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Employment Law May 2019 Welcome to our May 2019 e-bulletin. Irrespective of whether Brexit happens or not the new registration regime for EU nationals (including those already in the UK) will still be relevant. This month, our immigration expert, Stuart McWilliams, provides some insights on what he has learned from speaking to employers about this important issue.
This month we are also looking at:Free Seminar - Brexit: The Changing World of Work? Gender Pay Gap Round 2 - has anything changed? Workplace wellbeing - 2019 CIPD Health and Wellbeing survey. New legislation, consultations and guidance including consultation on public sector exit payments and an ACAS guide on neurodiversity. Whether an employer was vicariously liable for a back injury sustained at a Christmas party? On call workers and minimum wage. Can discrimination arising from disability be based on an employee's mistaken belief? Are company directors personally liable for a breach of an employment contract? Gig Economy Update. Our regular round up of employment law in the news. And In our Blog of the Month, Innes Clark looks at whether it is time to think again about criminal records disclosure. 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.
What I've learned from speaking to employers about Brexit‌ Immigration expert, Stuart McWilliams, has spent a lot of time in recent months speaking with employers about Brexit - here is what he has learnt along the way‌.
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Free Seminar - Brexit: The Changing World of Work? Stuart McWilliams of our Immigration Team will be discussing EU Talent and Brexit at the Corinthian Club, Glasgow on 22 May.
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Gender Pay Gap Round 2 - has anything changed? 4 April 2019 saw the end of the second year of gender pay gap reporting for private and third sector organisations.
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Workplace wellbeing - CIPD health and well-being survey April was stress awareness month, and the recently published CIPD health and wellbeing at work survey has found that mental health is becoming a stronger focus in organisations well-being activity. Read More
New Legislation, Guidance & Consultations We look at recently published legislation, consultations and guidance for employers, employees, HR professionals and others.
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Court limits the scope of vicarious liability for employers Employers will undoubtedly welcome the recent High Court decision that an employer was not vicariously liable for the actions of their employee at a Christmas party, which resulted in another employee suffering an injury.
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On call workers and minimum wage One of the cases previously reported under the name Focus Care Industry v Roberts has returned to the EAT arguing over the complicated issue of when on call work amounts to "time work" under the National Minimum Wage Regulations. Read More
Can discrimination arising from disability be based on an employee's mistaken belief? The EAT considers a discrimination arising from disability claim based on an employee's mistaken belief. Read More
Are company directors personally liable for a breach of an employment contract? The High Court has considered whether the directors of a limited company can be personally liable for breaches of an employment contract. Read More
Gig economy update We look at some recent cases relating to employment status and the gig economy. 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.
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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 Innes Clark considers whether it is time to think again about criminal records disclosure. You can also follow Innes on Twitter.
Welcome To Clarity: Diversity Diversity is a vital consideration for any employer. Employees should be afforded equal treatment and opportunity irrespective of protected characteristics such as race, gender, age and disability. This short film helps explain the importance of diversity in the workplace and how it not only affects your business’s reputation as a fair employer, but can allow you to reap the benefits as a more productive and more positive workforce.
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 2019/2020 Our 2019/20 Employment Law Fact Card is now available! 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 free hard copy please email us at employment@morton-fraser.com with your name and postal address and we will send it on to you. If you are on our circulation list and haven't received a copy yet then please let us know as, due to GDPR, unless we have received your consent since 25 May, we have not been able to send this out to a non business address. You can also find lots of useful employment law information on our free app for iPhone and Android which is available to download. 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 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
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