Employment Law Update - April 2019

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Employment Law April 2019 Welcome to our April 2019 e-bulletin. As well as the deadline for Gender Pay Gap Reporting, April sees some important changes to employment law including changes to the Employment Tribunal compensation limits, new National Minimum Wage rates as well as legislation relating to payslips coming into force.

As well as the April changes, this month we are also looking at:Details of the Annual WS Employment Law Conference. Whether a suspension breached the implied term of trust and confidence. Consultation on the use of confidentiality clauses. Whether sending an email to the work email address of an employee on maternity leave is discrimination. Gender Pay Gap Deadline. Working Time - an EAT judgement on the requirements for compensatory rest has been overturned by the Court of Appeal. Gig Economy Update. Our regular round up of employment law in the news. And In our Blog of the Month we look at the shareholder dispute that never was (but should have been). 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 innes.clark@morton-fraser.com on 0131 247 1181 or lindsey.cartwright@morton-fraser.com on 0141 274 1141.

Employment Law Fact Card 2019/2020 Our 2019/20 Employment Law Fact Card is now available! 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 free hard copy please email us at employment@morton-fraser.com with your name and postal address and we will send it on to you. If you are on our circulation list and haven't received a copy yet then please let us know as, due to GDPR, unless we have received your consent since 25 May, we have not been able to send this out to a non business address. You can also find lots of useful employment law information on our free app for iPhone and Android which is available to download. 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)

April 2019 employment law changes April is the busiest month of the year for employment law changes. Here is how things will look from now on‌..

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WS Society employment law conference Details of the annual WS Society employment law conference.

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Was the suspension of an employee a breach of contract? In what circumstances will a suspension be a breach of an employee's contract of employment?

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Consultation on the use of confidentiality clauses The Government is consulting on measures to prevent the misuse of confidentiality clauses.

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Is sending an email to the wrong email address of an employee on maternity leave discriminatory? The EAT has considered whether it was discriminatory to send a woman on maternity leave an email to her inaccessible work email address.


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Gender pay gap deadline 4 April saw the end of the second year of gender pay gap reporting for private and third sector organisations. Read More

EAT judgement on compensatory rest overturned The Court of Appeal has restored a decision of the employment tribunal that compensatory rest need not be an uninterrupted 20 minute break. Read More

Gig economy update We look at some recent cases relating to employment status and the gig economy. Read More


Employment law in the news In our regular slot we look at the employment law issues that have made the news headlines over the past few weeks.

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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 this month Austin Flynn looks at the shareholder dispute that never was (but should have been). You can also follow Innes on Twitter.

Welcome To Clarity: Diversity Diversity is a vital consideration for any employer. Employees should be afforded equal treatment and opportunity irrespective of protected characteristics such as race, gender, age and disability. This short film helps explain the importance of diversity in the workplace and how it not only affects your business’s reputation as a fair employer, but can allow you to reap the benefits as a more productive and more positive workforce.


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 Protection Package Our Employment Protection Package includes: An annual review to ensure that your employment contracts and handbook are fully compliant; On-going access to one of our employment lawyers within our highly rated employment law team; Insurance cover against the risk of most Employment Tribunal awards; and Affordable monthly fixed fee payments. With the possibility of significant Tribunal awards, management time is often diverted from the core business to deal with workplace issues and claims. We can provide the day to day employment advice that you require whilst providing insurance against the risk of Employment Tribunal claims. You will be assigned a specialist employment lawyer dedicated to your organisation, someone


you can work with and who can really get to know you and your business. We do not want to try and tie your organisation into this package for any fixed period of time and you are free to end the contract at any time. Our advice is legally privileged. This is often not the case with other advisors even if they are labelled as "Legal Advisors". In the event that advice is not legally privileged then the advice that you have been given is admissible as evidence before the Employment Tribunal which may put you at a disadvantage in contentious matters. You may want to think about that if you are considering a different kind of package. Our costs will always be clear and that is guaranteed. Payment for our Employment Protection Package is made by way of affordable monthly fixed fee payments. For a no obligation quote please email the following information to us at employment@mortonfraser.com current headcount total Annual Wage roll during last 12 months (inclusive of Employer's NI, the costs paid to Workers, Bonuses and Salaries paid to Directors) details of any employment tribunal claims against your organisation in the last 5 years including the relevant dates. If this package does not sound quite right for your organisation, we would be pleased to discuss the other options available for employment law advice. For further information please contact Innes Clark on 0131 247 1181 or at innes.clark@mortonfraser.com.

WELCOME TO CLARITY Clear legal advice for businesses, public sector, individuals and families. Edinburgh: 0131 247 1000 Glasgow: 0141 274 1100 info@morton-fraser.com

Terms and Conditions | www.morton-fraser.com | Manage Preferences The contents of this update are for information only and are not intended to be construed as legal advice. Morton Fraser accepts no responsibility for the content of any third party websites to which this update refers.

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