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Employment Law July 2019
Welcome to our July 2019 e-bulletin. With many employees heading off on holiday (and hopefully being paid the correct amount when they are away!) we look at an important case from the Northern Irish Court of Appeal casting doubt on the limitations of holiday pay claims.
Innes Clark This month we are also looking at:An EAT case which highlights the need to proactively manage difficult employees The Women and Equalities Commission report on the use of NDAs in cases of workplace discrimination Whistleblowing and the public interest requirement Workplace wellbeing A High Court case looking at whether looking at an employee's emails was a breach of trust New legislation, consultations and guidance Our regular look at employment law in the news In our Blog of the Month we look at cyber-picketing in the workplace 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.
WS Society employment law conference Details of the annual WS Society employment law conference taking place in Edinburgh in September. Read More
Northern Irish Court of Appeal casts doubt on limitation of holiday pay claims The judgement of the Northern Irish Court of Appeal ("NICA") suggests that a series of unlawful deductions should not be broken by a three month gap. Read More
Clarity for Business - New Quarterly Corporate Newsletter
We have recently launched a quarterly corporate newsletter aimed at both growing and established SMEs, primarily based in Scotland or with businesses in Scotland. One of the biggest challenges facing businesses at the present time is the huge political and economic uncertainty deriving from not just Brexit but other more global issues, such as the USA and China trade skirmishes and the
problems associated with global warming. Although our focus tends to be more on the immediate it does pay from time to time to consider a more holistic bigger picture approach. One thing that is very clear is that we cannot control a lot of what goes on in our business lives and the challenge is to focus on what we can control. Our latest edition can be accessed here and, if it is of interest to you or anyone else in your organisation you can subscribe here by ticking the Business / Corporate box.
Proactivity is often the answer when dealing with difficult employees Hoping matters will sort themselves out is rarely the answer‌ Read More
Non-disclosure agreements in cases of discrimination The Women and Equalities Committee has published its report on the use of nondisclosure agreements in discrimination cases. Read More
Allegations against a colleague were in the public interest A recent EAT decision suggests a liberal approach is being taken to the assessment of a qualifying disclosure. Read More
Workplace wellbeing A number of reports on different aspects of workplace wellbeing have been published recently and none make for particularly positive reading. Read More
Breach of duty, privacy and half a million pounds The case of Argus Media Ltd v Halim has it all, and all in favour of the employing business. Read More
New legislation,Guidance & Consultations We look at recently published legislation, consultations and guidance for employers, employees, HR professionals and others... 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. 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, David Walker looks at cyber-picketing. 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@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." - Legal IT insider (ww.legaltechnology.com)
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.
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