We are delighted to be returning to BT Murrayfield for the next in our Scots Law 2023 Conference Series, exclusively available to delegates in person on the day.
With the fallout from Brexit and the pandemic still impacting on employment lawyers, our comprehensive conference, chaired by Tony Hadden of Brodies, will look at the practical concerns this provides practitioners as well as considering the effect on your advice of recent changes brought in by the UK Government. Subject access requests, employee surveillance and supporting corporate transactions will also be considered in a comprehensive programme.
An expert panel of speakers will join Tony, including Alison Weatherhead from Dentons, Gillian MacLellan of CMS, Alan Delaney from Morton Fraser, Robin Turnbull of Anderson Strathern, Grant McGregor from Burness Paull and Will Rollinson of Brodies.
Questions to be considered will include:
what are the legal issues to consider when advising employers about changing their approach to flexible working?
what are the three areas of employment law that have been identified for reform and what will the impact be of the proposed changes?
what are the legal and practical aspects of workplace surveillance?
how do you strike a balance between ensuring compliance with the DSAR regime without overwhelming clients’ HR, Legal and other teams?
how do employment matters sit within the wider context of a corporate transaction?
when might a TUPE transfer be triggered following a share sale?
what are the implications for changes in the law to carer’s leave, sexual harassment and discrimination?
What's being covered?
A bonfire of rights? Next steps with Retained EU Employment Law
Despite previous speculation to the contrary, in May the Government confirmed that they would be preserving the majority of EU retained employment law. Three areas of employment law have been identified for reform. In this session Gillian MacLellan from CMS will discuss the proposals and the impact of the changes which are planned on record keeping, holiday pay and consultation under the TUPE Regulations.
Gillian MacLellan, CMS
In this session we will look at the current law relating to flexible working in the UK; some of the trends we are seeing in relation to the approach to working arrangements post-Covid and then set out the legal issues to consider when advising employers about changing their approach to flexible working
Tony Hadden, Brodies
Navigating workplace surveillance: the legal and practical aspects
In the digital and hybrid working age, workplace surveillance has become increasingly prevalent among employers, raising a number of complex legal and practical considerations for the employment relationship based on a foundation of trust and confidence. This session looks at why employers increasingly turn to surveillance and monitoring, the methods and types of monitoring most commonly used (from the traditional such as CCTV to the modern such as fitness trackers and keystroke monitoring) and the steps that need to be taken in order to navigate the various legal restrictions within the UK. The session will look at the extent to which case law on Article 8 of the European Convention has established a right to privacy within the workplace and will look at how UK data protection law operates to restrain intrusive monitoring and to strike a balance between business needs and employee privacy. The ICO's latest guidance on employee monitoring at work will be considered, alongside practical advice for carrying out impact assessments.
Alan Delaney, Morton Fraser
Subject access requests
Since the introduction of GDPR, a major challenge for many employers when it comes to data compliance efforts has been the effective handling of data subject access requests (or “DSARs”) – which enable individuals to request access to, and information about, the personal data held about them. Against the growing volume of data held by employers, research from the Data Privacy Group found that dealing with DSARs can cost some organisations an eye-watering £336,000 per year and can place huge strain on organisations as they seek to comply within the tight statutory time frames for compliance. Informed by the latest guidance published by the Information Commissioner’s Office and a number of years’ experience advising clients on the handlings DSARs, this session will have a practical focus and aim to help employers strike a balance between ensuring compliance with the DSAR regime without overwhelming their HR, Legal and other teams who have responsibility for dealing with such requests.
Grant McGregor, Burness Paull
What’s new and upcoming in Employment Law for 2023
As always with Employment Law, there is a lot to keep an eye on in terms of what has changed, and what is on the horizon. This talk will enable you to keep on track with what is key and what you really need to know. The content will be adapted so it is topical and focused on what is crucial at the time such as changes to the law on carer’s leave, sexual harassment, discrimination, and industrial action, as well as considering key recent employment cases and their implications for those dealing with HR, and in-house legal counsel.
Robin Turnbull, Anderson Strathern
Delivering employment law support for a corporate transaction
This presentation will help the delegate understand how employment matters sit within the wider context of a corporate transaction, taking you through how to scope your involvement, the key issues arising in DD, warranties and indemnities, plus the inside track on what to look out for and some drafting top tips.
Alison Weatherhead, Dentons
TUPE and share sales – when might a TUPE transfer be triggered following a share sale?
In this session we’ll consider the degree to which post-completion integration and the assumption of responsibilities of an acquired entity might lead to a transfer of staff to a different company in the corporate structure.