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Employment Law June 2019 Welcome to our June 2019 e-bulletin. In this edition we have set out our top ten tips for dealing with flexible working requests. While responding to these may be second nature to you, it is always worth refreshing yourself on the basics.
This month we are also looking at:Workplace wellbeing - the Great Big Workplace Reasonable Adjustments survey A cautionary tale from the EAT highlights the need for employers to fully consider any references to ill health in a dismissal process Guidance from the High Court on handling Subject Access Requests Working time record keeping requirement - an important decision from the ECJ Guidance from the EAT on properly quantifying injury to feelings awards New legislation, consultations and guidance including in relation to how to recruit women for the 21st century Our regular look at employment law in the news In our Blog of the Month we look at Neurodiversity 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.
Top ten tips for handling flexible working applications
The statutory requirements for consideration of flexible working requests are not as stringent as they used to be, but requests must still be dealt with in a reasonable manner and within three months.
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Workplace wellbeing The effectiveness of reasonable adjustments has been called into question in light of the Great Big Workplace Adjustments Survey plus details of a survey relating to mental health in the workplace. Read More
Mention of depression at disciplinary appeal leads to discriminatory dismissal
The EAT has recently looked at a case where disability was only identified at the internal appeal stage. Read More
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High Court provides guidance on subject access requests The recent judgment in Rudd v Bridle and
J&S Bridle concerned exemptions from the provision of information following a subject access request (SAR) being made. Read More
ECJ upholds stringent working time record keeping requirement A recent ECJ decision finds the Working Time Directive requires employers to keep records of actual time worked by staff. Read More
Isolated incident of harassment does not limit injury to feelings awards A one off occurrence of harassment does not automatically mean that a lower Vento band award will be made. Read More
New legislation, Guidance & Consultations
There have been two new pieces of guidance recently aimed at helping women into the workplace. Read More
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 our employment law Partner, Innes Clark looks at The case for neurodiversity in the workplace. You can also follow Innes on Twitter. Read More
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." - Legal IT insider (ww.legaltechnology.com)
Employment Protection Package Click for more information about our Employment Protection Package which 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
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