hard copy of our free Fact Card please email us at employment@morton-fraser.com with your name and postal address and we will send it on to you. Alternatively, you can access an electronic version here. You can also find lots of useful employment law information on our free iPhone app which is available to download from the App Store. For further details and a link to the download see: MF HR Mobile - Our Employment Law App "...the app is gorgeous, very well designed with great functionality and looks." - Legal IT insider (www.legaltechnology.com)
Employment Law Support for your Organisation How we can help Clear employment law advice from one of the leading employment teams in Scotland. More Law Society accredited specialists than any other team in Scotland Clear, pragmatic, cost effective, legally privileged advice Fixed fee packages available (including Tribunal awards insurance, if required) A highly professional and responsive service‌very approachable and always easily contactable - Chambers and Partners. Contact innes.clark@morton-fraser.com to find out more. Employment law training We offer a practical series of employment law courses covering key employment law and related HR issues including:Disciplinary and grievance issues training Managing employees (Performance) training Managing employees (Sickness Absence) training Discrimination and harassment training Employment Tribunal Procedure and Witness Familiarisation training Immigration & Employment training GDPR: the practical day to day skills you need to know in the workplace A link to our employment law training program me with details of our full and half day training courses with details of costs can be found here. A little more help The information contained in our Factcard, and much more, can also be accessed via our Employment Law app. Search for MFHRMobile at the App store or Google Play. If you don't already subscribe then contact us at employment@morton-fraser.com to receive our monthly employment law updates. As well as providing updates on key employment law developments, our monthly e-news also provides details of free employment law seminars that we run throughout the year. For further information please contact Innes Clark on 0131 247 1181 or at innes.clark@morton-fraser.com.
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