Employment Law Update - January 2019

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Employment Law January 2019 A very Happy New Year to all of our subscribers! Welcome to our first ebulletin of 2019 which includes our annual preview of what to expect in employment law during the coming year.

As well as our preview of 2019, this month we are also looking at:• The UK Government's "Good Work Plan" • Understanding Brexit and Immigration • An EAT case considering whether the dismissal of a disabled employee while in receipt of long term disability benefits was fair • Uber's latest appeal against the finding that their drivers are workers • Right to work checks • Workplace wellbeing • Our regular round up of employment law in the news And • In our Blog of the Month we look at gender recognition reforms and how employers and service providers can avoid discrimination. 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.

2019 - What to expect in employment law Our annual look at what to expect on the employment law front in the coming year.

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The Good Work Plan Details of the UK Government's Good Work Plan which will result in some important employment law changes.

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Understanding Brexit and Immigration - Presentation for employers We are working to help employers understand the potential impact of Brexit on their workforce and to provide practical help to EU national employees to try and reduce the uncertainties.

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Dismissal, implied terms and long term disability benefits


The EAT has considered whether an employee could rely on an implied contract term to prevent his employer dismissing him while he was in receipt of long term disability benefits.

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Uber loses Court of Appeal employment status case The Court of Appeal has upheld the judgement of the EAT that Uber drivers are workers, but the decision is not unanimous.

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How to carry out a right to work check Stuart McWilliams and Pamela Macaulay look at right to work checks including the new online checks which can be carried out in certain circumstances.

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Workplace wellbeing


We continue our look at mental health and wellbeing in the workplace.

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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.

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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, Sarah Gilzean looks at Gender Recognition Reform and how employers and service providers will avoid discrimination. You can also follow Innes on Twitter.

Welcome To Clarity At Morton Fraser we are grounded in a simple, unifying principle: clarity. It's what sets us apart from the rest and what gives you the service that you value and rely on. Highly appropriate then, that we are embarking on a campaign that aims to promote these very values. Let us take this opportunity to welcome you to clarity. Click on the video below to see our approach to legal advice from, quite literally, every angle‌


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.

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@mortonfraser.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." - Legalit insider


(www.legaltechnology.com)

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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