Employment E-Bulletin - January 2020

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Employment Law e-bulletin January 2020 Happy New Year and welcome to our first employment ebulletin of the new decade. We have a recently elected Government, an apparently imminent Brexit and the prospect of a lot of new and amended employment laws. The second Queen's Speech in the space of two months introduced a new Employment Bill in December which included amongst other things new rights for carers and parents, the right to request predictable contracts and, perhaps most ground breaking, the possibility of flexible working becoming the default position. For all of our predictions on what 2020 will hold for employment law check out our preview of the year.

Innes Clark Our in depth employment law training courses also continue in January and February, including a half day course on Employment Tribunal witness familiarisation - see below for further details.

This month's topics Please click on the link below to view the relevant article:What to expect in employment law in 2020 - our preview of the year setting out the key legislative changes and the cases to watch out for in 2020; Do workers transfer under TUPE? - is an employment tribunal judgement that TUPE covers workers as well as employees correct? 5 ways to deal more effectively with subject access requests - over a third of the public complaints to the Information Commissioner related to SARs - is your organisation set up to properly deal with subject access requests? What does the Election Result mean for Immigration? - an indication of what the future may hold for migrants and businesses; New legislation, consultations and guidance - details of the new Employment Bill plus new publications from HMRC, the ICO and BEIS; Employment law in the news - we look at what has made the headlines in the last month; and


In our blog of the month, Innes Clark asks where are we with NDA's? Our new podcasts Launched in late 2019, our regular employment law podcast series will continue throughout 2020. You can listen to our most recent podcasts by clicking on the links below. The Queen's Speech - Employment law implications David Hossack and Innes Clark discuss what's coming up for employment law as revealed in the Queen's Speech. Does TUPE apply to workers as well as employees? David Hossack and Innes Clark look at an Employment Tribunal decision that turns the prevailing view on its head as well as discussing the implications for 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 and February 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 and February 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.


GDPR: the practical day to day skills you need to know in the workplace - Edinburgh: 21 February 2020 and Glasgow: 25 February Most of us will be very familiar with the key requirements of GDPR, the need to have privacy notices, privacy policies and information security policies. This half day course looks beyond the basics and rolls up its sleeves to get to grips with the key practical aspects of GDPR which impact HR professionals and managers on a day to day basis. Given the regularity with which subject access requests are made (it also being the leading source of calls to the ICO at 39%) the first part of the course will give you the skills to expertly deal with subject access requests in a proactive way that reduces risk. This will include:recognising subject access requests narrowing the scope of requests once they are received making best use of all available exemptions avoiding the disclosure of "third party" personal data what to expect if complaints are made to the ICO The second part of the course tackles other practical GDPR aspects which arise in the workplace including: the limited circumstances where employee consent can be relied upon steps to take when employees object to the use of their personal data (or seek for it to be deleted) when you can process special category and criminal record data setting and adhering to data retention periods when personal data breaches become notifiable to the ICO and to individuals 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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