Employment at Scots Law 2023

We are delighted to be returning to the Hilton Glasgow for the first in our Scots Law 2023 Conference Series, exclusively available to delegates in person on the day.

Employment law continues to be a busy area of practice, as employers and employees have faced unprecedented challenges over the past three years.

Chaired by Lindsey Cartwright of Morton Fraser, this new conference will consider what employment law issues are currently being faced by the modern workforce, with topics ranging from suspending employees, hybrid working and agency workers to the interaction of employment law and criminal offences, executive contracts, disability discrimination and neurodivergence.

Questions to be considered will include:

• what are the key considerations when preparing executive contracts?
• what have been the recent legal developments in relation to neurodivergent employees?
• what advice can be given to an employer when an employee is charged or convicted of a criminal offence?
• Is hybrid working a help or a hindrance?
• how do you suspend employees in the modern workplace?
• what should employers know about agency workers?
• what are the key employment law implications of business restructuring?

We look forward to welcoming you to this comprehensive conference only available in person at the Hilton Glasgow.

What’s being covered?

Hybrid working: a help or a hindrance?

With many employers keen to bring their staff back from the norm of working from home, Marianne McJannett looks at the ups and downs of hybrid working, asks why some employers are keen to bring it to an end, and what benefits challenges this mode of working brings to the table.

Marianne McJannett, Bellwether Green

Trouble at the top: challenges with executive contracts

In this session we will look at the key consideration when preparing executive contracts including corporate transactions, bonuses, drafting and enforceability of restrictive covenants and future reform.

Deborah Miller, Shepherd & Wedderburn

Suspending employees in the modern workplace

Working environments have changed drastically in the last 3 years, as have some of the areas of pressure faced by employees. This presentation will cover the new ACAS advice on suspension, taken in conjunction with some of the case law on the topic from recent years, and provide practical guidance on suspending employees and the steps which should be taken to continue to fulfil the employer's legal obligations towards the suspended employee, whilst protecting any staff impacted by the issue that they are suspended for.

Lindsey Cartwright, Morton Fraser

Employment law issues when employees are charged with criminal offences

In this session we will consider: advice to an employer when an employee is charged or convicted of a criminal offence and in particular the factors to consider in deciding whether to bring disciplinary proceedings; whether an employer should proceed with disciplinary proceedings while the criminal proceedings are ongoing; the possible grounds for dismissal including reputational damage and alternatives to formal disciplinary proceedings; advice to an employee who has been charged with an offence in dealing with their employer and possible disciplinary proceedings; and issues when there are employment tribunal proceedings related to ongoing criminal proceedings concerning the parties.

Amanda Buchanan, Levy & MacRae

Disability discrimination update and neurodivergence at work

In this session we will look at recent case law in disability discrimination and will focus on the developments of the law in relation to neurodivergent employees, employer's legal obligations and making reasonable adjustments.

Sarah Gilzean, Morton Fraser

The key employment law implications of business restructuring

Given the current economic outlook, it is perhaps unsurprising that many employers may be considering restructuring their business. There are a number of key legal implications arising from that for employers and employees which Chris will explore during his presentation. This will include changing terms and conditions of employment as well as a brief overview of redundancy and the Transfer of Undertakings (Protection of Employment) Regulations 2006.

Chris McDowall, Anderson Strathern

Agency workers: what should employers know?

This session will cover the key provisions in the Agency Workers Regulations 2010; take a brief look at the current position re using agency workers when employees are striking; consider what might happen to the Regulations under the Retained EU Law (Revocation and Reform) Bill; and provide a practical insight into cases that Kate’s team has dealt with regarding agency workers.

Kate Sutherland, Harper MacLeod