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Employment Law e-bulletin May 2018 Welcome to the May 2018 edition of our E-bulletin. The big news this month is that GDPR finally comes into force. To assist employers with GDPR compliance, our GDPR Employment Document Package is available - see below for more information. I'm also very pleased to announce a new senior appointment to the team with Alan Delaney having joined us as a Legal Director.

This month we are looking at:• • • • • • • •

Two important decision on shared parental pay and enhanced maternity pay Gender Pay Gap Reporting - do the results tell us anything we didn't already know? New Guidelines for Injury to Feelings Awards Consultation on Bereavement Leave and Pay published ECHR publishes damning report on sexual harassment General Data Protection Regulation countdown Gig economy update Our regular round up of employment law in the news

And • Our blog of the month looks at the Brexit agreement and what it means for EEA nationals


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 on 0131 247 1181 or at innes.clark@morton-fraser.com or Lindsey Cartwright on 0141 274 1141 or at lindsey.cartwright@morton-fraser.com.

Employment Team welcomes Alan Delaney as our new Legal Director We are delighted to welcome Alan Delaney to the Employment Law team. Author: Innes Clark

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GDPR / data protection Employment Documentation Package Our fixed fee GDPR employment documentation package is now available. Author: Lorna Davis

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GDPR Countdown


Less than a month to go..... Author: Melanie Schwindt With the imminent arrival of the General Data Protection Regulation (GDPR), shiny new privacy notices, marketing consent forms, requests to update communication preferences and amendments to data processing and data sharing contracts are making the rounds, but in this flurry of activity, are organisations updating their internal documentation in anticipation of the GDPR?

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Shared parental pay and enhanced maternity pay Two important decisions of the EAT look at the issue of whether a male suffers sex discrimination when his employer enhances maternity pay but not shared parental pay. Author: Sarah Gilzean Read More

Gender Pay Gap Reporting Overview With the final date for reporting having passed - does the information provided tells us anything we didn't already know? Author: David Walker Read More

New Guidelines for Injury to Feelings Awards To assist Employment Tribunals, the Court of Appeal previously set out guidance for quantifying awards for injury to feelings, known as the Vento bands and these "Vento bands" have just been updated Author: Lindsey Cartwright Read More

Consultation on Bereavement Leave and Pay published


The UK Government have published a consultation on parental bereavement leave and pay. The Parental Bereavement (Pay and Leave) Bill as drafted entitles parents who have lost a child under the age of 18 to have 2 weeks' bereavement leave, and for those with the necessary qualifying service, paid leave. Author: David Hossack Read More

EHRC publishes damning report on sexual harassment The issue of sexual harassment in the workplace was one that was repeatedly highlighted in 2017 and a report by the EHRC has now thrown light on how common the problem is and how employers are failing to take consistent and effective action to deal with it.

Author: Sarah Gilzean Read More

Gig Economy Watch Our regular update on all things "gig". Author: Innes Clark 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. Author: Carrie Mitchell 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 this month our immigration expert Stuart McWilliams looks at the Brexit agreement and what it means for EEA nationals 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.

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." - Legalit 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.co

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

Privacy Policy | www.morton-fraser.com The contents of this update are for information only and are not intended to be construed as legal advice. Morton Fraser accepts no responsibility for the content of any third party websites to which this update refers.

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Employment Law Update - May 2018  
Employment Law Update - May 2018