Employment E-Bulletin - December 2019

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Employment Law e-bulletin December 2019 Welcome to our December e-bulletin. As another year draws to a close I had a look back at the employment law predictions we made for 2019 at the start of the year. We were right on point in highlighting the continuing focus on employment status, inequality and harassment in the workplace, and the impact of the Good Work Plan, but we didn't manage to predict two failed attempts at Brexit. Our annual review of the year highlights the key employment law developments of 2019 and next month in our January e-bulletin we will take the plunge once more and make our predictions for 2020.

Innes Clark Our in depth employment law training courses also continue in January, including a half day course on Employment Tribunal witness familiarisation - see below for further details. We have also launched a weekly employment law podcast - see below for further details. Finally, as we head towards the holiday season I would like to take this opportunity to send out our thanks and best wishes for 2020 to all of our subscribers.

This month's topics Please click on the link below to view the relevant article:Annual review of the year - our annual look at the high (and not so high) points of employment law in 2019. Sick workers only entitled to carry forward 4 weeks holiday - the European Court of Justice has confirmed that sick employees won't benefit from the additional 1.6 weeks holiday allowed under the Working Time Regulations. Handbags at 20 paces - the case of the sacked Mulberry employee who claimed belief in ownership of copyright was a philosophical belief. Employee awarded ÂŁ2m for workplace invention - employer ordered to pay employee "fair share" of company's benefit from invention.


Can hypothetical remarks with no victim be unlawful discrimination? - An Advocate General at ECJ believes they can, and that the person responsible should be liable to pay compensation, even if that is to a third party association. Ready, steady, fire - hastily dismissing someone whose condition then improves won't necessarily prevent a finding that the long term requirement of a disability has been met. Solo regulated firms unaware of SM & CR requirements - from 9 December the SM&CR requirements apply to all Financial Services and Markets Act authorised firms, but it seems not all of them are aware of it. New legislation, guidance and consultations - Consultation on requiring employers to provide references, moves to restrict the use of NDAs and understanding barriers to workplace progression. December employment law in the news - we look at what has made the headlines in the last month. Finally, as we head towards the holiday season I would like to take this opportunity to send out our thanks and best wishes for 2020 to all of our subscribers. Our new podcasts As mentioned above, we have recently launched a weekly employment podcast. You can listen to the first two editions here:The Right to Privacy David Hossack and Alan Delaney discuss a very recent decision of the European Court of Human Rights which looked at whether employees' right to privacy was violated when their employer used covert video surveillance to address a serious issue of theft in the workplace. Where is the balance to be struck between an employer's right to protect its property and an employee's reasonable expectation of privacy at work? What the election might mean for working parents Sarah Gilzean talks to David Hossack about what the different political parties are promising in their 2019 Election Manifestos on family friendly policies and asks whether any of the proposals will really make a difference to parents and employers. Our app 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. Contact us 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 - Coming up in January 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. In January our training programme leader, Karen McGill, will be running the following training courses:Employment Tribunal procedure and witness familiarisation training - Edinburgh: 27 January 2020 and Glasgow: 29 January 2020 This half day course will help you understand and, most importantly, prepare for what happens when a workplace dispute reaches the Employment Tribunal. We'll look at the legal rules that apply to Employment Tribunals and what to expect when giving evidence. We'll also highlight the differences in procedure when giving evidence as a witness in Scotland or England and Wales. This course will cover:understanding the Employment Tribunal process the role of the witness effective preparation in advance of the hearing how to present evidence to best effect how to deal with cross-examination


how to use the documents in the bundle practical tips and dos and don'ts For details of how to book click here or email innes.clark@morton-fraser.com. Employment law essentials - Edinburgh: 13 January 2020 This one day course is designed to provide attendees with a comprehensive overview of key areas of employment law to assist with dealing with day to day issues that arise in the workplace whilst ensuring that risk is managed appropriately with a view to avoiding costly disputes or Employment Tribunal claims. This course will cover:contracts of employment managing change, including redundancy managing employees dismissing fairly discrimination employment tribunal claims and procedure For details of how to book click here or email innes.clark@morton-fraser.com. These sessions are part of 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. A link to the full programme with details of costs can be found here. If you would like more information please contact Innes Clark on innes.clark@morton-fraser.com.

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.

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

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