News & Legal Updates

As my colleague Simon recently highlighted in his article Why I HATE the Office Christmas Party, ‘tis the season to be careful. As an employment lawyer I get, without fail, a handful of calls every year from clients who have been involved in some form of unwanted behaviour at festive functions. By far and away the most common complaint is one of sexual harassment; the curious case of the booze fuelled, ill judged, wandering hands (or words).

Clients often presume (quite understandably) that foreign judgements (i.e. non-Scottish) are automatically recognised in Scotland and thus can be immediately enforced against a person or their assets in Scotland. They are therefore quite surprised to find out that foreign judgements cannot, in fact, be so enforced and that a ‘registration’ process must first be completed … Continue reading "Enforcement of Foreign Judgements in Scotland"

Let’s get ‘Back to Basics’ and strip back Employment Law in a series of short but informative blogs.  In this blog, I will cover the rights of employees when they are being dismissed. Sorry Lord Sugar, you can’t just say “you’re fired” to all your employees. An employee gains a right to a fair dismissal … Continue reading "Back to Basics: #2 Employees rights when being dismissed"

I’ve always hated the office Christmas party. I can’t decide if it is because of the inevitable prospect of seeing photos of myself on Facebook which (at the time), I had encouraged colleagues to take. Or whether it is the level of concentration required to hear what colleagues are mumbling to me at the free bar over the background noise of synth melodies and sleigh bells (Wham: Last Christmas, anyone?). Or maybe it is because of the yearly alcohol-fuelled inappropriate outburst from a colleague telling me that they have always loved me ….

Since employment tribunal fees were abolished in July 2017 the number of claims brought to tribunal has increased steadily. It is very possible, whatever your role, that you may find yourself being asked to attend a tribunal to give evidence as a witness. Whether you are an employee or employer, this blog is intended to … Continue reading "How to be a good witness. Everything you need to know in less than 500 words."

In this podcast, Simon, Jack and Duncan recap the previous season and give their respective views as to whether the employer was correct in its actions against Bruce.

Perhaps the most important right for employers to remember is that employees have a right not to be discriminated against. In general terms, an employee can bring a discrimination claim on the basis of their age...

During Bruce’s appeal hearing, he alleges that the chemicals used to make up the pills were not properly labelled, in breach of health and safety legislation. Bruce states that it was only a matter of time before somebody else made his mistake. Does Bruce’s statement make him a “whistle blower”?  If so, does Bruce have a claim for detriment against his employer?  What should the appeal officer (J.A.R.V.I.S.) do to avoid a claim by Bruce? 

So Bruce has been dismissed. However, he has appealed the decision to dismiss him. His letter states that he has rheumatoid arthritis and this causes him to have sore fists. Does Bruce’s condition amount to a disability? If so, what investigation, does his employer need to carry out at the appeal stage about his “disability”? Is Bruce’s dismissal discriminatory even if the decision to dismiss him was reached before the employer knew about his disability? And how exactly do you pronounce the claimant’s name in the case of “Baldeh” versus Churches Housing Association of Dudley and District Limited? Donna has all the answers…

Following his dismissal, Bruce is annoyed with SHIELD and phones HR. During the call he is upset and complaining about the way he has been treated and mentions he wants to see information that supports the allegations made. He finishes the call by vowing to “make SHIELD sorry” for messing with him (with flecks of green appearing in his eyes)! The next day, an email is received from Betty Ross on behalf of Mr Banner requesting copies of his personnel files relating to the disciplinary offence.